The Department of Justice (DoJ) has declared its inability to participate in the legal matter concerning sports wagering regulations in Florida. The issue arose in the wake of the state’s preliminary introduction of a sports betting offer via the Hard Rock Bet. The offer was the outcome of a state agreement negotiated between Gov. Ron DeSantis and the Seminole Tribe of Florida.
DoJ Declines Participation in WFA’s Challenge of Tribal Sports Betting
The agreement cleverly sidestepped an array of legal obstacles that had proven insurmountable within the timeframe desired by the Seminole Tribe of Florida. This made the agreement a fast track to the inception of sports wagering in the state. Nonetheless, West Flagler and Associates have consistently contested this decision and the legal standing of the agreement in court, despite numerous legal setbacks.
The political savvy of Gov. Ron DeSantis not only secured additional funds for the state but also advanced a matter that would have otherwise been too time-consuming to pass through legislature.
In the ongoing saga, the legitimacy of the agreement between Florida and the Seminole Tribe of Florida was not a federal matter, leading to the DoJ’s recusal from the matter. This served another disadvantage to West Flagler and Associates, who have been exploring every possible legal strategy to challenge the legality. The plaintiff asserts that giving Hard Rock Bet exclusive rights undermines existing businesses and is fundamentally unlawful.
The DoJ, however, proposed that the matter’s legality could best be determined by examining three aspects: whether the compact infringes upon the Indian Gaming Regulatory Act(IGRA), which it does not, whether it contravenes the Unlawful Internet Gaming Enforcement Act(UIGEA), which it does not either, and importantly – the equal-protection provisions under the Fifth Amendment.
Hard Rock Set to Capitalize on iGaming
Even though the final question potentially holds some legal merit, in the DoJ’s judgement, it is not sufficient cause to contest the compact, affirming the Seminole Tribe’s stance. Hard Rock is also combating the opposition presented by West Flagler and Associates while concurrently working to extend its online casino gaming prospects.
Nevertheless, stakeholders must wonder – is it advantageous for Florida to rely on a single sports betting and online casino operator? Most similar markets across the nation, particularly those that are competitive, tend to establish a competitive framework that welcomes multiple operators.
On balance, Hard Rock Bet may have earned some respite given it took over 3 years to convince the courts to let it benefit from the compact initially. So far, WFA’s cause appears fated for failure.
