Florida Attorneys: 2018 Gaming Amendment Excludes Sports Betting, Informs Supreme Court
A lawsuit aimed at halting online sports betting in Florida has been met with opposition from attorneys representing Governor Ron DeSantis. The attorneys argued that a constitutional amendment passed in 2018, which requires voter approval for any gambling expansion, does not encompass sports betting. The lawsuit was filed by two South Florida companies, West Flagler Associates and Bonita-Fort Myers Corp., who are seeking to overturn a state compact with the Seminole Tribe that would permit the tribe to expand casino gambling and introduce online sports betting.
The companies claim that the 2021 state compact violates the 2018 constitutional amendment, as it allows bettors to use the Seminole Hard Rock’s sports betting app anywhere in the state. However, lawyers from the Florida attorney general’s office argue that the amendment’s definition of casino gambling does not include sports betting, and therefore, the compact should not be considered a violation.
In addition, the attorneys questioned whether the Florida Supreme Court has jurisdiction over the case, given the Seminole Tribe’s sovereign immunity. They argued that the tribe cannot be included in the lawsuit, even though it stands to benefit from the compact. The 2018 amendment explicitly grants Florida voters the exclusive right to decide on authorizing casino gambling in the state, without conflicting with federal law regarding state/tribal compacts.
The amendment defines “casino gambling” as any game typically found in casinos and classified as Class III gaming under the Federal Indian Gaming Regulatory Act. It includes electronic gambling devices, simulated gambling devices, video lottery devices, internet sweepstakes devices, and other electronic or electromechanical facsimiles of games of chance, slot machines, or casino-style games, regardless of their definition under IGRA.
While the outcome of the Florida Supreme Court ruling remains uncertain, a recent decision in an unrelated case may provide some insight. Last week, the court ruled that victims of crimes were not entitled to have their names exempted from public records under another 2018 constitutional amendment called Marsy’s Law. The justices based their decision on the “plain, usual, ordinary, and commonly accepted meaning” of the amendment at the time it was written, which did not include names. Given the conservative nature of the court, which tends to interpret the constitution literally, there may be some alignment with DeSantis’ attorneys.
Meanwhile, a federal lawsuit on this matter could potentially reach the U.S. Supreme Court. The two companies involved in the case are suing the federal government for approving the Seminole Compact. An appeals court previously ruled that the U.S. Interior secretary had the legal authority to sign off on the compact. The deadline for the two companies to formally petition the U.S. Supreme Court to hear the case is February 8.
It is important to note that neither of these lawsuits is currently obstructing sports gaming in Florida. The Seminole Tribe launched its Hard Rock Bet app for Florida gamers last month, and this week, the tribe will introduce expanded casino gaming and onsite sports betting at its casinos across the state.
