Seminole backs DeSantis in Florida sports betting case

Lea Hogg December 12, 2023

SiGMA news

Seminole backs DeSantis in Florida sports betting case

In Florida the Seminole Tribe has thrown its weight behind Governor Ron DeSantis, (in photo above), in the ongoing Florida Supreme Court sports betting case. The court recently approved the tribe’s request to file an amicus brief, allowing the tribe to present its perspective in a legal dispute that revolves around the tribe’s compact with the state.

Compact controversy

At the heart of the legal clash lies the Seminole Tribe’s compact with Florida, raising questions about the governor and legislature’s authority to approve it. The contentious compact, among various provisions, grants the tribe exclusive rights to provide online sports betting through a unique “hub-and-spoke” model.

This model involves routing online bets through servers located on tribal land, aligning with the Indian Gaming Regulatory Act (IGRA).

Complex courtroom challenges

The legal battlefield extends beyond the Florida Supreme Court, with parimutuel betting operators West Flagler Associates and the Bonita-Fort Myers Corporation challenging the compact in both state and federal courts. West Flagler contends that the governor and legislature overstepped their authority by approving the compact, citing a constitutional provision from 2018 that restricts the expansion of “casino gambling” without voter approval. The landscape becomes murkier as No Casinos, an anti-gambling organization and the author of the constitutional amendment, files an amicus brief supporting West Flagler’s position.

Apart from these legal complexities, the Seminole Tribe’s ambiguous stance adds a layer of intricacy. The tribe’s status as a “necessary party” — a pivotal concept in U.S. law — is under scrutiny. However, tribal sovereignty poses a unique challenge, preventing the Seminoles from being included as a named party in the lawsuit. Florida Attorney General Ashley Moody emphasizes this point, urging the court to dismiss West Flagler’s petition.

As the legal drama unfolds, another dimension emerges at the national level, with a separate suit progressing in the U.S. Supreme Court. Chief Justice John Roberts grants an extension for West Flagler to file its formal petition, allowing the Florida Supreme Court to rule before the case reaches the nation’s highest court. The intricate interplay of tribal sovereignty, constitutional provisions, and legal strategies underscores the complexity of this high-stakes battle over the future of sports betting in Florida.