There is an ongoing legal contest in Florida involving pari-mutuel organizations, namely West Flagler Associates and Bonita-Fort Myers Corp, concerning the sole sports betting agreement of the Seminole Tribe of Florida. Adding another twist to the legal proceedings, US Solicitor General Elizabeth Prelogar presented a comprehensive 29-page rejoinder last week. This follows an earlier verdict by Chief Justice John Roberts recorded on October 12, 2023. The interim verdict by Justice Roberts at that time briefly halted a ruling from the Court of Appeals, which presented the likelihood of paving the way for sports betting in Florida.
Prelogar elucidated that it was improbable for the Supreme Court to contest the decision of the appeals court. Furthermore, the US Solicitor General dismissed the claims put forth by the pari-mutuel firms. Additionally, she validated the appeals court’s judgment that “IGRA governs gambling endeavors on Indian territories, but not elsewhere”, as reported by 6 South Florida.
In the perspective of Prelogar, the established gambling agreement between the Seminole Tribe and Florida state aligned with the Indian Gaming Regulatory Act (IGRA) rules and was “consistent”. She further clarified that the Act must cover the regulation of betting activities taking place on Tribal lands. However, she stated that IGRA does not impose limitations on gambling agreements between the tribe and the state pertaining to the conductance of gambling activities on non-tribal premises.
“But, there does not seem to be any clear basis that a tribal-state compact permitting gaming actions on Indian domains under IGRA cannot also encompass provisions regarding the state’s (independent and non-IGRA) permission to carry out directly connected gaming activities on non-Indian territories, even in situations where IGRA and the tribal-state compact do not independently authorize those related activities,”
explained US Solicitor General Elizabeth Prelogar.
Ongoing Legal Struggle over Sports Betting
Legislators in Florida endorsed a pact in 2021 between the Seminole Tribe and Gov. Ron DeSantis. This effectively paved the way for lawful sports gambling. The agreement included a clause for exclusive rights for mobile wagering which instantaneously grabbed the attention of the pari-mutuel firms, resulting in a lawsuit and a temporary halt of the activity.
Consequently, the firms entered a legal entanglement, asserting that the gaming pact contravened the IGRA. They argued that the compact included betting activities that transcended Tribal territories, thus violating the Act’s tenets.
In a separate action, the pari-mutuel firms lodged a lawsuit with the Florida Supreme Court, arguing that the gaming compact breached a constitutional amendment in Florida dating back to 2018. Responding to that claim, Prelogar articulated: “If the Florida Supreme Court determines that the authorization by the Florida Legislature for placing bets outside Indian territories does not align with Florida’s Constitution, that would grant the applicants the relief they are seeking.”
Sports betting has indeed proliferated throughout the US. Both parties appear geared for a hearty legal battle that could delay the advent of regulated betting. If this happens, perhaps hundreds of millions could be endangered for the Seminole Tribe.
