West Flagler presents final brief in Florida Supreme Court sports betting case

Lea Hogg December 28, 2023

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West Flagler presents final brief in Florida Supreme Court sports betting case

In the latest chapter of the legal saga surrounding sports betting in Florida, West Flagler, one of the two parimutuels questioning the legality of the practice, has recently filed its final brief in the state’s Supreme Court. The intricacies of the case brings out key arguments and potential implications of the impending decision by the seven-judge panel.

Constitutional conundrum

At the heart of the legal battle is the interpretation of the state constitution’s Amendment 3, a provision designed to prevent the expansion of “casino gambling” without a referendum. Central to the case is the precise definition of “casino gambling” and its applicability to sports betting.

West Flagler has identified previous arguments indicating that sports betting falls within the remit of casino gambling, raising critical questions about the constitutionality of the 2021 gaming compact between the Seminole Tribe and the state.

Seeking writ of quo warranto

West Flagler is seeking a writ of quo warranto, which translates to “by what authority.” This legal manoeuvre aims to challenge the authority of Governor Ron DeSantis and the legislature in approving the gaming compact. The article sheds light on the complexities of this approach and the opinions of legal experts, with gaming attorney Daniel Wallach acknowledging the compelling nature of West Flagler’s final brief while cautioning about the challenging odds in a court where DeSantis appointed a majority of the justices.

US Supreme Court angle

The connections between the Florida Supreme Court case and a separate matter in the US Supreme Court docket are under scrutiny.

Daniel Wallach contends that the Florida case may be viewed as the “undercard” to a more significant legal showdown in the nation’s highest court. The focus shifts to the DC Circuit’s ruling, identifying key elements that make it a potential candidate for Supreme Court consideration, including a circuit split on the Indian Gaming Regulatory Act’s scope, conflicts with precedent, and the presence of an important federal question with far-reaching consequences.

Future of sports betting

As the legal drama unfolds in the Florida Supreme Court, the fate of sports betting in the state hangs in the balance. The author leaves readers anticipating the court’s decision in the coming weeks and speculates on the broader implications of this legal battle for the future of online sports betting in Florida.

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