DC Court potentially clears way for Florida sports betting relaunch amid Supreme Court bid

Florida’s sports betting dispute is likely to hit the in-tray of the US Supreme Court after the DC Court of Appeals denied West Flagler Associates a stay of its ruling in the controversial case.

Issuing a one-page response to the stay petition, the court, while acknowledging a pending writ of certiorari to hear the case at the US Supreme Court, denied West Flagler a stay, a move which opens the door for a relaunch of the Hard Rock Digital sportsbook in Florida.

“Upon consideration of appellees’ motion to stay issuance of the mandate pending the Supreme Court’s disposition of a petition for writ of certiorari or, in the alternative, to stay issuance of the mandate for a reasonable time to permit appellees to seek a stay from the Supreme Court, and the opposition thereto, it is ordered that the motion be denied,” the court wrote in its order.

In June, the DC Court of Appeals ruled in favor of the Seminole Tribe and the US Department of the Interior (DOI) in the case, which centers on the validity of a 30-year tribal gaming compact approved by the state of Florida with the Seminoles and ratified by the DOI in May 2021.

This compact includes the “hub and spoke” model which circumvents state and federal law by allowing bets to be placed on tribal lands, rather than non-tribal land which would be illegal in Florida.

West Flagler is suing to invalidate the compact on claims it is illegal as it contravenes both the Indian Gaming Regulatory Act (IGRA) and the Unlawful Internet Gambling Enforcement Act (UIEGA).

Initially, the court sided with West Flagler, with Florida Judge Dabney L. Friedrich invalidating the compact and ordering the cessation of sports betting by Hard Rock Digital in November 2021, however the Seminole Tribe and DOI successfully challenged this, resulting in the June 2023 ruling.

Despite being denied by the DC Court of Appeals, West Flagler has made no secret that it will seek a review by the US Supreme Court in legal filings relating to the case, in what could be one of the biggest gambling-related cases to be considered by the court since the review of PASPA in May 2018.

That review opened the door for legalized sports betting across the US, and such a broadbase ruling by the court on this tribal-related issue could be similarly landmark in nature.

The court is not usually under any obligation to hear these cases, and often only does so in cases of national significance, or whether its input would clear up any conflicting court decisions, and lastly in cases which could have so-called “precedential” value to the US legal system.

Typically, the US Supreme Court reviews between 100-150 of the 7,000 cases it receives each year, and four of the nine sitting justices must vote to accept the case before it can be reviewed.

However, the Supreme Court petition is not the only legal avenue being explored by West Flagler, with the Florida parimutuel operator joining fellow operator Bonita Fort-Myers Corporation in filing a writ quo warranto asking the Florida Supreme Court to invalidate the 30-year Seminole compact.

The writ names Florida Governor Ron DeSantis and Senate president Kathleen Passidomo as respondents, asserting that the duo exceeded their authority in validating the compact, acting against the Florida constitution.

West Flagler argues instead the issue should have been put to a statewide vote. Under Florida Supreme Court procedures, if the court finds there is a case to be heard, DeSantis and Passidomo have a maximum of 30 days to respond to the initial petition.

A secondary response is then required from West Flagler.