West Flagler Associates has been contesting the Seminole Tribe’s monopoly on sports betting in the Sunshine State for years but the company’s hopes to break into the industry all but faded this week when the U.S. Supreme Court refused to hear their case.
SCOTUS Says No
West Flagler launched a Hail Mary pass but no one was in the end zone to receive it. The U.S. Supreme Court denied its petition for writ of certiorari which means the final shot has likely been taken in what has been a protracted legal battle at the state and federal level. It’s devastating news for the Florida parimutuel company but a day of celebration for the Seminole Tribe that can now continue its statewide monopoly of mobile sports betting unabated.
“The Seminole Tribe of Florida applauds today’s decision by the U.S. Supreme Court to decline consideration of the case involving the Tribe’s Gaming Compact with the State of Florida,” read a prepared statement from the Seminole Tribe.
“It means members of the Seminole Tribe and all Floridians can count on a bright future made possible by the Compact.”
U.S. Supreme Court Justice Brett Kavanaugh was the only dissenting opinion by voting to hear the case but one affirmation is not enough as it requires at least four justices to grant a hearing. West Flagler’s options at the state level were seemingly exhausted in March when the Florida Supreme Court denied its petition to rule that the Compact between the Seminoles and the state of Florida was unconstitutional.
Out of Options?
West Flagler Associates has undoubtedly spent a pretty penny to pursue this legal battle and it is uncertain whether they will take a different path to undo the Compact between the Seminoles and the state. Avenues are available, although limited, at the state and federal level but it could be another entity that decides to take up the fight.
Bob Jarvis, a professor of law at the Nova Southeastern University Shepard Broad Law Center, offered his opinion on what new legal direction this case could take.
“WFA now is done on the federal side. On the state side, it can still file a lawsuit in the Leon County Circuit Court in Tallahassee and argue that the compact violates Florida’s constitution (it doesn’t, of course). That is what the Florida Supreme Court said was the proper procedure when it dismissed WFA’s quo warranto action, which WFA filed directly in the Florida Supreme Court,” Jarvis said.
Jarvis also said the action would be futile at this point.
“It’s a further waste of time and money. Even if the Leon County Circuit Court found for WFA, and even if the First District Court of Appeal (also in Tallahassee) affirmed, the Florida Supreme Court would reverse because Governor DeSantis clearly wants the compact and, these days, the Florida Supreme Court is in lockstep with DeSantis.”
Although the Seminoles have been legally vindicated and their Hard Rock sports betting app will continue unfettered, the big money is in iGaming. Should the Seminoles make a push to bring online casino gambling to the Sunshine State they might strike a compromise by allowing other operators to compete as well.
