It has been nearly two years since sports betting in Oklahoma was almost legalized. The measure ultimately failed, even though it had the support and signature of Governor Kevin Stitt. The push for legal gambling has grown contentious and confusing in the years since. And now, it seems as if the state will need to move forward without Oklahoma online sports betting if they want any kind of sports gambling presence at all.
To be clear: This isn't the end of the world. Plenty of places in the United States have legalized on-site sports betting while excluding the online element.
Certain states have generally feared that legal online sports betting is a recipe for funneling revenue outside the state. Commercial online sportsbooks typically don't have a physical presence throughout the regions in which they operate. That means they don't direct any of their profits directly back towards the local economy. They pay their tax rate, and they move on.
While not a completely invalid line of thinking, this logic is growing increasingly fragile. Preventive measures for online sports betting aren't that effective. Especially if they're holding up the entire legal gambling process. Oklahomans can travel to neighboring states and use mobile betting apps to create accounts they're able to access from anywhere. They can also sign up with many of the sites that appear in our reviews of the top online sportsbooks. Sure, prohibiting online sports betting might limit the amount of money being wagered. But it by no means erases it entirely.
However, like we said, Oklahoma's dilemma is not unprecedented. And sports betting supporters like Mr. Stitt argue on-site gambling is a gateway to online wagering. But it remains to be seen whether this is true. After all, depending on the gaming compacts negotiated, Oklahoma could forfeit control of the decision-making process for the immediate future.
Why Can't Oklahoma Online Sports Betting be Legalized?
Tribal gaming laws are at the root of Oklahoma's sports betting quandary. Current policies basically grant gaming exclusivity to the tribes, not unlike the setup that has derailed Florida's sports betting. This means Oklahoma has to hash out amendments with the tribes or commit to sports betting exclusivity.
Mr. Stitt initially opted for the latter approach. Here's how that process unfolded back in 2020, courtesy of Legal Sports Report:
"Gov. Kevin Stitt approved Oklahoma sports betting on tribal land when he renegotiated two tribal gaming compacts. The compacts, signed with the Comanche Nation and Otoe-Missouria Tribe, permitted betting on all but in-state college teams and in-state college events. The effort was sidelined before sports betting launched when House Speaker Charles McCall and Senate President Pro Tempore Greg Treat sued Stitt and the court ruled against the Governor and his compacts. The governor is only allowed to authorize tribes to operate games that are listed in the state’s Tribal Gaming Act. Sports betting, or event betting as it’s called in the compacts, is not listed in the Act."
This development wound up creating tensions between Mr. Stitt and the state's tribes. The tribes were no doubt annoyed that he couldn't deliver on the gaming compacts, and the working relationship between the two parties hasn't been the same since.
Tensions are so high that sports betting in Oklahoma has spent the past few years floundering by the wayside. This has likewise made the push for Oklahoma online sports betting even harder—and, thus, less likely. The state needs the cooperation of their tribes or enough support to override their perceived exclusivity. Right now, Oklahoma doesn't appear to have either.
Is There Hope for the New Oklahoma Sports Betting Bill?
After a couple of years on the back burner, sports betting once again moved to the forefront of state discussions this past year. Representative Ken Luttrell introduced HB 3008 months ago, and it's still sitting on the House floor. The state has spent the intervening time trying to figure out whether Oklahoma voters actually want sports betting. Discussions are expected to pick up in frequency and urgency sometime in 2023.
Still, HB 3008 once again does not include a mobile sports betting provision. This suggests the state is attempting to travel the path of least resistance. Any sports betting bill that limits online bookmaker presences is less likely to receive strong opposition from Oklahoma's tribes.
But that doesn't necessarily mean it will pass. Remember: Governor Kevin Stitts' 2020 gaming compacts were rejected on the basis of their exclusivity with the tribes. The sentiment among Oklahoma lawmakers hasn't shifted in the years since. The vast majority of incumbents won re-election bids on November 8, so there will still be a groundswell of support for allowing commercial sportsbooks to operate on-site establishments.
And that brings us to another issue: It isn't yet clear what's included in HB 3008. Is this another attempt to grant tribal casinos exclusivity? Or does it allow commercial operators to enter the state? And if so, how can Oklahoma stop the tribes from lobbying against this action? Would mandating partnerships between tribal casinos and commercial retailers, like we've seen in other states, help move things in the right direction?
Given how long HB 3008 has been sitting on the House Floor, we'd expect to have more clarity. The fact that we don't feels ominous, as if this latest sports betting bill is for show more than substance. Perhaps we're wrong. But if discussions at the next round of legislative meetings don't take on a dramatically different tenor, we'd wager against any form of sports betting coming to Oklahoma in the near future.
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