The office of Florida Governor Ron DeSantis has put its two cents into the long-standing lawsuit between West Flagler and Associates and the state and federal Supreme Court.
DeSantis’ office lodged a formal request to the Florida Supreme Court to dismiss the lawsuit arguing among other things that West Flagler waited too long. As a result, the case lacks the necessary urgency to be heard.
West Flagler, a parimutuel, won in district court, but lost on appeal and has yet to win another decision.
The Seminole Tribe opened up mobile sports betting on a limited basis and just prior to the introduction of craps, roulette and in-person sports betting at the six Seminole casinos.
Attorney General Ashley Moody argued that West Flagler “offered no good excuse for the delay,” according to the Sun Sentinel.
The suit before the state Supreme Court argues that the agreement between the state and the tribe defies a constitutional amendment known as Amendment 3, which requires 60 percent of voters to approve any expansion of casino gambling in the state.
“Petitioners’ delay in filing this action, two and a half years from the compact taking effect, is unjustifiable,” Moody said. “Original jurisdiction over quo warranto actions is reserved for truly extraordinary circumstances, where the review of Florida’s highest court is necessary immediately, rather than as a last resort.”
As for Amendment 3, Moody says sports betting does not fit into the traditional definition of casino gambling, thus does not apply.
The case before the U.S. Supreme Court will likely take some more time. The court granted West Flagler’s request for an extension to file a writ of certiorari, pushing it from December 11 to February 8, three days before the Super Bowl.
Moody came up with a rather left field approach to oppose West Flagler. Mobile sports betting is not really a casino game, thus is not subject to the Florida Constitution as part of Amendment 3. So Moody wanted the state Supreme Court to dismiss the case.
What WFA seeks is to open up sports betting to more than Hard Rock Bet.
The court can now consider whether or not it will accept the case, or send it to a lower court, which WFA bypassed in its filing.
“At the end of the day, I still believe that the Florida Supreme Court will transfer the case to the Leon County Circuit Court because the Florida Supreme Court hates line-jumping/prefers to rule after a full record has been created by the lower courts,” NOVA Southeastern constitutional law professor Bob Jarvis told Sports Handle via email.
The attorney general offered various key points in seeking dismissal of West Flagler’s case. The filing delay; the Seminoles would lose too much money which would affect what the state earns; and the casino game argument.
The Florida parimutuels first sued the DOI in federal court more than two years ago in hopes of keeping the Seminoles from having a monopoly on legal sports betting. The crux of WFA’s argument is that Secretary Deb Haaland improperly allowed the 2021 compact between the state and the Seminoles. A district court found in West Flagler’s favor in November 2021, but that decision was overturned by an appellate court this June. WFA then made public its intent to pursue the case with the U.S. Supreme Court.
After a soft run for existing bettors, Hard Rock Bet accepted wagers statewide December 5. The official retail opening on December 7 took place at three retail casinos including Hard Rock Hollywood.
