The Seminole Tribe of Florida will file an amicus brief in support of Ron DeSantis in the state Supreme Court sports betting case.
The Seminole Tribe of Florida will file an amicus brief in support of Ron DeSantis in the state’s Supreme Court sports betting case.
The Florida Supreme Court granted the request on Friday, meaning the tribe at the heart of West Flagler’s dispute with the state will be able to make its voice heard in the proceedings.
An amicus curiae brief – literally “friend of the court” brief – is a legal filing in which a party not directly involved in a case files a document offering additional insight or expertise.
The case concerns the Seminole Tribe’s compact with the state of Florida, and whether the governor and legislature had the power to approve it.
Among other measures, the compact granted the tribe the exclusive rights to offer online sports betting in the state through a “hub-and-spoke” model.
Under the model, online bets are wired through servers on tribal land to satisfy the requirements of the Indian Gaming Regulatory Act (IGRA).
Last week, the Seminoles launched online sports betting statewide for all customers via the Hard Rock Bet brand.
Returning after a two year hiatus, the launch followed failures by West Flagler to convince courts to keep the platform closed.
For several weeks prior Hard Rock Bet had been in a early release stage, only available to loyalty scheme members and those with an existing account from 2021.
Challenges continue in state and federal courts
Two Florida parimutuel betting operators, West Flagler Associates and the Bonita-Fort Myers Corporation, have challenged the compact in both federal and state courts.
In the Florida case, the operators argued that the governor and legislature did not have the authority to approve the compact due to a provision in the state constitution which outlaws any expansion of “casino gambling” without approval from voters in a referendum.
That section of the constitution, often termed Amendment 3, was passed in 2018.
The amendment’s author, Florida anti-gambling organisation No Casinos, has itself filed an amicus brief in favour of West Flagler arguing the wording of the amendment would apply to online sports betting.
The Seminoles’ own ambiguous position in the case may make it difficult for West Flagler to prove victorious in their petition.
This is due to the question of whether the tribe is a “necessary party”. In US law, this is a group or individual whose interests are directly affected by the outcome of a case. As such, they must be included as a named party in a lawsuit.
However, due to tribal sovereignty, the Seminoles can only be sued in tribal, not state court – making it impossible for them to be included in the suit.
Florida attorney general Ashley Moody made this argument in a legal filing last week that called for West Flagler’s petition to be dismissed by the court.
A separate suit is also progressing in the US Supreme Court. Chief justice John Roberts granted a request by West Flagler to extend the date to file its formal petition to review the case.
This was to give time to the Florida Supreme Court to rule before the SCOTUS could properly consider West Flagler’s petition.