The Seminole Tribe’s Florida sports betting monopoly will last until 2051 after the US Supreme Court denied a petition challenging the compact.
The court order marks an end to West Flagler Associate’s years-long litigation in federal courts challenging Florida’s gaming compact with the Seminoles.
Included in the court’s 9:30am ET order list, the order said West Flagler’s petition for a writ of certiorari was denied.
This is a formal petition to review a lower court’s ruling and would have seen the nine justices review the District of Columbia Circuit’s June 2023 ruling if it had been approved.
The order said Justice Kavanaugh would have granted the petition, however it seems he was the lone voice in favour.
Critics of the compact had previously pinned their hopes on Kavanaugh’s past statement that the compact “would likely violate” the Indian Gaming Regulatory Act (IGRA) if it authorised off-reservation betting.
A spokesperson from the Seminoles told NEXT.io: “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.
“It means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the compact.”
End of the road?
As previously outlined by gaming attorney Daniel Wallach, the decision is not necessarily the end of all litigation challenging the compact.
He highlighted West Flagler would have the option of challenging the compact under the Equal Protections Clause of the 14th Amendment in Florida District Court.
This would see the parimutuel betting operator argue that granting an economic monopoly to an Indian tribe is unconstitutional.
The other option would be to lodge a challenge in the Florida state courts, highlighting the state constitution’s ban on “casino gambling” without voter approval in a referendum.
This route was left open by the Florida Supreme Court when it denied a previous challenge on these grounds.
The final potential option would be to challenge in federal court the Department of the Interior’s rule published in February which permits Florida-style gaming compacts.
Wallach also highlighted on X, with the West Flagler’s petition denied, a gaming compact may be the best route for Californian tribes aiming to legalise online sports betting.
The 30-year compact dates from 2021 when it was approved by Florida governor Ron DeSantis after negotiations with the tribe.
The “hub-and-spoke” compact saw of-reservation bets wired through tribal severs to satisfy the Indian land requirements of the IGRA.
After a brief launch, the Seminole’s Hard Rock brand went offline in December 2021 after a District of Columbia judge ruled the compact invalid.
However, the tribe was victorious on appeal, with a three-judge panel clearing the compact in June 2023 from federal objections.
Hard Rock Bet ultimately went live for all adult Florida residents in December 2023.
