Posted on: August 15, 2023, 05:58h.
Final up to date on: August 16, 2023, 12:47h.
A Florida cardroom operator is asking a federal appeals courtroom to reverse its choice to uphold an settlement that offers the Seminole tribe unique rights to sports activities betting within the Sunshine State.
West Flagler Associates, which has spent almost two years combating the Seminoles in courtroom, misplaced final month within the U.S. Courtroom of Appeals for the Washington, DC, Circuit.
In a petition for rehearing filed Monday, West Flagler mentioned the DC Circuit Courtroom panel erred when it decided that the Seminole Tribe’s sports activities betting association doesn’t violate the federal Indian Gaming Regulatory Act (IGRA).
West Flagler requested for an “en banc” rehearing by all 11 judges on the DC Circuit.
In June, a three-judge panel unanimously dominated that IGRA doesn’t prohibit the tribe from accepting on-line wagers beneath its settlement with Florida.
The Seminole Tribe has unique proper to function Las Vegas-style on line casino playing with house-banked desk video games in Florida. It owns and operates a half-dozen casinos within the state, together with the Seminole Arduous Rock Resort & On line casino Hollywood and Seminole Arduous Rock Resort & On line casino Tampa.
In 2021, the tribe reached an settlement with Florida Gov. Ron DeSantis (R) to undertake a brand new 30-year compact. That may give the tribe a monopoly on sports activities betting within the state.
West Flagler, which operates the Bonita Springs Poker Room in South Florida, says the association violates federal prohibitions on off-reservation gaming, in addition to the Structure’s equal safety clause.
An ‘Apparent Ruse’
The Florida-Seminole compact allowed the tribe to simply accept bets from anybody throughout the state, however declared that the bets can be thought-about to be obtained on tribal lands. That’s the place the tribe’s sportsbook servers are situated, making the association permissible beneath the state structure.
This was an apparent ruse,” West Flagler argued in its submitting. “It sought to make use of the federal approval of an IGRA compact for gaming ‘on Indian lands’ to confer a statewide sports activities betting monopoly on the Tribe, whereas making such conduct a felony for all different individuals. The Compact was thus an abuse of IGRA to bypass a state constitutional requirement. It was additionally a violation of the Equal Safety Clause.”
In response to the submitting, the Seminole Tribe reportedly reiterated that the DC Circuit panel’s choice was unanimous in its favor. “It’s essential to notice the three-judge panel of the U.S. Courtroom of Appeals for the District of Columbia Circuit issued a unanimous choice in favor of the U.S. Division of the Inside, which permitted the Gaming Compact between the Seminole Tribe and the State of Florida.”
The DC Circuit hadn’t dominated on West Flagler’s movement as of Tuesday night. If the courtroom declines to schedule an en banc listening to, the corporate’s final remaining possibility can be to ask for the Supreme Courtroom to intervene.