A U.S. District Court of Appeals ruling Thursday appears to have opened a pathway for the Seminole Tribe in Hard Rock Bet platform in the state soon if it wants, but at least two legal analysts say that’s unlikely.
The appellate court in the District of Columbia Circuit denied a request from plaintiffs for a stay that would prevent any chance for now of the platform becoming operational. The Seminoles themselves called the decision a “positive development” but went on to say “it will have no immediate effect on the Seminole Tribe’s plans.” What those plans are remain a mystery to everyone but the tribe.
With two potential legal actions still pending — West Flagler and Associates has made known its plans to file an appeal on the federal level with the U.S. Supreme Court, and on Tuesday it filed against Florida Gov. Ron DeSantis in state Supreme Court — launching Hard Rock Bet anytime soon could be tricky.
“It depends on how risk averse the tribe is, and it appears based on recent history that the reward of a few extra weeks of offering gambling to consumers isn’t worth it,” Florida-based attorney Darren Heitner of Heitner Legal told Sports Handle via email. “The tribe already went down that road of allowing action on a temporary basis and was likely quite frustrated in being required to shut it down after a test run. I don’t think it makes sense to jump the gun here, particularly because West Flagler is very quickly running out of stall tactics.”
Nova Southeastern constitutional law professor Bob Jarvis put it more succinctly: “I don’t think the Seminoles will launch until all the dust settles. It simply makes no sense to gear up just to have to possibly close down again. Besides alienating customers, it’s difficult on one’s workforce.”
Last launch lasted 34 days 5s6yy
The Seminoles did district and appellate courts subsequently demanded the Seminoles take the platform down.
Since then, the rolled out a revamped version of their sports betting platform.
Rather than a single court case over the controversial compact now, there are two. After the appellate court in June ruled in favor of the DOI, attorneys for West Flagler, owner of two Florida parimutuels, have plans to appeal to U.S. Supreme Court. They contend that DOI Secretary Deb Haaland had no right to allow the 2021 compact between the Seminoles and the state of Florida to become “deemed approved.”
West Flagler has asked the Florida Supreme Court to prevent sports betting's relaunch.
I think this effort will fail.
I believe that casino gambling, as used in Amendment 3, should not extend to include sports betting.
The definition of casino gambling in that Florida…
— Darren Heitner (@DarrenHeitner) September 26, 2023
West Flagler also filed with the Florida Supreme Court Tuesday, arguing that DeSantis and the state legislature “exceeded” their power by agreeing to the compact after voters in the state in 2018 ed Amendment 3, which requires that any expansion of gaming go to the voters. West Flagler further argued that the 2021 compact incorrectly interprets the Indian Gaming Regulatory Act by granting what is essentially a sports betting monopoly to the Seminoles, though the compact does allow for costly partnerships between parimutuels and the tribe.
What’s next on the legal front? 1n4l70
Thursday’s denial of a stay by the appellate court, Heitner and Jarvis say, likely will have no bearing on whether or not the U.S. Supreme Court takes the case. It could, however, speed up the timetable in Florida. Traditionally, DeSantis would have 40 days to respond to the filing before the court would consider hearing the case, but Heitner thinks that could change.
“Given that we are approaching the end of the week, I would not be surprised to see the Florida Supreme Court order Governor DeSantis to respond to the petition before close of business on Friday,” he said.
We have us a good ol' fashioned gaming law experts fight!
Is the Florida sports betting compact legal? Law professor Bob Jarvis pokes at @WALLACHLEGAL on this one: https://t.co/H9nl9Z5NTv pic.twitter.com/qZI6syYhLp— US Bets (@US_Bets) July 14, 2023
The court in Florida is made up seven justices, at least five of whom were appointed by DeSantis.
“The majority of the justices in Florida’s highest court were hand-picked by the governor,” Heitner said. “While politics is not supposed to play a role in decision-making, it doesn’t help West Flagler’s cause.”
Jarvis said the Florida court won’t be influenced by the latest federal ruling and there is a possibility that the Florida Supreme Court will kick the case to the Leon County Circuit Court, which West Flagler byed in its filing. He also believes that Thursday’s appellate court decision will have no bearing on how the U.S. Supreme Court will view the case.
As of 2:30 p.m. Thursday, there were no new docket entries for the case on the Florida Supreme Court website. In addition, the case did not come up in a docket search on the U.S. Supreme Court website, though it can take up to three days from when a case is filed until it reaches the docket.
