Florida’s Sports Betting Dispute: Defines Server Based Question

The continuing legal dispute in Florida over sports betting has two companies challenging the Seminole Tribe over the activity. West Flagler Associates and Bonita-Fort Myers Corp. have filed a lawsuit claiming that the arrangement giving the Seminole Tribe authority over wagers placed anywhere in the state is not real. The validity of the 2021 compact under federal law is at stake, increasing the need to determine the legality of off-reservation sports betting.

The companies argue that the compact violates a 2018 constitutional amendment that requires voter approval for expansions of casino-style gambling. They want the state Supreme Court to review the situation. Isadore Havenick, one of the owners of the companies, is also a plaintiff in the case.

The compact, signed by Governor Ron DeSantis and Seminole Tribe Chairman Marcellus Osceola, Jr. in 2021 and later approved by state lawmakers, allows the Seminoles to accept sports wagers from mobile devices anywhere in Florida via servers on tribal land. However, the lawsuit claims that DeSantis and lawmakers tried to avoid the need for a statewide vote by saying the sports-betting plan is on tribal land.

This legal battle could cause further delays in online sports betting in Florida. If the court does not grant the petition, the challenge argues that off-reservation in-person and mobile sports betting will be implemented without voter approval. This raises concerns about expanding casino gambling without enough democratic oversight.

The lawsuit accuses DeSantis and the Legislature of going beyond their authority by allowing sports betting off tribal land without voter approval. It says that the constitutional amendment gives exclusive authority to Florida voters to decide on new gambling. However, the court’s decision does not resolve whether the compact violates the Florida constitutional amendment.

Initially, U.S. District Judge Dabney Friedrich ruled against the compact in 2021. However, the U.S. Circuit Court of Appeals for the District of Columbia overturned the ruling, saying that whether it is legal for a patron to place bets from non-tribal land within Florida is a question for the state’s courts. In a decision on June 30, a federal appeals court panel emphasized that state courts should address questions about the compact’s compliance with the Florida constitutional amendment.

Attorney Daniel Wallach believes that there is a greater than 50 percent chance that the Seminole Tribe will eventually be able to offer online sports betting. However, the outcome of the legal proceedings could also set a precedent for expanded gaming outside of Indian lands.

Along with challenging the compact in state courts, the companies are seeking a review by the U.S. Supreme Court, claiming a violation of the federal Indian Gaming Regulatory Act. The lawsuit argues that the federal appellate rulings have created an “urgent” situation that requires a state Supreme Court review. The Seminoles briefly introduced the Hard Rock SportsBook mobile app but stopped accepting wagers and deposits after Friedrich’s ruling.

While the Seminole Tribe and the state celebrate a significant victory with the federal appeals court decision, concerns about whether the compact violates the Florida constitutional amendment remain unresolved and subject to the consideration of state courts. The amendment does have an exception for gambling on tribal lands, but the challenge raises concerns about expanding casino gambling without proper voter approval.

The outcome of this legal battle will not only determine the future of off-reservation sports betting in Florida but could also have broader implications for gaming regulations and the balance of power between tribes and state authorities. As the case unfolds, all eyes will be on the state Supreme Court’s review and the potential impact on the future of gambling in Florida.

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Florida’s Sports Betting Dispute: Defines Server Based Question
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