When you say soon are you talking about on the 2024 ballot, or are the Seminoles going to win their appeal that’s in federal court now?
Federal Government Supporting DeSantis and Seminole Tribe
The battle for sports betting in Florida in 2023 may include the federal government. Governor DeSantis may not agree with Joe Biden on much, but they are on the same page when it comes to passing a sports betting bill in Florida.
The federal government is pushing for legal sports betting in Florida this year. In a statement, federal lawyers from the federal government asked an appeals court in mid-December of 2022 to restore sports betting.
Florida Sports Betting Currently In The U.S. Court of Appeals
The U.S. Court of Appeals — which is comprised of a three-judge panel — is currently listening to arguments from the Department of Interior, the State of Florida, and the Seminole Tribe of Florida.
West Flagler Associates — the owners of Magic City Casino and Bonita Springs Poker Room — is back in court to try to successfully argue that the compact is in violation of the IGRA.
That is essentially the argument in any appeals case. The Court of Appeals is not for arguing about the merits of the case. It is primarily used for finding errors that the district judge may have made.
Representation for West Flager Associates in the U.S. Court of Appeals noted that the agreement between the Seminole Tribe and state can be legalized if gambling activities are only on tribe-owned lands.
They also stated that the federal government is attempting to have it both ways by suggesting the ruling from the lowers courts should be thrown out. In other words, the federal government had in their briefs that IRGA cannot approve gambling off of Indian lands.
Florida Sports Betting in 2023
It is all going to come down to the battle in the U.S. Court of Appeals. Things are heating up between West Flagler Associates against the state and Seminole Tribe. It feels like with each passing day, the relationship continues to become worse.
What it comes down to for West Flagler Associates is that they wish to participate in the legal sports betting industry, as well. Allowing the $2.5 billion compact to go through would prohibit them from booking sports betting odds. Everyone wants a piece of the sports betting pie at the table.
If the Court of Appeals finds that the lower courts were correct and no errors were made, then we are back at the beginning. The state and Seminole Tribe must concede. The $2.5 billion deal will be history.
Florida sports bettors should not fret, at least if they have patience. This would only mean a new Florida sports betting initiative has to be drawn up. The state will draft another bill, this time likely having to other sports betting operators.
Is There Optimism For Legal Florida Sports Betting This Year?
There is good and bad news to report. We like to talk in a language that includes the odds of events happening. This case in the U.S. Court of Appeals faces an uphill battle to being overturned if you look at the odds of having success in appealing a case.
Most cases fail on appeal to the courts. It is often very difficult to prove that there was an error made in the appellate court. There usually has to be something so erroneous that it can’t be ignored by the U.S. Court of Appeals.
It is also worth mentioning that two of the three judges are appointees of Obama and Biden. 2022 appointee, J. Michelle Childs, could have the swing vote and is likely to side with the federal government's recommendations. This is not a guarantee, but a reason to be hopeful.
Keep in mind that we are not going to hear a ruling on the appeal in the immediate future. If you are a Florida sports bettor looking forward to wagering on the Super Bowl at the Hard Rock in February, it does not look good. That being said, there will eventually be legal sports betting in Florida.
