Could Alabama Sports Betting Follow Florida’s Lead?

After another attempt to legalize Alabama sports betting failed this past year, many are wondering what’ll take for legislation to get over the finish line.

Could the setup of sports betting in Florida provide the blueprint?

Certain experts think so.

The Latest Florida Sports Betting Development May Catch the Attention of Many States

Before we go any further, it’s important to note that the latest Florida sports betting development isn’t just being viewed through the lens of sports betting in Alabama. On the contrary, industry analysts and experts are evaluating what just happened against gaming laws in virtually every state.

With that in mind, let’s start why a big to-do is being made over the Sunshine State. The United States Supreme Court (SCOTUS) recently decided not to take on the case brought by West Flagler Associates, a gaming operator based out of Florida. They allege that the Seminole tribe’s Florida sports betting compact violates the Indian Gaming Regulatory Act (IGRA). That initiative stipulates all legal gaming must take place on tribal property. Currently, though, the Seminole tribe Hard Rock sports betting app can be accessed and used by anyone in the state of Florida.

When West Flagler initially filed their case back in 2021, a United States District Court judge agreed with their interpretation. Florida sports betting operations were subsequently shut down. But Seminoles then argued that their Florida sports betting app was an extension of tribal property. Why? Because the servers running the Hard Rock sports betting app are located on tribal property.

This interpretation passed the sniff test inside the Florida Supreme Court. The Seminole tribe eventually relaunched their sports betting services at the end of 2023. By refusing to take the case, SCOTUS has effectively ensured that their interpretation of the IGRA will hold up.

And that brings us to the push for Alabama sports betting legalization.

The Push for Alabama Sports Betting Legalization May be Primed to Mirror Florida’s Model

As we alluded to, after SCOTUS’ latest “decision,” so many states have the potential to adjust their gaming laws—including those that already have online sportsbooks in the United States operating inside their market. However, when ESPN’s Doug Greenberg published a feature on the fallout of the decision, the push for Alabama sports betting was singled out above everyone else.

Greenberg spoke with Mike Andrews, who runs the Native American policy group at McGuireWoods Consulting. Consider the following excerpt based off his comments:

“Andrews also notes that several states that already legalized sports betting with non-tribal partners could go back and revise their laws with the help of secretarial procedures, which means that tribes can negotiate with the state's Secretary of the Interior on a Class III compact instead of going through a larger legislative process. He believes that Connecticut and New York are ‘ripe’ for it. But the larger impact of this legal decision is how it could affect states with strong tribal presences that do not already have sports betting. Alabama, which has just one federally recognized tribe, the Poarch Band of Creek Indians, could easily follow Florida's lead given the similarities in singular tribal power.”

That last line is the most important. Because Alabama has just one federally recognized tribe, it makes negotiating a gaming compact much easier. State officials won’t have to find common ground among a handful of tribes. Nor do they have to worry about excluding certain tribes, which would in turn elicit push-back.

Could Alabama Officials Explore This Route in 2025?

Make no mistake, this is a big deal. And this avenue isn’t accessible to everyone. For instance, sports betting in California most likely will not be legalized through this manner. The Golden State has 110 federally recognized tribes in the region. Negotiating a gaming compact without a constitutional amendment seems like it would be impossible.

This process is much more feasible when it comes to Alabama sports betting. That will likely pique the attention of those who support its legalization. Whether the state actually explores it is a different story.

Looking back on this past year’s Alabama sports betting bill, we’re left wondering whether the Crimson State has enough support from policymakers. Yes, there have been multiple attempts to legalize sports betting in Alabama. And sure, the initiative on the table this year made it through the House of Representatives.

Still, the proposal wound up falling apart in the Senate. So much so, in fact, they sent a revised version back to the House that did not include the legalization of Alabama sports betting anymore. Instead, it focused on the creation of a state lottery.

Attempts to re-negotiate sports betting back into the fold ultimately proved unsuccessful. And the entire bill, including the state lottery element, fell part. To that end, it isn’t clear if prevailing sentiment in the Alabama Senate will change if they’re negotiating directly with the Poarch Band of Creek Indians rather than constructing a bill to be put on the voter ballot. The same opposition will presumably exist.

Then again, the governor’s office could have the power to usurp everyone. That’s essentially what happened in Florida. Governor Ron DeSantis brokered the tribal gaming compact. Would Alabama Governor Kay Ivey do the same? She is known to be open-minded toward sports betting legalization, so maybe. But we can’t know for sure until she’s presented with the opportunity. And we won’t know that until 2025 Alabama legislative meetings.

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