Following the relaunch of online sports betting in Florida, gaming law and sports-betting attorney Daniel Wallach provided insights into the unfolding events and shared his perspective on the situation with Miami TV station WPLG Local 10 (video available on YouTube).
Speaking on the case, Daniel Wallach emphasized the importance of the actual location where the gaming activity occurs, citing the perspective of Justice Elena Kegan from a 2014 Supreme Court Case.
Wallach argues that the focus of gaming activity should be on where the bet is physically placed rather than the remote processing of it, saying, “It is clear that the activity is the placing of the bet on a mobile device”.
He raised concerns regarding the granting of a sports betting monopoly to the Seminole Tribe. He argues that such preferential treatment based on tribal identity may conflict with the equal protection clause of the 14th Amendment, presenting legal challenges in granting exclusive rights.
Wallach says, “The Seminole Tribe are being granted a monopoly over sports betting simply because they’re a tribe”. He added, “Not only can no one else engage in that activity, but it becomes a felony for any other person or entity to engage in that activity”.
In April 2021, Florida Governor Ron DeSantis and the Seminole Tribe of Florida’s Tribal Council signed a gaming compact. According to the compact, online bets processed through servers located on tribal locations are considered to have been placed on “Indian lands”, even if the bettor was situated elsewhere in Florida, effectively legalizing state-wide online sports betting in Florida. This compact operates under the federal Indian Gaming Regulatory Act (IGRA).
Hard Rock Sportsbook, the Seminole Tribe-backed betting platform, launched in November 2021. However, the gaming compact was almost immediately challenged with lawsuits, and the Seminole Tribe withdrew the sportsbook in December 2021.
The case worked its way up to the US Supreme Court, which put a temporary hold on the case on October 12, 2023, while the court considered a request from lawyers representing Florida casino operators. The Supreme Court’s action paved the way for the Seminole Tribe to proceed with its gambling compact, and Hard Rock Sportsbook was relaunched in November 2023.
Predicting the outcome of the case, Wallach pointed to a pattern in the Florida Supreme Court, “there have been fourteen similar cases brought against Governor DeSantis in the Florida Supreme Court where his legal authority constitutionally has been challenged, and not one time has the court, which has predominantly been appointed by him, rebutted Governor DeSantis”.
He continued, “It does show a trend that this court, at least the current iteration of a Florida Supreme Court, is prone to defending Governor DeSantis’ initiatives”. Wallach concluded, “I believe, at least under State Law, maybe this is a case that could go either way”.
