THE SEMINOLE TRIBE OF FLORIDA HAS LOST THE RIGHTS TO OFFER ONLINE SPORTS BETTING

The Seminole Tribe of Florida has seen a denial for its motion for a stay of the ruling that Governor Ron DeSantis’ newly signed compact regarding sports betting violated the IGRA (Indian Gaming Regulatory Act). The Tribe had filed a motion to the D.C. Court of Appeals, but said motion was denied.

Filed on the 25th of November, the emergency motion received responses from the plaintiffs, West Flagler Associates, and the Department of the Interior on November 30th, 2021. By December 3rd, 2021, a federal judge determined that the Seminole Tribe was not impacted negatively by the cancellation of their ability to offer bets.

This denial of the motion technically returns the state of Florida back to their 2010 gaming compact, which was made prior to the authorization of mobile sports betting in the state.

Both sides have made the argument that their position is in the best interest of the public. The plaintiffs argue that the compact from 2021 made a scheme that is in violation of state and federal laws.

The plaintiffs argue that it is in the best interest of the public to return to the compact that was in place prior to 2021. They feel it would balance both parties’ interests.

However, the Seminole Tribe responded that their assessments of the damages is based on actual documented facts. As part of their defense, the Tribe emphasized its ongoing payments of tens of millions of dollars since October that have been made to the state of Florida. The argument was that the Tribe may be “irrevocably harmed” by losing their ability to offer online sports betting, an opinion that was not shared by the federal judge ruling on the case.

The 30 year, multi-billion dollar agreement forged by Gov. DeSantis and the Seminole Tribe is, in the eyes of the courts, null and void. The Tribe looked for a “stay”, giving them more time to offer bets and revise the compact to be more agreeable in the eyes of the federal courts, but this request for a stay was denied because the Tribe “has not satisfied the stringent requirements for a stay pending appeal.”

The Hard Rock Sportsbook app was still live until Saturday, December 4th despite this court ruling. Now, the Seminoles have pulled the app and are complying with the results of the ruling, but the days-long period where Hard Rock was offering bets on a technically illegal basis is likely to result in more than just a “slap on the wrist” for the Seminoles.

How and when sports betting will again resume in Florida remains to be seen, but it’s highly unlikely that the Seminoles and the legislation will be able to revise their compact and forge a new agreement in any meaningful timeline.

Written by Allie Nelson, our US Sports Betting Industry Expert (with addenda by Chris Altman).