SCOTUS Declines Review of Indian Compact Issue In Florida

When West Flagler Associates petitioned the United States Supreme Court (SCOTUS) to review a lower court's ruling regarding the fate of online sports betting in Florida, it was a long shot at best that the SCOTUS would say yes. As was anticipated, the Court will not hear West Flagler's petition, leaving Florida's Seminole Tribe free to continue offering online sports betting access to Florida residents.

As a point of reference, the filing was prompted by the state's Seminole Tribe being granted exclusive rights via a new compact to accept retail and online sports bets in the state. West Flagler's interest in this issue is the company's desire to get a piece of the online sports betting pie in Florida.

Explanation of the SCOTUS' Decision

When West Flagler filed its "writ of certiorari," they knew that 4 of the 9 justices would have to agree to hear the petition. As it turned out, only Justice Brett Kavanaugh was willing to proceed.

While the final ruling went unexplained, it's safe to assume that the SCOTUS wasn't willing to take up the matter because steps were skipped in the process. Those steps would have included going through the U.S. Court of Appeals.

What Transpired Regarding This Issue?

At issue was a new Indian compact signed between the Seminole Tribe and Governor Ron DeSantis in 2021. That compact effectively gave the Seminoles exclusive rights to offer both retail and online sports betting in the state.

West Flagler and other local gambling concerns strongly objected under the guise that allowing online gambling to gamblers not on Indian land was a direct violation of the Indian Gaming Regulatory Act (IGRA). As part of IGRA, Tribes are only permitted to offer gambling access as long as everything is done on Indian land. The Seminoles laid claim that they had complied because the servers were located on Indian land.

West Flagler initially filed a complaint with a lower court that ruled in favor of West Flagler. That prompted US Secretary of Interior Deb Haaland to file an appeal with the United States District Court in DC. That court reversed the lower court's decision, paving the way for the Seminoles to start accepting online sports bets through its Hard Rock Bet platform.

Does West Flagler Have Any Remaining Options?

At this point, the Seminoles are thrilled with what has transpired. According to a statement released by Seminole spokesman Gary Bitner:

“The Seminole Tribe of Florida applauds today’s decision by the US Supreme Court to decline consideration of the case involving the Tribe’s Gaming Compact with the State of Florida. It means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact.”

Is the issue over? There is still an ongoing appeal that West Flagler has filed with the Florida Supreme Court. However, it too is a long shot at best. At this point, this entire process has effectively given Indian Tribes all over the country extra leverage in terms of controlling online sports betting in their respective states.