Florida Sports Betting Delayed by West Flagler Stay Motion

Article ByDavid Weir

September 19, 2023

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Posted in: Florida Gambling News, US Gambling News, US Sports Betting News

The ongoing legal battle to allow Florida online sports betting via the Seminole Tribe of Florida and its Hard Rock Bet brand has taken another significant turn.

Florida casino operator West Flagler Associates, who has been battling against the state of Florida’s gaming contract with the Seminoles, this week filed a motion to stay the most recent mandate of the U.S. Court of Appeals – D.C. Circuit.

After it ruled out a rehearing earlier this month, the Circuit Court was preparing to issue the mandate of its July decision in favor of the Seminoles. That paved the way for a relaunch of Hard Rock bet in Florida, which had previously opened and then closed again last year in November.

However, West Flagler intends to take the case to the Supreme Court. It has asked for a stay — a temporary hold — on the July ruling while it formulates its higher appeal.

Various media outlets quoted legal experts suggesting the Appeals Court will likely deny the motion to stay. But it could also take some time to complete due process on its response. That will delay the launch of Hard Rock Bet in Florida again without considering the possibility of the stay being granted.

Substantial Questions of Law

The D.C. Circuit Court of Appeals had previously ruled on June 30 in favor of the Seminole Tribe, stating that the compact between the tribe and the State of Florida did not violate the Indian Gaming Regulatory Act (IGRA).

This decision effectively reversed a U.S. District Court’s earlier ruling. If not for West Flagler’s recent motion, the Seminole Tribe would have received the green light to restart its online sports betting operations as early as this week.

However, the motion by West Flagler has thrown a spanner in the works, at least temporarily.

The company’s argument hinges on the belief that “the panel opinion raises substantial questions of law.”.

If their appeal to the Supreme Court fails, they could potentially shift their focus to the state court, arguing that the expansion of gambling is in violation of the Florida Constitution.

“Appellees respectfully request that this Court stay issuance of the mandate pending resolution of Appellees’ anticipated petition for a writ of certiorari with the U.S. Supreme Court,” says the motion, filed by lawyer Hamis Hume.

“Alternatively, Appellees request that the Court stay the mandate for a sufficient period of time to permit Appellees to apply for a stay of the mandate from the Supreme Court.”

Could be, Would Be

The Seminole Tribe’s gaming compact signed with Florida Governor Ron DeSantis (R) in 2021 granted them what West Flagler sees as a monopoly over the state’s sports betting market. This agreement has been a point of contention, leading to the current legal disputes.

The DC Circuit Court of Appeals’ unanimous decision to overturn the District Court’s ruling blocking Florida sports betting had given hope to many bettors that the situation would soon change.

If the legal hurdles were cleared, sports betting could have potentially resumed in time for the third week of the football betting season.

However, with West Flagler’s motion and the looming possibility of the case reaching the Supreme Court, the time line for the resumption of legal sports betting in Florida remains uncertain. If the D.C. Circuit or the Supreme Court grants the stay, the legal proceedings could drag on for years, keeping Florida’s sports betting enthusiasts in limbo.

There are also no Florida retail sportsbooks available, so bettors in the Sunshine state currently have to head to nearby Mississippi for retail betting. Or, of course, go to the best online offshore sportsbooks.

Meanwhile, the Seminole’s Hard Rock International brand is still one of the biggest gambling brands in the U.S. During this two-year legal battle, it completely rebranded its Hard Rock Sportsbook to Hard Rock Bet, which is now live in four legal states.