U.S. Supreme Court Allows Florida Sports Betting

In a somewhat stunning development, the United States Supreme Court has decided to lift the previously issued stay on Florida sports betting.

As many have noted, and as we will explain further, this does not end the battle of sports gambling in The Sunshine State. Immediately, however, this ruling does free up the Seminole Tribe to relaunch sports betting in Florida if and when they so please.

“The denial of the stay by the U.S. Supreme Court is very good news,” Gary Bitner, a spokesperson for the Seminole Tribe, told the media on Wednesday, October 26. “The Seminole Tribe of Florida is heartened by this decision.”

Though the decision itself is far from unimaginable, the timeline for its delivery came as a little bit of a shock. Earlier this month, Chief Justice Roberts put a block on the relaunch of Florida sports betting. Most didn’t expect the Seminole Tribe to offer gambling services when their $2.5 billion gaming compact with The Sunshine State remained tied up in litigation. But the move made many believe decision-makers were gearing up for a long deliberation.

Getting the stay lifted so soon is absolutely massive for the Seminole Tribe. Despite the ongoing legal battle between themselves and other casino operators, most notably West Flagler Associates, they don’t have to worry as much about optics. Rolling sports betting services back out doesn’t look uncouth when the Supreme Court effectively allows it.

Now, will the Seminole Tribe resume their Florida sports betting operations after this decision? Or will they continue to wait? What are the details behind the Supreme Court’s reasoning? And what, exactly, can we expect next? Let’s parse through all the available answers together.

The Decision to Lift Florida Sports Betting Stay is Huge, But the Battle Remains Far From Over

While this decision counts as a victory for the Seminoles, they’re not yet out from under the microscope. The ruling from the Supreme Court came with caveats. As Politico’s Gary Fineout wrote:

In a two-page decision released on Wednesday, the court stated that it had denied the stay request and vacated the administrative hold put in place by Roberts. But the ruling also included a statement by Justice Brett Kavanaugh, who raised questions about whether the 2021 gambling legislation pushed by Governor Ron DeSantis ‘raises serious equal protection issues.’

This whole legal battle started when the Seminole Tribe began operating their own Florida sports betting app that permitted customers to place wagers from anywhere. They argued, and still do, that the app is an extension of tribal property. The plaintiffs in these proceedings believe otherwise. And it sounds like Kavanuagh is right there with them.

“In his statement, Kavanaugh said he supported removing the stay on that appeals court decision,” Fineout wrote. “But he said that if the gambling deal allowed betting outside of tribal lands, then it was likely a violation of the Indian Gaming Regulatory Act. Kavanaugh then also raised the question of whether there was an equal protection violation due to the state’s actions.”

Equal protection concerns are another layer to this whole issue—and fairly new to the fold. Most have viewed this matter through the lens of online sportsbooks in the United States who would like to crack the Florida market. But the state’s gaming compact with the Seminoles both bypassed a constitutional amendment and excluded other tribal operators. That will play into the next round of the appeals process—which, by the way, the plaintiffs intend to pursue.

Will the Seminole Tribe Relaunch Florida Sports Gambling Services?

The answer to this question remains as murky as ever. It became pretty clear the Seminole Tribe would not roll out Florida sports betting again until they journeyed deeper into the litigation process. Since then, a stay on sports gambling services has been issued and, now, lifted. That sure seems to qualify.

Still, the Seminole Tribe has been relatively mum on the subject. Beyond cookie-cutter statements reiterating their stance—and celebrating this latest decision—they haven’t tipped their hand.

Many legal experts continue to believe they’ll wait for the entire legal process to play out. But they’re no longer in danger of offending the Supreme Court’s sensibilities by relaunching their mobile and on-site applications. That’s a big deal.

Equally huge: There’s plenty of money to be made. Online NFL betting is in full swing. Ditto for betting on college football, betting on the 2023 World Series, betting on the NBA and betting on the NHL.

In fact, now is the busiest possible time on the sports calendar. All four major North American sport leagues are active. Even if the Seminole Tribe ends up only being able to offer online Florida sports betting for the next couple of months, that could still amount to millions of dollars in revenue. Alas, we can’t know their next move until they actually make it.

What’s Next for the Legal Battle Over Florida Sports Betting?

Although some will confuse this latest decision as a conclusion to the Florida sports betting battle, it is more like a continuation. There is still a case pending before the Supreme Court on the matter. Also, according to Politico, the plaintiffs have made it clear they intend to “pursue a full-blown appeal before the high court.”

Just like every other part of this process, there’s a chance the next stage drags out for months. It could be even longer than that. And if a decision isn’t reached within the next couple of months, it could set back the Florida sports betting timeline by years.

Indeed, that won’t be an issue if the Supreme Court rules the gaming compact doesn’t violate the Indian Gaming Regulatory Act. But if they find it does, Florida goes back to square one. And going that direction likely means they’ll need to seek legal Florida sports betting through a constitutional amendment. For that to happen, a bill must appear on a general election ballot. If there isn’t one in place for the November 2024 elections, then the state won’t be able to amend the constitution before 2026.

Of course, we’re looking too far ahead. Nobody quite knows what to expect next. For now, though, the Seminole Tribe is allowed to relaunch Florida sports betting. The question is: Will they?

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