The federal court decision that upheld the monopoly of tribal casinos to offer sports betting in Washington could have a ripple effect on similar cases elsewhere in the country, such as Florida.
The case was brought by Maverick Gaming against the Department of the Interior and several Washington state officials, but the state’s gaming tribes recognized that it was aimed squarely at them. That included the Shoalwater Bay Tribe, which successfully petitioned to intervene in the case that one of its members, Eric Persson, in his role as Maverick CEO, brought against the monopoly.
The case was dismissed by District Judge David G. Estudillo, although Persson has said he plans to appeal to the Ninth Circuit Court of Appeals. The judge said the lawsuit violated sovereign immunity because the tribe didn’t consent to be sued.
Meanwhile the D.C. Court of Appeals is expected to rule soon on a case brought against Florida’s sports betting by West Flagler Associates against the Department of the Interior and the Seminole Tribe of Florida. That court ruled that West Flagler did have the ability to sue.
That sets up the possibility that the Supreme Court could step in to decide between opposing rulings on similar cases.
Maverick’s attorneys argue that the compact between the tribes and the state of Washington, which was approved by Interior, violated both the Indian Gaming Regulatory Act (IGRA) and the Equal Protection Clause of the U.S. Constitution.
