Sports

Federal Judge Invalidates Sports Betting Compact Between Florida And Seminole Tribe

Friedrich left open the possibility that Florida citizens can still authorize such betting through a citizens' initiative in the future.

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Judgment Day came for Hard Rock Sportsbook in Florida and it was not a good conclusion for the Seminole Tribe.

A federal judge has ruled that a recently entered into compact between the Seminole Tribe and Florida that sought to legalize sports betting in the state is no longer in effect. Striking the compact in its entirety should not only cause mobile wagering to come to a quick end but also preclude the Seminole Tribe from offering land-based sports betting options as well as full Las Vegas-style casinos with games such as craps for the time being.

“Continuing to offer online sports betting would violate federal law,” wrote U.S. District Judge Dabney L. Friedrich in her order.

Friedrich left open the possibility that Florida citizens can still authorize such betting through a citizens’ initiative in the future and added that Florida and the Seminole Tribe may agree to another new compact that only allows online sports betting on Indian lands. A citizens’ initiative is not likely to be an option until the November 2022 election. DraftKings and FanDuel have been pushing hard to obtain the roughly 900,000 signatures needed to put this issue on the November 2022 ballot.

While many Florida citizens will be upset with the possibility of losing their ability to place bets legally, for now, some see a silver lining in the decision based on the fact that if mobile sports betting is permitted in Florida in the future, then it likely will not be a situation where the Seminole Tribe essentially holds a monopoly on all such wagers. A successful citizens’ initiative could lead to more operators entering the Sunshine State, such as DraftKings, FanDuel, MGM, and Barstool.

Ultimately, the argument that sports bets placed off of Indian lands flow through the Tribe’s sportsbook and servers on its Indian lands and thus are considered made on Indian lands was a loser.

As of now, the Seminole Tribe’s Hard Rock Sportsbook mobile application is still allowing users to place bets and withdraw their money. It is not yet known whether Friedrich’s decision will be appealed and, if so, whether that will impose a stay on the ruling. In the meantime, the Seminole Tribe does not seem to be overly concerned about Friedrich’s comment that continuing to offer online sports betting violates federal law.

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Darren Heitner is the founder of Heitner Legal. He is the author of How to Play the Game: What Every Sports Attorney Needs to Know, published by the American Bar Association, and is an adjunct professor at the University of Florida Levin College of Law. You can reach him by email at heitner@gmail.com and follow him on Twitter at @DarrenHeitner.

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