US Supreme Court approves temporary stay for Florida sports betting
Seminole Tribe and Department of the Interior given six-day window to respond to order as West Flagler Associates’ petition finds its mark
The US Supreme Court has ordered a stay of a DC Court of Appeals judgment allowing the Seminole Tribe to commence sports betting in Florida, pending a potential rehearing of the case.
US Chief Justice John G. Roberts Jr approved the stay just hours after the petition by Florida-based parimutuel operator West Flagler Associates (October 12), which is engaged in legal appeals on several fronts against the Seminole Tribe, the US Department of the Interior, and the state of Florida.
In his order, Chief Justice Roberts Jr has ordered responses from the tribe, the DOI and the State no later than 5pm on October 18, a total of six days for responses to be framed.
The stay is pending West Flagler Associates filing an application for a writ of certiorari by November 20, which could see the DC Court of Appeals ruling given a formal review by the US Supreme Court.
West Flagler has argued three “questions of exceptional importance” were raised by the DC Circuit’s decision.
Firstly, it asks if the Indian Gaming Regulatory Act (IGRA) authorizes the federal government to approve a compact that allows a tribe to conduct gaming activities on tribal land.
The second point for examination is whether the Unlawful Internet Gaming Enforcement Act (UIGEA) is broken when a tribe uses the internet to offer its services outside of its land.
Lastly, West Flagler has questioned whether the Equal Protection Clause of the Constitution is violated when the federal government approves an IGRA compact that will give a tribe a monopoly on online sports betting.
It is thought the speedy approval of the stay by the US Supreme Court increases the likelihood that the court will review the case, further pushing back the chances of the Seminole Tribe’s Hard Rock Digital sportsbook relaunching in the state following its initial exile in November 2021.
At the time, West Flagler successfully argued that the tribe’s 30-year gaming compact with the State of Florida was invalid due to its violation of IGRA and UIGEA.
The tribe lost its initial attempt to resume operations in the Florida courts, but later appealed, with the DC Court of Appeals greenlighting the appeal, and ultimately leading to the further extension of the case to the US Supreme Court.
West Flagler and Bonita Myers Fort Corporation are currently suing the Seminole Tribe, the US Department of the Interior and Florida Governor Ron DeSantis in the Florida Supreme Court, on the grounds that the 30-year gaming compact is unconstitutional as it has not been put to a statewide vote.