Court Denial Could Clear the Way for Florida Sports Betting

• West Flagler Associates requested the D.C. Circuit to stay their Florida sports betting with intentions of bringing it to the Supreme Court of the United States.
• If denied, the mandate would go into effect on Monday and the Seminole Tribe could launch legal online sports betting in Florida.
• Expectations have the proposed stay motions denied.

TALLAHASSEE, Fla. – Legal Florida sports betting hangs on another court decision after West Flagler Associates requested to hear their case with the Supreme Court of the United States (SCOTUS) on Friday.

The D.C. Circuit Court now will decide whether to grant a stay to the mandate that restored a legal sports betting compact in Florida. If granted a stay, although it’s unlikely, legal Florida sports betting will be further delayed.

However, if denied for a stay, the Seminole Tribe could launch legal Florida sports betting immediately. The court’s mandate is set to go into effect Monday, but the request to stay the mandate altered the schedule.

Background on Florida Sports Betting Battle

West Flagler Associates, the owners of Magic City Casino and Bonita Springs Poker Room, originally challenged the 2021 gaming compact between the Seminole Tribe and the state of Florida. After having legal sports betting for 34 days, U.S. District Court Judge Dabney L. Friedrich declared the compact violated the Indian Gaming Regulatory Act suspending the app.

On June 30 of 2023, that decision was unanimously overturned, causing West Flagler to challenge the decision in court.

After many hearings and rehearing requests, West Flagler’s final options are motions for stay to the D.C. Circuit and the SCOTUS. Gaming law attorney and legal expert Daniel Wallach believes the D.C. Circuit will quickly deny but SCOTUS will hear West Flagler out.

Odds In Favor of Legal Sports Betting Returning to Florida

The odds are against West Flagler being able to persuade the D.C. Circuit to stay its mandate. To merit a stay, it would have to show that the SCOTUS petition would present a “substantial question” and there is “good cause” for a stay.

That’s a high burden. Here’s why: pic.twitter.com/On0WSqdcY2

— Daniel Wallach (@WALLACHLEGAL) September 16, 2023

A stay denial by the D.C. Courts is probable and another small win for legal Florida sports betting, but doesn’t signal an end to the issue. SCOTUS is the decisive battle in which a national perspective applies regarding how the outcome of this mandate would affect other tribal states.

If a stay in the Supreme Court is not granted, Hard Rock could launch sports betting as soon as the decision gets announced.

News tags: Daniel Wallach | Florida | Hard Rock | Hard Rock Bet | West Flagler Associates