Florida Supreme Court Rejects Challenge to Sports Betting Operations By Seminole Tribe

The Florida Supreme Court has denied a petition by West Flagler and Associates (WFA) to hear their case against Governor Ron DeSantis and the state legislature. This case could have had significant implications for the future of sports betting in Florida. Justice Meredith Sasso stated that WFA had chosen the wrong legal avenue to seek relief, signalling a setback for the parimutuels’ efforts to challenge the state’s sports betting regulations.

West Flagler and Associates (WFA), the owners of two parimutuel establishments in South Florida, have been contesting the legality of the Florida-Seminole compact since its approval by the US Department of the Interior (DOI) in 2021. The compact granted the Seminole Tribe exclusive rights to offer statewide mobile sports betting and deemed any bet placed in Florida to have been placed on tribal lands if it flowed through a server on Seminole land.

WFA argued that the approval of the compact violated Florida law, specifically Amendment 3, which requires any expansion of gaming to be approved by voters. However, the Florida Supreme Court held that WFA’s legal approach, quo warranto, was not the appropriate vehicle to challenge the constitutionality of an enacted law.

Justice Meredith Sasso, writing on behalf of the Florida Supreme Court, stated that quo warranto was not the proper avenue to obtain a declaration on the substantive constitutionality of an enacted law. The court denied WFA’s petition, indicating that the relief sought by the parimutuels exceeded the scope of quo warranto.

Despite this setback, WFA still has the option to pursue their case in the Leon County Circuit Court in Tallahassee. However, constitutional law professor Bob Jarvis from NOVA Southeastern University expressed skepticism about WFA’s chances of success at any level.

WFA also has a pending case in the US Supreme Court, where they have sued the US Department of the Interior (DOI) for approving the Florida-Seminole compact. The DOI has until April 12th to respond to WFA’s petition. If the US Supreme Court decides to hear the case, it could have far-reaching implications for the future of sports betting regulation in Florida.

The Seminole Tribe of Florida sees the Florida Supreme Court’s decision as a major victory. Seminole spokesman Gary Bitner expressed confidence in the future, stating that the ruling would pave the way for billions of dollars to fund important state needs. The tribe can now proceed with statewide sports betting and expanded casino games, both offline and through their Hard Rock Bet platform.

The Florida-Seminole compact has faced criticism since its approval, with some arguing that it violates the Indian Gaming Regulatory Act. However, recent regulations from the Bureau of Indian Affairs state that bets taken off Indian lands but run through tribal servers are legal, as long as a state agrees. These regulations went into effect on March 22nd, further solidifying the legality of the Seminole Tribe’s sports betting operations.

The Florida Supreme Court’s decision not to hear WFA’s case is a blow to parimutuel establishments in the state. The exclusivity granted to the Seminole Tribe for digital sports betting has raised concerns among parimutuels about the impact on their businesses. Without the ability to offer mobile sports betting, parimutuels may face challenges in competing with the Seminole Tribe’s operations.