On Monday (17 June) morning, the US Supreme Court denied the writ of certiorari in the Florida sports betting case filed by West Flagler and Associates (WFA).
This decision allows digital sports betting to remain active in Florida. WFA might still pursue the case through the Florida state court system.
In March, the Florida Supreme Court declined to hear WFA’s quo warranto bid, deeming it the wrong “vehicle” for the case, but left the option to re-file in a lower court.
Initially filed in federal court in late 2021, WFA has now exhausted all federal avenues.
“The Seminole tribe of Florida applauds today’s decision by the US Supreme Court to decline consideration of the case involving the tribe’s gaming compact with the state of Florida,” tribal spokesman Gary Bitner said.
“It means members of the Seminole tribe and all Floridians can count on a bright future made possible by the compact.”
Under the compact, the Seminoles must pay Florida $2.5 billion annually for the first five years of the 30-year agreement.
This decision validates a compact supporting a hub-and-spoke wagering model, potentially influencing other tribes.
WFA contends the compact stretches the bounds of the Indian Gaming Regulatory Act (IGRA) by allowing off-reservation bets.
“This may close one door, but still leaves open several that are already open and a host of others that could open,” gambling consultant Brendan Bussmann of BGlobal told iGB.
Justice Brett Kavanaugh was in favor of hearing the case.
Previously, Kavanaugh wrote that if the compact allowed off-reservation gaming, it would likely violate the IGRA, as explained by the District Court.
WFA sought SCOTUS answers on whether IGRA permits the compact, whether it violates the Unlawful Internet Gambling Enforcement Act, and if US Department of the Interior Secretary Deb Haaland violated equal protection principles by approving the compact.
WFA claims Haaland’s approval gave the Seminoles a monopoly, causing competitive injury to others.
The Seminoles relaunched their Hard Rock Bet platform in November 2023, following a court mandate to shut it down in 2021.
The appellate court overturned the lower court’s ruling in June 2023, but Kavanaugh’s opinion opened the door for WFA to file with SCOTUS and the Florida Supreme Court.
Different issues are in question at the state level, including whether Governor Ron DeSantis and the legislature abused their power and whether the state violated Amendment 3, which requires voter approval for gaming expansion.
The 2021 compact almost prohibits commercial operators from doing business in Florida without partnering with the Seminoles, requiring them to pay 60% of their revenue to the tribe, a higher rate than any other state.
“Today’s decision does not prevent Florida’s card rooms from pursuing their challenge that the compact violates Florida’s Proposition 3,” tribal attorney Scott Crowell told iGB.
He added that an adverse judgment could be resolved by a state-wide election on a compact that benefits Florida’s treasury.