West Flagler Associates filed a supplemental brief Friday with the US Supreme Court in the Florida sports betting case against the Department of the Interior.
The brief comes a week after the Florida Supreme Court denied a petition from West Flagler challenging the state’s gaming compact, including FL sports betting.
The Department of the Interior has until April 12 to file its response to West Flagler in the Florida sports betting case.
Florida sports betting argument
West Flagler explained further in the supplemental brief why SCOTUS should grant its petition:
“Because the Florida Supreme Court denied the writ of quo warranto and because there are currently no pending proceedings in Florida state courts regarding the legality of the Compact, there is no risk that the Petition will be mooted by proceedings in the Florida state courts.
“Thus, this case continues to be the proper vehicle to evaluate the federal questions presented.”
Compact issue in Florida sports betting
The Seminole Tribe of Florida has what amounts to a monopoly on sports betting in the Sunshine State. That stems from a 2021 gaming compact that negotiated with Gov. Ron DeSantis.
According to the brief, the Florida Supreme Court described the compact via the Indian Gaming Regulatory Act as:
“Among other forms of gaming, the compact authorizes mobile sports betting by which participants may place sports wagers via the Seminole Tribe through a mobile device. Participants may be physically located anywhere in Florida when they place a wager, not only on tribal lands. Then, regardless of where the bets are placed, the wagers are ‘deemed’ to occur on tribal lands.”
Brief: DC Circuit differs on compact
However, West Flagler argues, “This factual description conflicts with the D.C. Circuit’s holding that the compact should be ‘interpreted’ as not authorizing any off-reservation gambling.”
If SCOTUS elects to hear the case, it likely would be decided some time in 2025. However, the Supreme Court hears only 70-80 cases annually, or fewer than 2% of the petitions it receives.
Florida sports wagering revenue in ’24
Florida’s share of 2024 revenue from online sports betting has exceeded $120 million thus far.
Online sports betting was relaunched by the Seminole on Nov. 7, 2023, to existing customers.
The tribe debuted in-person sports betting at its six casinos a month later.
