Break out the champagne. The long lasting court challenges to the Seminole Tribe of Florida’s putting its 2021 compact into play seems to have run its course. On October 25, the U.S. Supreme Court rejected efforts to stop enactment of sports betting.
The tribe and Seminole Hard Rock plan to celebrate the new era with star-studded celebrations in December as the victors launch craps, roulette table games and online sports betting at the six Seminole-owned casinos in south Florida. Just how star-studded remains to be seen.
“The Seminole Tribe thanks the State of Florida, the U.S. Department of the Interior and the U.S. Department of Justice for defending our compact. By working together, the tribe, the State and the federal government achieved a historic legal victory,” said Marcellus Osceola Jr., chairman of the Seminole Tribe of Florida.
The short version of the story begins in 2021 when the state and the Seminoles signed a compact which allowed for additional table games and online sports betting. Exclusive to the Seminoles, of course.
But legal challenges from Florida parimutuel companies stopped the tribe from implementation almost before it could start. The parimutuel companies, West Flagler Associates and Bonita-Fort Myers Corp., also have a lawsuit before the Florida Supreme Court, arguing that the sports betting plan violates a 2018 state constitutional amendment that required voter approval of casino gambling. That case remains pending.
The original lawsuit focused on online sports betting. Specifically, the compact allowed bettors to place wagers from anywhere in the state, which flies in the face of federal Indian Gaming Regulatory Act (IGRA). IGRA requires Indian gaming to take place on tribal lands. What the deal did was accept a provision to let the server that processed the wagers rest on tribal property while bets can be placed on the beach outside of Jacksonville.
In November 2021, U.S. District Judge Dabney Friedrich agreed with the companies, setting up the appeal decision in favor of the tribes this past summer. In turn the appeal court decision led to the request for a stay.
The past summer, the appeals court ruled against the District Court decision to permit the compact to get back on track.
Undaunted, the parimutuels asked the Supreme Court for a stay while they prepared a petition seeking review of the appellate ruling. Chief Justice John Roberts issued the stay on October 12 that put the ruling on hold.
But on November 1, justices canceled Roberts’ order and denied the requested stay.
The Seminoles hailed the Supreme Court’s move and planned for their celebration.
“The denial of the stay by the U.S. Supreme Court is very good news. The Seminole Tribe of Florida is heartened by this decision,” Gary Bitner, a spokesman for the tribe, said in an email to CBS News.
Craps, roulette and sports betting will launch to the public on December 7 at three Seminole casinos in south Florida: Seminole Hard Rock Hotel & Casino Hollywood, Seminole Classic Casino in Hollywood and Seminole Casino Coconut Creek.
On December 8, the new games will begin at Seminole Hard Rock Hotel & Casino Tampa. On Monday, December 11, The new games will commence at Seminole Casino Immokalee, near Naples, and Seminole Brighton Casino, on the northwest side of Lake Okeechobee.
More details will follow.
“With the expansion of the new scope, we are creating over 1,000 new jobs made possible by the compact,” said Jim Allen, CEO of Seminole Gaming and Chairman of Hard Rock International. “This is a historic milestone that immediately puts Florida in the same league with the world’s great gaming destinations.”
But…
There always seems to be a “but” in this situation between the mighty Seminoles and the parimutuel industry.
“The circuit (appeals court) opinion raises a question of nationwide importance regarding the ability of states and tribes to use IGRA compacts to provide for gaming off Indian lands,” the industry said in response.
Bob Jarvis, a professor at the Nova Southeastern University Shepard Broad College of Law, said the November 1 decision meant the high court would not go against the appeals court decision.
“There is no reason for the Supreme Court to take this case up, and they will not take this case,” Jarvis told the News Service of Florida.
He said a lack of conflicting opinions at the appellate level may be one reason the Supreme Court declined to hear the arguments.
“Secondly, the Supreme Court is very interested in Native American cases. They’ve taken a lot of Native American cases, simply, and Justice (Neil) Gorsuch is particularly interested in Native American issues. But this case comes out the right way because it finds that tribe can do what it wants to do,” Jarvis said.
Yet Jarvis opined that the proposed celebrations may be premature. The Seminoles are trying to fend off the separate challenge to the compact at the Florida Supreme Court, which hasn’t decided whether it will consider the case or refer it to a lower court.
That case could take up to three years before a final decision, Jarvis said. It’s not like the Seminoles face insolvency. The tribe, which began offering gambling in Florida in 1979, has global operations and deep pockets.
Jarvis said launching while this case hangs over the proceedings and then shutting sports betting down could alienate patrons, create issues in the workplace and add costs.
“Yes, they would like to make more money. Everybody wants to make more money, but they have been very, very patient. They’ve been very, very good throughout their history of playing the long game,” Jarvis said. “And my prediction is they’re going to be patient.”
