Bid to shutter Hard Rock Digital sportsbook falls flat in Florida Supreme Court
Sunshine State court denies West Flagler Associates’ attempt to force closure of newly relaunched OSB app
A petition to close the Hard Rock Digital online sportsbook in Florida for a second time was denied by the Florida Supreme Court, in a victory for the Seminole Gaming subsidiary.
In a two-page ruling, the Florida Supreme Court dismissed a motion to expedite consideration of a request for all writs of relief pending resolution of a wider petition of writ of quo warranto to suspend approved sports betting laws. This ruling effectively prevents any immediate cessation of the Hard Rock Digital sportsbook offering.
Seven of the nine-strong Florida Supreme Court bench confirmed their concurrence with the decision, including Supreme Court Chief Justice Carlos G. Muñiz.
Florida parimutuel operator West Flagler Associates had previously asked to suspend all legal provisions allowing the relaunch of sports betting pending a final ruling from the court on the petition for writ of quo warranto.
The chief reason cited was the launch, without warning, of the Hard Rock Digital online sportsbook on November 7, with the Florida parimutuel asserting that the Seminole Tribe could collect millions of dollars of bets which would eventually be voided should the review rule that the enabling laws are unconstitutional.
In addition, West Flagler Associates suggested Floridians could be “irreparably harmed” in the interim period between the tribe resuming operations and the court delivering its verdict on the case, even if that period is a short time.
However, that petition has fallen on deaf ears, in a second victory for the Seminole Tribe, which is all set to launch retail sports betting in Florida on December 7.
Hard Rock Digital had initially resumed operation after the US Supreme Court denied a petition to stay implementation of a June 2023 ruling allowing the operator to do so in September.
A separate petition by West Flagler Associates and the Bonita Fort Myers Corporation to the Florida Supreme Court to review the 30-year tribal gaming compact between the state and the Seminole Tribe on grounds that it breached Florida’s constitution is ongoing.
In addition, West Flagler Associates are expected to pursue a writ of certiorari to have its legal case against Seminole Gaming reviewed by the US Supreme Court.
A one-month window for the Florida parimutuel to submit this petition began on September 11 and will expire on December 11. Should the US Supreme Court decide to conduct a review of the case, it will likely begin in 2024.