The Supreme Court denied West Flager Associates’ Florida parimutuel in its fight against the Seminole Tribe of Florida.
The decision by the court to not take up the case practically closes the chapter on legal challenges in the matter. Over the last several years, the tribe faced a flurry of litigation on a “hub-and-spoke” model for sports betting throughout the state. West Flagler Associates (WFA) petitioned the court to consider its attempt to invalidate a 2021 compact between the tribe and the State of Florida. The compact grants the tribe exclusivity on mobile sports wagering in the state.
The petition served as West Flagler’s last chance to overturn a decision by the U.S. Circuit Court for the District of Columbia last June. That decision reversed a previous ruling by a federal judge who held that the compact violated the Indian Gaming Regulatory Act (IGRA). Though Justice Brett Kavanaugh voted to grant the petition for a writ of certiorari, Supreme Court procedure requires at least four justices to grant certiorari in order to take up a case. Justice Ketanji Brown Jackson took no part in the consideration of the petition, according to the Court.
On the state level, the Florida Supreme Court denied WFA’s petition in March to deem the compact unconstitutional. There, the parimutuel argued that the state’s executive and legislative branches abused their authority. Though West Flagler still has options in state court, the parimutuel has practically exhausted every opportunity to challenge the compact.
At present, the tribe maintains a virtual monopoly on sports betting in Florida. The hub-and-spoke model enables Floridians to place online sports wagers anywhere inside the state through mobile servers located on tribal land.
Given the vast implications nationwide, the case has been closely watched by legal experts in the gambling industry. The decision on Monday could open the floodgates for other states to adopt the model.
Shortly after Monday’s decision, the Seminole Tribe issued a statement reading: “The Seminole Tribe of Florida applauds today’s decision by the U.S. Supreme Court to decline consideration of the case involving the Tribe’s Gaming Compact with the State of Florida. It means of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact.”
This is a developing story, more to come
