A federal U.S. district judge has dismissed Maverick Gaming’s lawsuit that challenged the tribal sportsbook monopoly in Washington state. Maverick CEO Eric Persson has promised to appeal the case up to the Supreme Court if necessary.
U.S. District Court Judge David Estudillo February 21 dismissed the case, but Persson insists the judgment is just the first step. He told CDC Gaming Reports, “We expect that this will be resolved by the Supreme Court of the United States and we will appeal yesterday’s decision.”
Maverick is headquartered in Washington, and operates 20 commercial card rooms in the state, as well as other casinos in Nevada and Colorado. Persson is also a member of the Shoalwater Bay Tribe, which is one of the tribes that would be affected if he wins his case—although it was not named as a defendant.
Shoalwater Chairwoman Charlene Nelson said in a press release, “It pained us to have to legally oppose a member of our tribe, but Maverick’s case, if successful, would have irreparably harmed historically marginalized tribal communities, and would have run counter to the will of the legislature and the general public.”
Addressing the issue of tribal sovereignty, Judge Estudillo wrote: “Absent an express waiver by Congress or a clear and unequivocal waiver by the tribe, tribes retain sovereign immunity from suit.”
Washington Attorney General Bob Ferguson hailed the ruling, “This is a significant victory for tribal sovereignty. Washington law strikes the right balance by permitting sports betting and confining it to tribal casinos, where tribes have experience carefully regulating gambling where individuals must be physically present.”
Rebecca George, executive director of the Washington Indian Gaming Association, commented, “Maverick’s lawsuit was a direct attack on the federal Indian Gaming Regulatory Act, which over the last three decades has been a pathway for tribes to regain their self-reliance by generating revenue to lift tribal communities out of poverty and despair.”
In January Persson commented, “I have the opportunity to pursue my dream of building a market-leading gaming company in my home state. I know that our perspective on sports betting is at odds with those who prefer a monopoly for Tribal casinos, but I respect their right to advocate for their members. Maverick Gaming will one day offer sports betting at its properties in our state, either following a ruling by the United States Supreme Court or an inclusive policy discussion by the state legislature that is founded in facts.”
