
The United States Supreme Court, in a decision on Friday, April 12, granted an extension for the deadline previously set for the U.S. government to submit testimony on an ongoing case. The case in question pertains to the Class III gaming compact signed between Florida’s administration and Seminole Tribe, a matter that has been stirring debate and contestations for a considerable length of time.
Taking center stage is the refreshed gaming compact that Florida had hashed out with the Seminole Tribe in 2021, testing its compliance with the federal Indian Gaming Regulatory Act. The Department of Justice (DOJ), representing the interest of the Department of the Interior in this case, had requested more time to prepare an extensive argument on this issue. The Supreme Court, hearing this plea, decided to grant this extension request, thus pushing back the deadline to May 12.
Inside sources within the Justice Department revealed the extension request resulted from the department’s preoccupation with “other matters before the Court.” This development implies a stalling of decisive action against the Seminoles’ Hard Rock Bet online sportsbook. Until at least May 12, the sportsbook can continue its operations in the Sunshine State with no threat of immediate shutdown.
The saga traces back to May 2021 when Florida’s Governor Ron DeSantis and the Seminole Tribe reached an agreement on new revenue-sharing terms for the tribe’s casinos, Seminole and Hard Rock. In this profitable arrangement, the tribe promised to channel a minimum of $6 billion to the state by 2030 to maintain its dominance over slot machines outside Miami-Dade and Broward counties and to secure exclusivity over house-banked table games across Florida. In return, the tribe achieved roulette and craps privileges at its six physical casinos and gained the rights to pursue both retail and online sports betting.
However, shortly after the agreement, the online sports betting component met with resistance from two pari-mutuel licensees, West Flagler Associates and Bonita-Fort Myers Corporation. The companies, which manage the Magic City Casino in Miami and Bonita Springs Poker Room, respectively, alleged that Florida’s approval of the tribe’s foray into online sports wagering defied the Indian Gaming Regulatory Act, claiming the tribe’s gaming should only extend to sovereign lands owned by federally recognized tribes.
In response to this, state lawyers maintained that since the servers of the Hard Rock Bet online sportsbook are located on Seminole Tribal land, the agreement aligns with the act. The Department of the Interior and Secretary Haaland, while approving the 2021 gaming compact, endorsed this viewpoint. This belief has carried over to lower federal courts supporting Florida, which has elevated the case to the U.S. Supreme Court’s review. Following the submission of the DOJ’s testimony, the Supreme Court will release a statement declaring its willingness to accept the case.
Should the federal lawsuit favor the state and Seminoles, West Flagler and Bonita Springs’ next and final move would be to launch a state case. This would challenge if Governor DeSantis had the authority to expand gaming in Florida, given that a 2018 ballot granted the public – not the state – the sole authority to decide on authorizing casino gambling.
The constitutional amendment in 2018, heavily funded by the Seminoles, aimed to hinder commercial casinos from establishing in Miami. It came into effect at a time when the Malaysia-based casino giant, Genting Group, was petitioning state legislators to greenlight an integrated resort.
However, the Florida Supreme Court censured the attorneys of West Flagler and Bonita Springs last month. The attorneys’ transgression entailed directing the case straight to the state’s high court, neglecting to follow due process through lower courts. This legal drama continues to unfold within the courts as all parties anticipate the new deadline set for May 12 by the U.S. Supreme Court.