The U.S. federal government is arguing there is no need for a do-over in a decision connected to legal sports betting in the Sunshine State.
Two Florida casinos are seeking a rehearing “en banc” — meaning the full slate of judges for the U.S. Court of Appeals for the D.C. Circuit would consider the case — of a June decision that essentially reinstated a 2021 gaming compact between Florida and the state’s Seminole Tribe.
That compact handed the Seminole and their Hard Rock Bet brand a legal monopoly for sports betting in Florida, but a lower court struck down the agreement in late 2021 and Hard Rock stopped taking action in the state.
The compact's restoration earlier this year triggered a petition by the casinos to rehear the case with a full complement of judges, which the federal government now argues is unnecessary.
In its response, the Interior Department alleges the owners of Magic City Casino and Bonita Springs Poker Room are offering "strawmen” arguments that wrongly claim the federal government’s approval of the compact in 2021 purports “to unilaterally legalize the placement” of sports bets off Seminole land.
“But, as [casino owner] West Flagler acknowledges, the panel held in no uncertain terms that the Compact does not do that,” Thursday’s response reads. “And the panel did so while making scrupulously clear that neither its opinion nor the Secretary’s approval prevents West Flagler from challenging the relevant State law in Florida’s courts. Rehearing is unwarranted.”
The U.S. Department of the Interior is pretty blunt in response to a petition for a rehearing, en banc, of the big Florida sports betting case. In short, the feds say it's not necessary. Legal sports betting remains in limbo in Florida until all this is sorted, however. pic.twitter.com/NA6vC8ftPM
— Geoff Zochodne (@GeoffZochodne) August 31, 2023
It’s the latest twist in the long-running legal drama that will ultimately decide the fate of Florida sports betting for the foreseeable future. And, in the end, either the Seminole monopoly will prevail, or there will still be no legal sports betting in the state.
For now, though, there are no state-authorized sports betting sites in Florida, one of the biggest untapped markets in the U.S. That also means residents face the prospect of another NFL season with no legal sportsbooks in their state. Even if the appeals court swats away the latest attempt to relitigate the matter, it’s unclear when, actually, Hard Rock could relaunch in Florida and start taking action.
Tell it to the judge(s)?
Another appeal attempt is possible as well, but first West Flagler’s petition for a rehearing en banc at the appeals court level must be addressed. While the case revolves around a compact between the state of Florida and its Seminole Tribe, it hinges on the federal government’s approval of the compact and its online sports betting provisions, which the casinos ultimately want thrown out again.
“West Flagler’s petition asserts that the case presents questions of exceptional importance because the panel opinion allegedly gives the [Interior] Secretary power to authorize a State regime for gaming outside Indian land that West Flagler believes violates the Florida constitution and equal-protection principles,” Thursday’s response from the feds states. “But that is not what the panel said or meant. To the contrary, the panel was explicit that it read the Compact — and, as a matter of law, had to read the Compact — to delineate what activities the Tribe may take on Indian land and what responsibilities the Tribe has for regulating activities occurring outside Indian land, understanding that the ultimate validity of the latter activities is a question of State law to be decided by State courts.”
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