West Flagler Files Petition to Stop Florida Sports Betting

• West Flagler Associates filed a stay application with the Supreme Court of the United States while they petition to review the Florida sports betting case.
• They must file their petition for writ of certiorari (petition to review case) by Nov. 20.
• The Seminole Tribe would be clear to relaunch sports betting if SCOTUS denies the petition.

TALLAHASSEE, Fla. – West Flagler Associates took their challenge of the Florida Gaming Compact to the Supreme Court of the United States (SCOTUS). The owners of Bonita Springs Poker Room and Magic City Casino filed a stay application with SCOTUS regarding the sports betting mandate issued by the DC Circuit US Court of Appeals.

The latest move in Florida’s legal sports betting battle is a pivotal one. So much so that it greatly affects the projected relaunch of Florida sports betting.

BREAKING: West Flagler has filed an application with #SCOTUS to recall and stay the D.C. Circuit’s mandate in the Florida sports betting appeal pending disposition of West Flagler’s petition for writ of certiorari, which it commits to filing within 45 days (by Nov. 20th). pic.twitter.com/fa7CpNVgoM

— Daniel Wallach (@WALLACHLEGAL) October 12, 2023

Gaming law expert Daniel Wallach broke the news on Thursday morning. West Flagler is challenging the mandate that reaffirmed the Florida Gaming Compact between the state and the Seminole Tribe.

When Will Florida Have Sports Betting?

West Flagler is buying time by requesting a stay while they pursue a writ of certiorari. In simpler terms, West Flagler wants to ensure the Seminoles can’t relaunch sports betting while they petition for SCOTUS to review the case.

It’s a high risk, high reward situation for West Flagler. It could lead to a relaunch of legal Florida sports betting if SCOTUS denies their petition. On the other hand, a granted stay with SCOTUS would delay Florida sports betting at least until 2024.

Granting West Flagler’s petition to review the sports betting case would further delay Florida sports betting into 2025. Everyone is eager to know if SCOTUS will grant or deny West Flagler’s petition to review the case.

Will The Supreme Court Grant The Petition?

In order to have their petition granted, West Flagler raises three “questions of exceptional importance.”

• Does the Indian Regulatory Act (IGRA) authorize federal government to approve a state’s compact allowing gaming activities off tribal land?
• When an Indian tribe uses the internet to offer gambling outside of tribal lands, is that a violation of the Unlawful Internet Gaming Enforcement Act (UIGEA)?
• Is an IGRA compact that grants one tribe an online sports betting monopoly in violation of the Equal Protection Clause of the Constitution?

Their main case is an inconsistent argument with the IRGA applying to gaming off tribal lands. The DC Circuit ruled it does apply, while four other circuit courts ruled it doesn’t in previous cases such as Michigan v. Bay Mills Indian Community from 2014.

When Will A Florida Sports Betting Decision Be Made?

The decision from the US Supreme Court shouldn’t take long. West Flagler filed the petition on Oct. 6 and should receive a decision within one to three weeks based on similar filings.

With this case having such a big impact on the future of legal sports betting, it’s likely SCOTUS makes their decision to deny or grant stay before November. Granting stay greatly improves the chances of SCOTUS hearing the case.

News tags: Daniel Wallach | Florida | Hard Rock | Hard Rock Bet | Ron DeSantis | Seminole Tribe | West Flagler Associates