Florida gambling compact unlikely to face opposition in SCOTUS

The federal government has urged the US Supreme Court to not stop the Seminole Tribe of Florida from enacting its legal rights under a negotiated gambling compact between the state’s administration, represented by the governor, and Seminole Tribe of Florida Chairman Marcellus Osceola Jr. Although it has been more than two years since the compact was signed, the Seminole Tribe of Florida has not been able to make full use of it, and the legal challenges and precariousness continue to mount.

The Seminole Tribe of Florida and Gov. Ron DeSantis did not exactly see eye-to-eye, but through skilful negotiation the two parties came to a historic consensus in 2021, signing a $2.5bn gambling compact that would allow the tribe to also offer sports betting and even extend their offer to online betting state-wide.

This triggered an immediate response from those who arguably had the most to lose, with pari-mutuel companies filing a lawsuit that was dismissed by US District Judge Allen Winsor in October 2021. Pari-mutuel companies have continued to seek and block the gambling compact ever since.

In fact, the Hard Rock Sportsbook even briefly launched its mobile app, but was discontinued after another judge, US District Judge Dabney Friedrich, sided with the pari-mutuel companies as part of another lawsuit in November 2021.

Judge Friedrich’s decision caused a significant impasse and blocked any development in the case until this summer, more than a year and a half after the ruling, whereby the US Circuit Court of Appeals for the District of Columbia once again sided with the state and the tribe, giving high hopes to the defendants and sports fans that they may soon be able to host and place mobile wagers in The Sunshine State.

The case has finally made it to the US Supreme Court and Chief Justice John Roberts, who is the highest-ranking member of the judiciary, who did not give any reasons but issued a stay request on exacting the appeals court's decision after he was petitioned by the plaintiffs, West Flagler Associates and Bonita-Fort Myers Corp, as they prepare to ask the Supreme Court to contest the appeals court ruling.

He then asked US Solicitor General Elizabeth Prelogar, and the Department of the Interior, which she represents, to look into the matter and issue a statement. Prelogar concluded that it was unlikely that the Supreme Court would seek to challenge the appeals court ruling.

The crux of the case revolves around the correct interpretation of a seminal piece of legislation, to wit Indian Gaming Regulatory Act, which pari-mutuel businesses contend has been broken under the terms of the 2021 Tribal Compact.

Prelogar has explained that from the point of the Department of the Interior, the compact did not breach any laws, and suggested that the Supreme Court is unlikely to follow through with the companies’ request. She similarly noted that Florida is free to decide whether the compact indeed breaches state laws, a matter that Prelogar said ought to be settled by the State Supreme Court.

Image credit: Unsplash.com