The two sides in a lawsuit challenging Arizona’s sports betting law are negotiating a possible settlement.
The lawsuit, filed in August by the Yavapai-Prescott Indian Tribe, sought to overturn Arizona House Bill 2772, which legalized sports betting. It argued that the law violated the Voter Protection Act and Proposition 202, which legalized gaming on the reservation. The tribe sued Governor Doug Ducey and the Arizona Department of Gaming’s Director Ted Vogt.
The law allows 10 gaming tribes and 10 professional sports organizations to obtain sportsbook licenses; so far, 10 tribes and eight sports organizations have done so. The two sides have asked for a 60-day stay in any rulings by Maricopa County Superior Court Judge James Smith.
In the joint filing they said, “The parties believe a 60-day stay is necessary and reasonable in the context of this case, particularly given the complexity of the issues presented, the multiple parties involved, and the time it would take to effectuate such a settlement, should one be reached. Based on the foregoing, this Stipulated Motion is made not for the purposes of delay, but for good cause, and consistent with the just, speedy and inexpensive determination of this action under Ariz. R. Civ. P. 1.”
The first complaint the tribe filed in August was dismissed within days by the judge, who in his Labor Day order wrote: “The tribe did not show that H.B. 2772 likely violates the tribe’s rights regarding event wagering as compared to Sports Franchise Owners,” adding, “The Tribe did not show that public policy favors its requested injunctive relief.”
The tribe filed an amended complaint in September, which the state’s legal team moved to dismiss in mid-October. It argued that the tribe waited too long to sue and that its lawsuit could have an adverse effect on those that have been issued licenses.
Some legal observers have said that the tribe, seeing it is unlikely to prevail, wants to get something for its efforts.
Derrick Beetso, director of Arizona State University’s College of Law Indian Gaming and Self Governance Programs, told Bookies.com: “The state parties are probably wanting a clean slate and to put this behind them, so I could see them trying to work toward something too. The only question is how far apart they are on what it will take.”