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Posted on: October 19, 2023, 04:11h.
Final up to date on: October 20, 2023, 12:27h.
Florida Gov. Ron DeSantis (R) is asking the Florida Supreme Courtroom for extra time to answer in a case looking for to overturn the sports activities betting monopoly granted to the Seminole Tribe.
In a motion filed Thursday, attorneys for the governor and state legislative leaders say they want till December 1 to craft a response to the playing firms who initiated the continuing. Led by pari-mutuel operator West Flagler Associates, the businesses are asking the Florida Supreme Courtroom to invalidate the tribal gaming compact signed by the governor in 2021. The compact permits the tribe to function sportsbooks at its casinos and take cell sports activities bets from anybody within the state, as long as the pc servers accepting the wagers are on tribal land.
The request from the governor comes three days after a neighborhood anti-gambling group, No Casinos Inc., filed its personal transient in assist of the West Flagler petition. DeSantis’ attorneys level out that No Casinos obtained a 10-day extension to file its amicus transient and that the courtroom beforehand mentioned that the federal government might search an extension as nicely.
Full Schedule
“Because of the press of different issues, counsel does certainly require extra time to finish the response on this case and for consumer evaluate,” reads the submission from the Florida Lawyer Common’s workplace.
The transient lists 16 pending instances in state and federal courtroom the place filings from the state are due inside the subsequent two weeks.
Provided that the challenged compact initially went into impact in 2021, and West Flagler solely introduced its case to state courtroom final month, a further delay shouldn’t hamper the proceedings, the state’s attorneys argued. West Flagler solely agreed to a seven-day extension, in keeping with the movement.
The courtroom will determine within the coming days whether or not to grant the movement.
Betting Stays On Maintain
No matter occurs within the state case, authorized sports activities betting in Florida will stay on maintain pending the end result of a federal authorized case.
West Flagler has been preventing the gaming compact in federal courtroom since its enactment, and the case has now made its technique to the US Supreme Courtroom. Chief Justice John Roberts this month stayed a decrease courtroom ruling that might have allowed the compact to take impact to be able to give the excessive courtroom time to think about whether or not to take the case.
Feds Say State Courtroom Ought to Determine
The Inside Division, which oversees tribal gaming and is the plaintiff within the federal go well with, this week filed its first response within the Supreme Courtroom docket.
The division is accountable for reviewing gaming compacts such because the one between the Seminoles and Florida to make sure they adjust to the Indian Gaming Regulatory Act.
If the division takes no motion on submitted gaming compacts inside 45 days, they’re deemed permitted. That’s what occurred in 2021 when Florida submitted its up to date settlement with the tribe. West Flagler and its allies say Inside has a accountability to disclaim the compact as a result of it permits tribes to simply accept on-line bets positioned wherever within the state, not simply on tribal land.
Inside mentioned its tasks solely stretch so far as gaming that does occur on tribal land, and that the off-reservation sports activities betting envisioned by the compact falls exterior of its purview. Primarily, these actions had been individually licensed by the actions of the governor and state legislature that are actually at challenge within the state supreme courtroom continuing.
The Inside Division mentioned West Flagler’s federal case “lacks benefit” and is unlikely to succeed and that critics of the tribe’s sports activities betting association are higher off taking their case to state courts.
“If the Florida Supreme Courtroom concludes that the Florida Legislature’s authorization of the position of wagers exterior Indian lands is just not permissible below the Florida Structure, that might afford candidates the aid they search,” Solicitor Common Elizabeth Prelogar wrote on behalf of the Inside Division. “That pending case supplies the suitable discussion board to resolve candidates’ claims based mostly on the which means of state legislation.”
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