West Flagler Associates’ stay motion was denied Thursday by the DC Circuit Court of Appeals in the federal arm of the ongoing Florida sports betting battle.
West Flagler, following the widely anticipated appellate decision, is now expected to seek an emergency injunction with the Supreme Court.
It remains unclear when legalized Florida sports betting will return to the Sunshine State. West Flagler also opened up a State Supreme Court case earlier this week.
Florida sports betting state court case
The Seminole Tribe of Florida could choose to wait to see what happens with all court proceedings before relaunching its Hard Rock Bet app, so as to avoid another shutdown as in 2021.
On Tuesday, West Flagler filed a petition with the State Supreme Court.
It states that Gov. Ron DeSantis exceeded his authority by “granting the Tribe the exclusive right to offer off-reservation online and in-person sports betting throughout the entire state and by signing legislation ratifying the 2021 Compact and making such wagers legal statewide.”
The group argues that because of the 2018 constitutional amendment that requires gaming expansion to be approved by voters, any expansion that takes place outside of tribal lands requires the approval of 60% of voters.
Legal wagering return delayed longer
State entities have 40 days to file a response. Therefore, DeSantis or legislative officials do not have to respond on the matter until November.
The expectation is West Flagler will file a Supreme Court petition in their 90-day window which began on Sept. 11.