The landscape of sports wagering in Florida remains stagnant for a few years, with no clue as to when it may return. The situation gets complex after Florida’s government formed a gambling agreement with the Seminole Tribe. However, this decision was contested by entities within the industry, including the West Flagler Associates. They contended that the compact was against the Indian Gaming Regulatory Act (IGRA), sparking a legal dispute that persists.
In recent updates, on Thursday, the US Department of the Interior (DOI) expressed disapproval of the petition by West Flagler for a rehearing en banc on the sports gambling case, labelling it as “unwarranted”. This development in the ongoing legal squabble comes after the said company lodged a petition in mid-August for an en banc review of its case. Such hearings are unusual and involve a revisit of a court case by the DC Circuit Court of Appeals.
The distinctive feature of en banc rehearings is the way they are conducted—before a majority of active service judges, as opposed to the normal panel of three judges. The DOI laid out its position in a detailed 25-page response, finding fault with West Flagler’s rehearing appeal regarding the sports betting compact in Florida.
The DOI noted: “West Flagler’s reasoning for rehearing is purely conjectural, based on its mistaken belief that, by bringing up state-endorsed wagers, the Compact —and its approval by the Secretary— seeks to singlehandedly legalize those wagers and the State’s regulation mechanism for them.” The comprehensive response further stated: “However, as West Flagler admits, the panel unequivocally decided that the compact doesn’t do that, while meticulously clarifying that neither its opinion nor the Secretary’s approval bars West Flagler from disputing the relevant State law in Florida’s courts.”
Ongoing Legal Tussle Delaying Sports Betting
Given the present circumstances, the status of sports betting in Florida remains in limbo, and it is still uncertain when the practice will be able to resume. The Seminole Tribe, in earlier statements, stated their intent to revive betting through the Hard Rock brand, but the legal impediments need to be resolved before the same becomes feasible.
The coming week will witness the inception of the new National Football League (NFL) season. Clearly, Florida residents might need to exercise more patience before betting on NFL games becomes viable. After the legalization of the activity in 2021, Florida briefly introduced it for a month before suspending it on December 4, 2021.
