Supreme Court to Consider Legality of Florida’s Online Sports Betting Agreement

22.05.2024

This week, West Flagler Associates filed a reply brief in their ongoing lawsuit against the U.S. federal government. The suit challenges the legality of Florida’s online sports betting agreement with the Seminole Tribe, a pact approved in 2021 by Florida Governor Ron DeSantis.

Core of the Legal Dispute

The crux of the dispute is whether the gaming compact violates the Indian Gaming Regulatory Act (IGRA). West Flagler Associates and Bonita-Fort Myers Corporation, operators of Magic City Casino and Bonita Springs Poker Room, argue that IGRA restricts tribal gaming to occur only on tribal lands.

They assert that the 2021 compact improperly extends tribal gaming rights to online sports betting, allowing bets to be placed off-reservation.

West Flagler’s latest brief challenges the Department of the Interior’s defense for dismissing the case, insisting that their rationale actually underscores the need for judicial review. According to West Flagler, the compact’s allowance for remote sports betting represents an unlawful expansion of tribal gaming beyond what IGRA permits.

Government and State Defense

On the other side, attorneys for the state and federal government argue that the compact is compliant with IGRA because the servers processing the bets are located on tribal land.

They claim that as long as the servers are on the reservation, the betting is legally taking place on tribal land, regardless of where the bet is placed.

West Flagler’s legal team dismisses this argument, describing it as a superficial legal trick. They contend that the essence of the compact’s provisions is to facilitate gambling off tribal lands, which they believe clearly contravenes IGRA. The plaintiffs assert that the Appeals Court’s interpretation, which allowed the compact to stand, misreads the legal boundaries set by IGRA.

The U.S. Supreme Court is expected to decide soon whether to hear the case. A ruling in favor of West Flagler could have significant ramifications for how online sports betting and tribal gaming compacts are regulated nationwide.