West Flagler Associates filed late Friday night a motion to stay the mandate of the DC Circuit Court of Appeals in the ongoing Florida sports betting lawsuit.
One legal expert told LSR that West Flagler’s stay motion is expected to be denied.
A denial would set up the possibility for legal FL sports betting to relaunch via the Seminole Tribe of Florida’s Hard Rock Bet app as soon as early next week.
However, it remains unclear whether Hard Rock will do so that quickly.
Supreme Court ask likely next for case
LSR reached out to the Seminole Tribe and West Flagler for comment but has not yet heard back.
Still, West Flagler’s argument that “the panel opinion raises substantial questions of law” sets up the likelihood that they intend to take the case all the way to the Supreme Court.
If that fails, they could go to the state court, under the argument that expanded gambling is in violation of the Florida Constitution.
Latest Florida sports betting motion
West Flagler concluded its motion from attorney Hamish Hume as follows:
“Appellees respectfully request that this Court stay issuance of the mandate pending resolution of Appellees’ anticipated petition for a writ of certiorari with the U.S. Supreme Court. Alternatively, Appellees request that the Court stay the mandate for a sufficient period of time to permit Appellees to apply for a stay of the mandate from the Supreme Court.”
Next step in Florida sports betting suit
If West Flagler does manage to get the stay, it would be in place until the Supreme Court decides whether to take the case or not, though it could be longer if SCOTUS were to vote to hear the case.
The expectation is West Flagler will file a petition with the Supreme Court in their 90-day window that began Sept. 11.
The Seminole Tribe essentially has a monopoly on the Florida sports betting market, facilitated by the 2021 gaming compact that the tribe agreed to with Gov. Ron DeSantis.
No legal sports betting since Dec. 2021
Florida customers have been unable to wager legally in the state since sports betting was suspended on Dec. 4, 2021.
On June 30, a DC Circuit Court of Appeals panel unanimously overturned the District Court decision that blocked FL sports betting.
That could potentially change for Week 3 of the NFL betting season.
