DC Circuit Court Denies West Flagler Stay in Florida

At this point, West Flagler is running out of options in the company's quest to stop Florida's Seminole Tribe from getting exclusive rights to control sports betting in the state.

West Flagler's quest was dealt yet another blow on September 28, 2023, when the DC Circuit Court decided they would not issue a stay against the Court's own previous ruling regarding them backing the issuance of a new compact between the state of Florida and the Seminoles. By not the court not issuing a stay, the Tribe could move forward and start immediately offering both retail and online sports betting services.

In an interesting twist, Tribe leadership still has its foot on the brakes. They are not moving forward with sports betting reportedly because there are still too many questions that need to be answered. Until the questions have been cleared up, they prefer to proceed with caution in order to prevent a second false start related to sports betting activities.

It's noteworthy that attorneys for West Flagler also asked the Court to delay announcing its decision to give the company time to file an appeal with the U.S. Supreme Court. That request was also denied.

In an issued statement to the press, Seminole spokesperson Gary Bitner stated:

“It’s another positive development, but it will have no immediate effect on the Seminole Tribe’s plans.”

Where Does West Flagler Go From Here?

As owner/operator of Flagler Dog Track and card rooms throughout Florida, West Flagler has a vested interest in the state's gambling industry. Company officials are aware of how big the Florida sports betting pie is going to be, and they want a piece of that pie. They won't get that as long as the Seminoles hold exclusive rights to control such activities.

As a reminder, those exclusive rights were effectively solidified when Florida Governor Ron DeSantis affixed his signature to a new Seminole Indian compact in 2021. Both parties proceeded under the belief that the new compact did not violate the spirit of the Indian Gaming Regulatory Act of 1988 (IGRA), nor did they believe the signing would violate Florida's state constitution.

It is West Flagler's contention that the new compact does violate the IGRA, which is why they are preparing to take their case to the U.S. Supreme Court. At the same time, the company has also filed a constitutional challenge with the Florida Supreme Court. That gives the company two final opportunities to stop the Seminoles from taking sports bets.

What West Flagler really wants is to have an initiative put before Florida voters. If Florida votes what the Seminole's Hard Rock Cafe Casino controlling the state's sports betting activities, so be it. What the company wants to "gamble" on is its belief that Florida voters would prefer sports betting to be evenly distributed between the Tribes and commercial gambling providers like West Flagler.

For now, Seminole leaders are happy to wait until everything plays out as it should. Then, and only then, will they open up their sports betting windows.