Daily Archives: May 20, 2021

Sports Betting in Florida via Seminole Compact to be Challenged in Court upon Passage, but can a Challenge Survive the Politics of the Deal?

Casino Watch Focus has reported on the efforts to pass a new Seminole gambling compact in Florida and on the various attempts to legalize sports betting.  Now, the new Seminole compact has become the avenue for sports betting and if ratified by the Florida legislature in a special session, would become legal in the state.  Should that happen, legal challenges are essentially guaranteed.  The issue at hand is that sports betting would not simply be offered on Seminole property, which could be argued isn’t Florida proper and thus not under the recently passed Amendment 3 which requires all new gambling to be approved by a vote of the people, but instead all over the state via mobile gambling.  At that point it’s fairly clear that the gambling is happening in Florida and thus subject to a vote of the people prior to becoming low.  As previously explained, the State believes that because the servers for the mobile gambling are on tribal lands, its not in Florida.  However, as previously reported, a federal lawsuit regarding a similar issue in California concluded that gambling must be legal both where it originates and where the person gambling is located.  No Casinos, who released an ad campaign reminding everyone of the law, outlines why they plan to bring a legal challenge and why its argument is backed by various laws.  An online source explains:

No Casinos argues the arrangement runs counter to a couple of federal laws.

The Federal Wire Act holds, Sowinski said, “that a telephonic or electronic or online transaction of any sort occurs in two places: the place where the person originating the transaction is and the place where the person receiving the transaction is. It has to be legal in both of those places in order to be a legal transaction. That includes gambling, as well.”

Meanwhile, the Indian Gaming Regulatory Act holds that tribes can’t offer games not otherwise legal within a state. The compact would legalize sports betting on the Seminole land, Sowinski acknowledged, but he insisted allowing play statewide implicates Amendment 3 and would require a statewide referendum.

“The Legislature doesn’t have the authority to authorize that today within the state, and therefore, according to federal law, they can’t negotiate to put that on the tribal land,” Sowinski said.

The concern, of course, is that the language that allows for negotiations of a gambling compact in the first place, supersedes the provisions in those particular laws.  If that part of the argument does produce a court ruling that pushes that provision to the people for a vote, it’s believed that the case would be appealed, and then the local and national politics of the deal come into play.  If that’s the case, the federal precedent established in the federal case in CA requiring that the gambling in question must take place where both parties have the legal ability to do so, might not be much help in the end.  The source concludes:

Even if a trial judge buys the No Casino argument, the state could appeal to the U.S. Court of Appeals for the 11th Circuit, which is packed with Donald Trump appointees (including two DeSantis had earlier placed on the Florida Supreme Court but whom Trump promoted), will certainly overrule, Jarvis predicted.

“And the U.S. Supreme Court, of course, is a Trump-appointed court. Trump has made it clear that he wants this deal. DeSantis has made it clear that he wants this deal.”

Federal agencies too, including the Department of the Interior (DOI), headed by Native American Deb Haaland, and its Bureau of Indian Affairs (BIA) and National Indian Gaming Commission (NIGC), also are going to accept the deal, he predicts.

The California case set federal precedent and the newly passed Florida Amendment 3 to the constitution shows clear intent by the voters to want to approve new gambling in the state, which would clearly include mobile sports betting.  Most believe the compact will get ratified, so time will tell how the legal challenges will shake out.  

For more information on the dangers of gambling, please visit CASINO WATCH & CASINO WATCH FOUNDATION