Seminole Tribe Gets Sports Betting Win

In November 2021, the Seminole Indian Tribe in Florida was denied the right to offer sports betting by the U.S. Circuit Court of Appeals for the District of Columbia. The court put a halt to a new compact agreement that was entered into by Tribe officials and Governor Ron Desantis. In the agreement, the Tribe would get the right to offer retail and mobile sports betting access from Indian land.

Not willing to accept the court's decision with so much revenue on the line, the decision was appealed to a federal appeals court. This week, the Federal Appeals Court set aside the district court's ruling, effectively opening the door for reinstatement of the compact signed in 2021.

Basis for the Appeals Court's Decision

It was U.S. District Judge Dabney Friedrich that ruled that the new compact violated the terms of the Federal Indian Gaming Regulatory Act (IRGA). In his opinion, the fact the Seminoles intended to offer mobile sports betting access from servers installed on Tribal land was in direct conflict with the intent of the Federal Indian Gaming Regulatory Act. At issue was the notion that the actual betting would take place off Tribal properties, effectively giving the Seminoles the right to run illegal sports betting operations.

In a 24-page opinion, Federal Appeals Judge Robert Wilkins wrote that the new compact can authorize the Seminoles to offer sports betting access. At the same time, there is nothing in the IRGA that states the Tribe can't oversee operations that take place "outside Indian lands." Joining him in the opinion were Judges Karen Henderson and J. Michelle Childs.

To be clear, questions about whether or not the new compact violates Florida's state constitution would need to be addressed in the state, not through the federal judiciary. If a constitutional amendment needs to be created, Governor Desantis would need to initiate it through the legislature. Generally, the Florida state legislature has been supportive of the Governor's actions.

Will This Decision Go to the Supreme Court?

There is no denying this was a huge win for the Seminole Tribe and the Governor. However, opponents of Indian-controlled sports betting will likely try to push this ruling to the Supreme Court. The primary opponents include a group led by the Magic City Casino in Miami-Dade County and the Bonita Springs Poker Room in Southwest Florida. A Central Florida-based group called "No Casinos" also opposes the ruling.

With the new compact already in place, there is a possibility the Seminole Tribe will try to push for the immediate launch of retail and mobile sports betting through the Tribe's Hard Rock Casino. Since the Tribe initially launched in December 2021 before having to shut down, the sports betting infrastructure is still in place. All they would need to do is get the green light and go into launch mode.

If the opposition does not take this to the Supreme Court, Florida residents could be legally betting on sports by the end of July. That's what 72% of the population wants, and that matters.