Still Waiting on Florida Sports Betting Launch as Court Weighs Stay

Sep 17, 2023; Foxborough, Massachusetts, USA; Miami Dolphins quarterback Tua Tagovailoa (1) celebrates after a touchdown during the first half against the New England Patriots at Gillette Stadium. Mandatory Credit: Paul Rutherford-USA TODAY SportsLate Friday night, West Flagler requested a stay of the mandate of a Florida sports betting case, intending to take the issue to the Supreme CourtThe D.C. Circuit Court mandate restoring the 2021 Florida Gaming Compact is scheduled to go into effect todayIf a stay is granted it will halt the mandate from going into effect and likely delay the launch of Florida sports betting

To stay or not to stay, that is the question for Florida online sports betting.

All eyes are on the U.S. Court of Appeals for the District of Columbia as it weighs a potential stay of its mandate to restore a 2021 Florida Gaming Compact, which gives sports betting exclusivity to the Seminole Tribe, and also allows craps and roulette in tribal-owned casinos. Today was the date the court’s original mandate was to go into effect.

If a stay is not granted, the D.C. Circuit Court’s mandate will go into effect, clearing the way for a Florida sports betting launch. If a stay is granted, it likely means another long period for the state with no sports betting.

We’ll update throughout the day with any new information that comes available.

Will a Stay Be Granted?

West Flagler requested a stay of the mandate on Friday, Sept. 15, close to midnight, intending to to submit a writ of certiorari to hear the case with SCOTUS. West Flagler has until Monday, Dec. 11, to file with SCOTUS.

According to federal rules, a motion for a stay “must show that the petition would present a substantial question and that there is good cause for a stay.” If a stay is granted to West Flagler, it will likely remain in effect until the Supreme Court makes its decision on whether or not to hear the case.

In its motion, West Flagler attorneys note that unless a stay is granted the court’s mandate will “upset the status quo” in Florida by permitting the Seminole Tribe to offer online sports betting.

“Unless the mandate is stayed, this court’s decision will upset the status quo in the entirety of Florida by permitting the Tribe to conduct online sports gaming throughout the state where no such gaming previously has been permitted and where the Florida constitution requires that any expansion of gaming within the state be subject to a citizens’ initiative with 60% of the vote.”

West Flagler also asserts in its petition that the D.C. Circuit Court’s opinion will “may well be used by other states and tribes” as a potential blueprint for expanded gaming outside of Indian lands where gaming is not permitted.

“The Panel Opinion thus enables an extreme shift in public policy on legalized gaming that, once started, may be difficult to stop. It therefore is in the public interest to preserve the status quo with respect to online gaming until such time as the Supreme Court has had a chance to review the Appellees’ petition for a writ of certiorari.”

Daniel Wallach, a gaming law attorney, Founder of Wallach Legal and UNHLaw Sports Wagering, noted in an informative multi-tweet thread on his “X” feed that a stay is unlikely to be granted.

The odds are against West Flagler being able to persuade the D.C. Circuit to stay its mandate. To merit a stay, it would have to show that the SCOTUS petition would present a “substantial question” and there is “good cause” for a stay.

That’s a high burden. Here’s why: pic.twitter.com/On0WSqdcY2

— Daniel Wallach (@WALLACHLEGAL) September 16, 2023

So What Happens Now With Florida Sports Betting?

According to several reports, Florida sports betting was likely to launch today when the court’s mandate went into effect. However, movement on sports betting is unlikely to take place until the stay issue is decided.

If a stay is ultimately granted, the odds of the Seminole Tribe launching sports betting today drop considerably. If a stay is not granted, it’s likely the Seminole Tribe will launch sports betting today, or shortly thereafter, when the mandate goes into effect.

There is currently no official mandate or injunction stopping the tribe from offering sports betting, but it’s been wary of displeasing courts or judges while the matter is still being considered. If a stay is granted, the tribe will likely delay its sports betting launch until SCOTUS decides to hear or not hear the case.

But again, even if a stay is granted, there is nothing officially keeping the tribe from launching sports betting.

The Seminole Tribe declined to comment for this story.

History of Florida Gaming Compact

In late June, a three-judge panel for the U.S. Court of Appeals for the the District of Columbia unanimously agreed to overturn a ruling from U.S. District Court Judge Dabney L. Friedrich that declared a 2021 Florida gaming compact violated the Indian Gaming Regulatory Act (IGRA).

The gaming compact was thrown out by Friedrich in November 2021. Ultimately, Friedrich determined the compact violated the conditions set forth by the Indian Gaming Regulatory Act (IGRA) that limits tribal gaming to the confines of tribal lands. The Seminole Tribe argued in the gaming compact that because the servers that processed the online sports bets were located on tribal land, then the bets themselves were placed on tribal lands.

The three-judge panel for the U.S. Court of Appeals for the the District of Columbia disagreed with her ruling.