The United States Supreme Court will presumptively regulate the ultimate fate of the Seminole Tribe’s Class III gaming stocky that it struck with Florida Gov. Ron DeSantis (R) inwards 2021.
The Everglade State Supreme Court on Th dismissed a petition brought past Rebecca West Flager Associates and Bonita-Fort Myers Corporation that challenged the constitutionality of allowing a folk to take sports bets via the internet.
The petitioners claimed the 2021 compact, which, along with retail and online sports betting privileges for the tribe, to boot included rights to craps and line roulette inside the Seminoles’ land-based casinos, violated a 2018 amendment to the Florida Constitution. Amendment 3, passed with over 70% support, says Everglade State voters “have the scoop compensate to make up one's mind whether to pass gambling casino gambling.”
In dismissing the petition, the Everglade State Supreme Court explained that Benjamin West Flager/Bonita-Fort Myers Corp. filed the wrong typewrite of petition to take exception the compact.
Framed as it is, the petition presents nothing other than a take exception to the substantive constitutionality of the law of nature ratifying the compact,” the state’s highest judicature wrote. “But quo warranto is not, and has ne'er been, the proper vehicle to obtain declaration as to the substantive constitutionality of an enacted law.
“For that reason, we abnegate the petition because the succour that Petitioners seek is beyond what the judicial writ of quo warranto provides,” the decision continued.
The ruling, however, opens the door for Mae West Flager/Bonita-Fort Myers to refile the challenge inward Leon County Circuit Court, noted gaming attorney Book of Daniel Wallach tweeted on X.
Federal Lawsuit Ongoing
West Flager and Bonita-Fort Myers own the Bonita Springs Poker Room located between Napoli and Fort Myers. The group antecedently owned the Magic City Casino inwards Miami.
In a federal lawsuit against the US Department of the Interior, which approved the 2021 Seminole compact, western United States Flager/Bonita-Fort Myers alleges that DeSantis and the Everglade State Legislature violated the Indian Gaming Regulatory Act (IGRA). The federal law requires that Class III gaming control only if on a tribe’s sovereign land.
State and tribal attorneys say the compact doesn’t since the online sportsbook servers remain on Seminole territory.
A federal appeals court for the District of Columbia in conclusion fall refused to throw an “en banc” hearing including all 11 judges. The electrical circuit lawcourt shoemaker's last August ruled against western United States Flager/Bonita-Fort Myers’ assertions that the Sunshine State compact with the Seminoles violates IGRA.
The typesetter's case has since been appealed to the US Supreme Court. There’s no more word on when the highest homage inward the country mightiness decide whether to live with the case, but if it doesn’t, West Flager/Bonita-Fort Myers’ legal options would be close exhaustion. The possible say typesetter's case inward Leon County would be a utmost resort.
Far-Reaching Implications
The Seminoles’ online sports betting trading operations in FL returned in November. People cured 21 and older canful currently property a wager from anywhere interior the Sunshine State through and through the Hard Rock Bet online sportsbook.
If the Seminoles prevail inward their legal defence that they aren’t violating the IGRA by maintaining the online sportsbook servers on tribal land, the consequences could live far-reaching.
Legal experts say such an outcome could resultant inwards tribes crossways the state possessing Class III gaming compacts to begin taking sports bets o'er the internet. Many tribes mightiness also determine they are de jure allowed to operate iGaming.