In 2021, a landmark decision was made to legalise sports betting in the state of Florida, executed through a new gaming compact with the Seminole Tribe of Florida. This significant step into a new era of gaming took place on November 1st, 2021, but was swiftly suspended on December 4th, 2021. A court judgement determined that the agreement between the state and the tribe was in breach of federal law, thus putting a stop to sports betting in the state. However, earlier this year, sports betting was reinstated by a federal appeals court, asking the Department of Interior to re-establish the tribe’s pact with the state, thereby restoring exclusive sports betting rights in Florida.
However, even with that resolution and the ongoing legal challenges, the revival of sports betting could face further delays as per a recent report. As per Click Orlando, a corporation in South Florida plans to prolong the legal dispute with the Seminole Tribe regarding the sports betting compact with the state. West Flagler Associates has reportedly proposed a re-examination of its federal appeal.
The request for an en banc hearing signifies the recommencement of court proceedings. These hearings are distinguished by the fact that they are conducted before the majority of judges in service, not the customary three-judge panel. Daniel Wallach, an attorney specializing in gaming law, indicated in an interview with News 6 back in June that the company could try to present its case to the US Supreme Court.
He clarified: “This scenario, where contradictory court rulings from different federal circuit courts abound, is a prime justification for the United States Supreme Court to grant certiorari review. They are discerning for divided circuits.” As per Wallach, the present case fits this structure perfectly, leading to the probability of the company putting it before the US Supreme Court.
Possible Further Delay in Resumption of Sports Betting
Consequent to this situation, West Flagler Associates has allegedly submitted a petition for an en banc rehearing to the DC Circuit Court of Appeals. The firm argues that the previously declared appellate decision is “faulty and will lead to misunderstanding, and therefore rehearing is justified.” In the new petition, the company’s representative lawyers argue that the gaming compact between the Seminole Tribe and the state is in contravention of the Indian Gaming Regulatory Act (IGRA) .
The possible progression of the en banc rehearing is uncertain. Still, considering the current circumstances, it is probable that the persistent legal dispute could cause further hold-ups to the revival of sports betting in Florida.
