Seminole Tribe’s Compact in Florida Awaits Legal Decision

The future of online sports gaming in Florida hangs in the balance, as the South Florida company, West Flagler Associates, aims for a rehearing of its case against the Seminole Tribe’s compact.

On Monday, West Flagler Associates made their move, filing for an en banc rehearing with the DC Circuit Court of Appeals. En banc hearings are rare occasions where a case is reviewed by a majority of active-service judges, rather than just a three-judge pan.

Earlier in June, the court decided in favor of the U.S. Department of the Interior, asserting that it properly permitted the Seminole Tribe to strike a compact with Florida in 2021. This agreement could greenlight online gaming in the state, on the condition that the betting servers reside on tribal territories.

But West Flagler Associates is fighting back, arguing that this compact goes against the Indian Gaming Regulatory Act (IGRA). They believe the court’s June ruling could lead to “confusion,” making a rehearing necessary. They stated, “As shown by both the plain text of this provision and the overall legislative purpose of IGRA, this provision cannot reasonably be read to allow IGRA compacts to contain provisions that on their face seek to authorize gaming activities off of Indian lands.”

Gaming law expert, Attorney Daniel Wallach, earlier predicted West Flagler Associates might escalate the issue to the U.S. Supreme Court if needed. Wallach highlighted the significance of the case, stating, “Now we have one and we have an issue that is of great importance to the gambling industry, not only in Florida, but this is a decision that can alter the balance of power and impact tribes and non-tribal gaming operators in virtually every state.”

With the football season looming, Florida’s avid fans are eager to learn if they’ll have the opportunity to bet on their teams. The Hard Rock sportsbook, Hard Rock Bet, which was greenlit in 2021, faced opposition and legal challenges from various entities, including West Flagler Associates, known popularly as Magic City Casino. Although they secured a victory in their initial lawsuit, an appeals court in Washington, D.C., overruled that decision in June.

August 15 marks a pivotal day for West Flagler Associates and other associated parties to file for a federal court appeal rehearing. Without it, the path to resuming online sports gambling seems unobstructed. Yet, as Wallach points out, “This issue will continue to surface – even after this case concludes.”