On Friday, Florida’s Supreme Court ordered Governor Ron DeSantis, the defendant in Hard Rock Bet platform in the Sunshine State.
West Flagler and Associates is comprised of two Florida parimutuels, the Magic City Casino and Bonita Springs Poker Room, as well as WFA owner Isadore Havernick.
On Sept. 26, WFA legal sports betting in the state.
WFA on Friday also filed a Notice of Constitutional Question, which crystallizes the heart of its lawsuit by asking if DeSantis and the legislature overstepped their power because “they do not meet the exception to Article X, Section 30 of the Florida Constitution with respect to ‘gaming on tribal lands,'” as outlined in the Indian Gaming Regulatory Act.
Florida AG could choose to lawsuit 2g3i3j
Neither the order to respond nor the notice of the constitutional question materially change when the Seminoles could launch their platform.
On Sept. 28, the U.S. District Court of Appeals for the District of Columbia Circuit June 30 found in favor of the defendant, overturning a lower court ruling. The September denial means that the the compact — at least for now — is in effect, but in addition to filing in state court, WFA has plans to file with the U.S. Supreme Court.
Legal experts previously told Sports Handle that they did not expect the Seminoles to launch in the near future. A Seminole spokesman said the appellate court decision “will have no immediate effect on the Seminole Tribe’s plans,” but declined to share what those plans are.
WFA asked the Florida Supreme Court to temporarily suspend the Seminoles’ right to launch their platform, but the court has not ruled on that question. The parimutuels also plan to ask the U.S. Supreme Court to prevent the Seminoles from going live online when they file their case with that court.
The filing of the Notice of Constitutional Question is a procedural step when a party raises a question about a constitutional challenge to state law, Nova Southeastern Constitutional Law Professor Bob Jarvis told Sports Handle. The filing means that the state attorney general can choose to the lawsuit.
