Florida Holds Key to Wisconsin Online Sports Betting

The legalization of Wisconsin online sports betting continues to be considered inevitable. Yet, the when and how remain unknown. And as it turns out, the battle of sports betting in Florida may have something to say about that.

Indeed, this is something many have wondered for a while. In fact, ever since retail sports betting in Wisconsin launched roughly four years ago, there has been a focus on the online element. As of now, per gaming compacts with The Badger State, customers must be on tribal land to use Wisconsin online sports betting apps. And at that point, are you really betting on sports online? It’s debatable. Yes, you are using an app. But the entire point of online sports betting in the United States is to offer easier access from the comfort of your home, or while on the move. In Wisconsin, though, the law says you still need to visit a physical sportsbook, even if you’re using an app.

For this to change, it traditionally requires a constitutional amendment. Pushing through one of those is a complicated process. It not only mandates that policymakers drive discussion in the House of Representatives and Senate and generate majority support, but it also dictates voter approval. Neither of those things is guaranteed. And even if you think voters want Wisconsin online sports betting, we have yet to see a ton of traction for it among lawmakers.

All of which puts The Badger State on a wait-and-see timeline. That can mean anything. Wisconsin online sports betting could technically appear on the 2026 electoral ballot. It could also remain off until 2028, 2030 or even later.

Except, what if there was a way to launch Wisconsin online sports betting without having to go through those steps? And what if it also did not require the state to allow corporate operators into the market?

This is where Florida sports betting comes into play.

Could Wisconsin Online Sports Betting Follow Florida’s Model?

Much like the tribal gaming compacts for sports betting in Wisconsin, Florida operators are exclusive to tribal nations. In The Badger State, this covers a handful of tribes. For The Sunshine State, the Seminole Tribe has a monopoly on sports betting. Nobody else can legally offer it.

Similar to Wisconsin sports betting once again, Florida’s gaming compact only allows for wagering on tribal property. This implies that users must visit a physical Seminole Tribe sportsbook to place bets, regardless of whether they are using the tribe’s Hard Rock betting app. However, the tribe seemingly found a loophole almost soon as their own services launched.

The Seminoles argue that because their Florida sports betting app is run by servers on tribal property, the mobile application is an extension of that tribal property. This interpretation has naturally invited push-back. Most notably, West Flagler Associates filed a lawsuit back in 2021 contesting the gaming compact and its interpretation. At first, this prompted Florida online sports betting services to halt. In the end, though, the Seminole Tribe’s argument held up. The Florida Supreme Court sided with them. The same can also basically be said of the Supreme Court of the United States. They didn’t offer an official ruling, but they refused to take on the case brought by West Flagler Associates. That’s close to a stamp of approval. If nothing else, it has enabled the Seminole Tribe to continue offering online sports betting to anyone of legal age no matter where they are located within the state.

This is potentially a model that tribal nations can replicate if they wish to launch Wisconsin online sports betting. It is, of course, a legal gray area. Alternative gaming operators both in and outside the state might contest it. But there is no precedent for it working.

The Latest Florida Sports Betting Lawsuit Could Change Things

Although prospective Wisconsin online sports betting operators have acknowledged Florida’s situation, there hasn’t been a groundswell to duplicate it. And to be fair, tribal nations may not want to roll the dice.

Broadening their services could prompt action from legislators that attempt to open the Wisconsin online sports betting market to industry heavyweights such as FanDuel or DraftKings. Right now, local tribes only compete with each other. It is a different ballgame entirely when you throw gambling conglomerates into the mix.

What’s more, there is another Florida sports betting lawsuit on the table. And it’s contesting the same thing West Flagler Associates did years ago. According to Tribal Business, the plaintiff Protect the Constitution LLC, argues that “Florida law requires a constitutional amendment via citizen referendum to expand gambling beyond Seminole reservation lands. The complaint asserts that the state bypassed this requirement when it ratified a 2021 gaming compact granting the Seminole Tribe exclusive rights to operate online sports betting statewide.”

This complaint remains in the early stages of development. The state of Florida has responded with motions to dismiss, citing various points. The most notable is that sports betting is different from casino gambling, which allows it to be expanded without voter referendum.

If this interpretation holds up yet again, it could pave the way for Wisconsin online sports betting without a ballot measure. The case to follow Florida’s lead actually gets stronger if there’s a more official ruling in their favor than last time.

Whether Wisconsin’s tribes position themselves to capitalize on that interpretation remains to be seen. But their plans (or lack thereof) could become clearer once the latest legal matter in Florida is settled.)

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