Florida Sports Betting Sees a Potential Delay

Florida sports betting has a new obstacle in front of it that it needs to overcome. This past Tuesday, new legal filings moved forward that could block the potential launch date.

Florida Governor Ron DeSantis filed a motion to dismiss this case already. The Seminole Tribe also filed a motion to intervene as well. Now, the West Flagler Associates’ lawyers have filed their response. Many of these filings have come as a surprise to many in the state.

The face off in court could potentially stall the launch of Florida sports betting as the Seminole Tribe may be blocked from launching sports betting in the state. The plaintiffs in the case are the West Flagler Associates and the Bonita-Fort Myers Corporation. But, the tribe is looking to stall the South Florida gaming operators’ efforts to stop them.

These filings took place in the Northern District Florida Federal Court. The filings were joined by a joint briefing schedule that was filed in the District of Columbia around the same time last week.

These court filings in Florida set the stage at the District Court level before a hearing will take place. It does not matter what the federal court rules, the case is going to be appealed in the Eleventh Circuit Court of Appeals.

The plaintiffs are arguing that Florida Governor Ron DeSantis’s tribal gaming compact with the Seminole Tribe of Florida was an ultra vires act. This means that they feel this compact extended beyond the scope of the governor’s power.

The Southern Florida gaming operators feel that the provisions in the Compact in regards to off-reservation sports betting violate the Indian Gaming Regulatory Act. This is in addition to other federal laws and constitutional provisions that they feel the Compact violates.

The plaintiffs have noted an amicus brief that was once filed by the State of Florida from a case in the Ninth Circuit Court of Appeals that featured the Couer D’Alene Tribe. In it, the state argued that the ‘on Indian lands’ requirement of the Indian Gaming Regulatory Act mandates that Native American gaming activity needs to physically take place on tribal land. And, this includes a customer’s play or participation in a casino game.

The response filed by the plaintiffs has also moved to counter the arguments put forth by the government. They have had to argue that Governor DeSantis is a proper defendant. They cited the 1908 doctrine from the case Ex Parte Young. This only protects state officials from lawsuits in federal court, so according to them, it does not apply in this case.

The plaintiffs feel that the Florida Governor is within the scope of state officials that are able to be sued in their official capacity. They argue that these officials can be sued in order to seek equitable relief as well as to cease any ongoing violations of federal law.

Fantasy sports also comes into play in this court case. The plaintiffs have pointed to a potential problem that they see in the Compact in regards to provisions for fantasy sports. In their response, they argue that these provisions in the Compact are part of the intent of the Compact and its ongoing purpose.

These filings were not expected when it came to Florida sports betting. However, they do mean that a court battle is most likely coming when it comes to legal gambling in Florida. It is believed that this litigation will be brought to its conclusion prior to the end of the year, before a potential Florida sports betting launch.

But, it is very likely that the Eleventh Circuit Court of Appeals will see an appeal to this case soon.

Written by Allie Nelson, our US Sports Betting Industry expert. You can learn more about our author's expertise here.