Another Legal Threat Faced by Seminole Tribe Over App

By Lisa Spencer Senior Editor Updated: 22 November 2023

Lisa Spencer Senior Editor

As a Senior Editor at Betting.US, Lisa Spencer is a valuable member of our expert team. With a Master’s degree in Applied Mathematics, Lisa is adept in gambling theory and analyzing odds. She contributes by writing online sportsbook reviews and finding competitive markets to help our readers make an informed choice.

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According to recent reports, the Seminole Tribe in Florida is facing another legal threat over its sports betting app, which was recently relaunched.

In what has been described as a major development in Florida’s gambling industry, West Flagler Associates, a well-known betting company, has taken a big legal step against the Seminole Tribe’s control over sports betting in the state. They have asked the Florida Supreme Court to shut down the Tribe’s mobile betting app.

The legal action comes after the U.S. Supreme Court decided not to stop a 2021 agreement that gave the Seminole Tribe exclusive rights to sports betting, roulette, and craps in Florida. This deal is said to be worth about $2.5 billion.

Goes Against the US Constitution

West Flagler argues that this agreement breaks the Indian Gaming Regulatory Act (IGRA), a law that says tribal gambling must happen on tribal land. The Tribe’s app, which works all over the state, seems to go against this rule. West Flagler also says that the agreement doesn’t follow the U.S. Constitution’s equal protection rule.

Previously, West Flagler, which used to run the Magic City Casino in Miami and now owns the Bonita Springs Poker Room, tried to get the agreement canceled in state and federal courts. After a long legal fight, a federal court in June 2023 said that the Florida Supreme Court should make the final decision. This decision is expected next year.

West Flagler’s recent legal filing shows they are worried about the money the Seminole Tribe could make while the case is ongoing. They argue that if the tribe’s operations are eventually found to be going against the Florida Constitution, it could mean that the Seminoles end up earning millions of dollars from bets that shouldn’t have been allowed.

In the filing, West Flagler wrote that the Tribe would continue with its:

…off-reservation sports betting operations in contravention of the Florida Constitution … potentially raking in millions of dollars in sports bets that this court may eventually find were authorized in contravention of the Florida Constitution and derogation of the people’s right to decide on the expansion of casino gambling.

The case also looks at the details of online betting, like where a bet is actually made. The Tribe’s betting app, which started again for some users after a two-year break, uses servers on Tribal land to process bets. This is a key point in the Tribe’s and Florida’s defense against West Flagler’s claims, suggesting that the app doesn’t break the IGRA.

Argument from the State of Florida

The State of Florida also argues against West Flagler’s point about a 2018 change to the Florida Constitution. This change states that any new casino gambling must be voted on by the public. The state says this rule only applies to regular sports betting and not to agreements with tribes.

As this legal battle continues, its outcome will be very important for the future of sports betting and the rights of tribal gambling in Florida. It could also set an example for similar cases across the country.