US supreme court ruling on Florida gaming

Jake Graves October 25, 2023

US President Biden’s administration is urging the Supreme Court to allow an appeals court ruling to proceed regarding the Seminole Tribe of Florida’s ability to offer online sports betting throughout the state.

US Solicitor General, Elizabeth Prelogar, has filed a response to Chief Justice, John Roberts, who has temporarily halted the appeals court ruling in October, which could eventually enable sports betting.

Appeals court ruling

The appeals court ruling relates to a plan allowing mobile sports wagers anywhere in Florida, with the bets to be managed by computer serves on tribal property.

Pari-mutuel companies have argued that this plan was designed to circumvent a 2018 state constitutional amendment that required voter approval for casino gambling in Florida.

IGRA

The US Department of the Interior approved the compact, but the lawsuit contends it violates the federal Indian Gaming Regulatory Act (IGRA) by authorising gambling off of tribal land.

Despite this, Prelogar argues that the compact is consistent with the IGRA as it does not bar a compact from addressing issues beyond activities on tribal lands.

Setting a precedent

The case also has implications for whether states and tribes can use IGRA compacts to provide gaming off Indian lands.

A separate case at the Florida Supreme Court is addressing whether the sports-betting plan violates the 2018 constitutional amendment.

The Seminoles rolled out a mobile sports betting app in 2021 but halted it due to legal issues.

Pari-mutuel companies are seeking a stay by arguing that the appeal’s court decision will raise a question of nationwide importance with regard to gaming off Indian lands.

West Flagler and Bonita-Fort Myers Corp. are involved in the legal battle, holding jai alai licenses and operating a poker room in Florida.

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