A pivotal ruling by the US Supreme Court has lifted a provisional injunction on the plan by the Seminole Tribe of Florida to offer online sports gaming throughout the state.
Victory for Seminole Tribe Despite Legal Obstacles
The dispute dates back to 2021 when the Seminole Tribe formalized an agreement with the state of Florida to facilitate online sports betting. This initiative engendered strong resistance from West Flagler Associates and the Bonita-Fort Myers Corporation, who contested that the agreement was in breach of federal Indian gaming regulations.
An initial judgement by a federal judge favored the protesting companies, shutting down the Tribe’s sports gaming functions. Nevertheless, this ruling was overturned by a federal appeals court in June 2023, allowing the Seminole Tribe to proceed. The recent verdict by the Supreme Court has further empowered the Tribe’s stance, essentially paving the way for online sports betting to potentially be realized in Florida, as reported by The Miami Herald.
Despite the Supreme Court’s ruling being a significant win for the Seminole Tribe, there are still legal obstacles to overcome. The companies involved in pari-mutuel wagering have initiated a lawsuit with the Florida Supreme Court, alleging that the betting plan is infringing on a 2018 state constitutional amendment that stipulated voter consent for casino gambling.
Potential Delays Could Hinder Implementation of Online Betting in Florida
In spite of approval from the Supreme Court, industry experts anticipate potential pitfalls on the path to implementing online sports betting in Florida. Legal experts such as Bob Jarvis, a professor at Nova Southeastern University Shepard Broad College of Law, suggest that issues at the state level could extend the overall process. His forecast is that it may take up to three years for the case to reach a resolution within Florida’s legal system.
During the ongoing legal disputes, the Seminole Tribe has abstained from activating its sports betting platform, the Hard Rock Bet mobile application. Despite being legally permitted to proceed, the Tribe is exercising caution in consideration of the potential risks associated with early deployment of the platform.
The Supreme Court’s decision has ignited wider discussions about the implications of this case. Justice Brett Kavanaugh, in an independent comment, brought up issues regarding the gaming agreement’s conformity with the Indian Gaming Regulatory Act. He also pointed out issues pertaining to equal protection under the law. Meanwhile, as the legal skirmishes over the exclusivity of the sports betting agreement for the Seminole Tribe of Florida continue, US Solicitor General Elizabeth Prelogar provided a response in which she certified the gaming agreement between the tribe and the state of Florida as being coherent with the Indian Gaming Regulatory Act (IGRA). She also confirmed that IGRA does not impose restrictions on gaming agreements that facilitate gaming operations on non-tribal lands.
