For so long, we would go weeks without a true Florida sports betting development. Now, twists and turns and breaking news are happening almost daily. And based on the latest development, we shouldn’t necessarily expect that to change.
Florida sports betting will not be shut down while the United States Supreme Court decides whether to hear the years-long issue between the Seminole Tribe and West Flagler Associates. This news comes on the heels of the Florida Supreme Court deciding to uphold the exclusive gaming compact negotiated between the Seminoles and The Sunshine. In response, West Flagler Associates (the plaintiffs) requested a “stay.” This means they wanted to repeal sports betting operations in Florida until the U.S. Supreme Court weighed in.
By refusing this request, the Florida Supreme Court has once again paved the way for the Seminole Tribe to continue accepting in-person wagers as well as transactions processed with their Florida sports betting app. Why didn’t they grant West Flagler Associates’ request? Does their decision have any impact on the potential United States Supreme Court case? What does this mean for the Seminole Tribe? And for Florida sports betting as a whole?
Strap in, folks. The battle over Florida sports betting continues to rage on.
Florida Supreme Court Does Not Elaborate on Decision to Deny West Flagler Associates’ Request
After perusing Florida’s official court filings, Andrew Champagne of the Winners and Whiners website wrote about West Flagler Associates’ failed request. Notably, the details do not include an elaboration from the Florida Supreme Court:
“The Florida Supreme Court did not issue comments as part of its decision. However, the verdict was unanimous, with all seven Justices opposing West Flagler’s motion. ‘The ‘Motion to Expedite Consideration of Request for All Writs Relief Pending Resolution of Petition for Writ of Quo Warranto and Suspend the Sports Betting Provisions Contained in 285.710(13)(B)(7) & 849.142, Fla. Stat.’ is hereby denied,’ the verdict read. It took less than two weeks for the motion to be heard and dismissed. West Flagler filed it on Tuesday, Nov. 7, the same day the Seminole Tribe relaunched Hard Rock Bet to existing customers.”
Though the absence of a more detailed explanation comes as a surprise, the decision does not. As many experts have pointed out, the Florida Supreme Court just upheld the Seminole Tribe’s gaming compact. Granting West Flagler Associates’ request would have countered that logic.
How Does This News Impact the Seminole Tribe and Their Florida Sports Betting Operations?
In short, the latest verdict doesn’t change the Seminole Tribe’s Florida sports betting operations. They already relaunched their mobile and on-site services a few weeks ago. This rule ensures that they can continue with the rollout unless the United States Supreme Court eventually steps in.
With this in mind, the decision does free up the Seminole Tribe to expand their sports betting operations in Florida. Currently, they only permit existing mobile betting app users to process transactions. So, if you didn’t create an account when the app first launched in 2021, you’re out of luck.
However, that might change. Another (indirect) endorsement from the Florida Supreme Court might convince the Seminoles to open up access to their Florida mobile sports betting app and start accepting new clients.
Mind you, this would be a lucrative play for the Seminoles (and state tax revenue). All of this litigation exists because the Seminoles betting app functioned like other online sportsbooks in the United States. They allowed users to process transactions from anywhere in Florida. West Flagler Associates has argued and continues to argue that this violates the Indian Regulatory Gaming Act. The Seminoles, in turn, have said their Florida mobile betting app is an extension of tribal property, because that’s where their servers are located.
Furthermore, the Seminole Tribe already has plans to launch Florida sports betting at six casinos throughout the state sometime in December. That rollout can now go off without a hitch.
What’s Next for the Battle Over Sports Gambling in Florida?
Despite hitting another roadblock, West Flagler Associates’ case is not yet dead in the water. They are attempting to get the federal government involved by bringing this case to the United States Supreme Court.
Just this week, West Flagler Associates asked for extra time to build their Florida sports betting case. If that extension is granted, they won’t have to file their motion until February 2024. From there, the Supreme Court would mull over whether to hear the case. And from there, if they decide to try it, they will actually have to go through the entire process.
It isn’t clear how long a Supreme Court case would take to wrap up. It could be days. Or weeks. Or months. There is no concrete timeline. It’s also not clear whether the Seminole Tribe’s Florida sports betting services would remain active during a prospective trial. For now, all they know is that they can keep accepting wagers until the Supreme Court reviews the plaintiffs’ motion.
That uncertainty can be frustrating for everyone involved—sports bettors in Florida, the state government, the Seminole Tribe, etc. But given how long everything else has taken during this process, the uncertainty is also a small gift for the Seminoles.
Right now, it doesn’t seem Florida sports betting will be shut down before the end of February. That is the worst case scenario at the moment. So, at minimum, sports bettors and the Seminoles will be able to capitalize on the rest of the NFL season and playoffs as well as the end of the NCAA football season. It’s a small comfort, make no mistake. But it’s a comfort neither the Seminoles nor Florida sports bettors had before.
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