The Florida Supreme Court has dealt a significant setback to West Flagler Associates’ efforts to curtail sports betting operations by Hard Rock Bet in the state. The legal dispute, which has persisted for nearly two years, was intensified when West Flagler filed a motion earlier this month aimed squarely at putting an end to Hard Rock Bet’s online sports wagering services in Florida. The motion sought the court to use its extensive jurisdiction to suspend online sports betting services expeditiously and requested that the suspension remain in effect until a final decision is reached on their petition for a writ of quo warranto.
West Flagler’s argument rested on the premise that sports betting should be paused until the judicial system could thoroughly examine and rule on the legitimacy of the sports betting operations conducted by the Seminole tribe-owned Hard Rock Bet, which had gone live on November 7. Exclusivity was given to existing customers and the operator’s loyalty program members for early access.
Despite these legal maneuvers, the Florida State Supreme Court conveyed through a concise notice that it would not accede to West Flagler’s request. The terse statement from the court on November 17 simply read, “The ‘Motion to Expedite Consideration of Request for All Writs Relief Pending Resolution of Petition for Writ of Quo Warranto and Suspend the Sports Betting Provisions’ is hereby denied,” thus allowing Hard Rock Bet to continue its newly commenced online sports betting operations. Following this denial, West Flagler retains the right to issue a petition in response to the court’s decision.
West Flagler had taken issue with the manner in which Hard Rock Bet introduced online betting in Florida, criticizing the operator for failing to adequately announce the launch, alleging that the operator had focused on casino games as sanctioned under the 2021 compact at tribal casinos during its initial announcement. The Seminoles did announce the return of sports betting in Florida, but specifying that it was restricted to its land-based properties such as the Hollywood Seminole Hard Rock Hotel & Casino and others, with sports betting set to start on December 7.
The core of West Flagler’s argument revolved around their belief that the Seminoles did not sufficiently disclose their intentions to offer off-reservation mobile betting, stating in their motion, “Nowhere did the tribe mention off-reservation mobile betting. The widespread understanding was that the references to sports betting were in-person sports betting.” The company accused the tribe of creating a distraction with their announcement on November 1, and then swiftly launching a complete online betting operation by November 7. West Flagler stressed that the only feasible solution was an immediate suspension of off-reservation sports betting provisions, but their plea has fallen on deaf ears.
This legal strife traces its roots back to 2021 when the State Governor, Ron DeSantis, signed a gaming compact that bestowed upon the tribe exclusive rights to offer sports betting in Florida. Nevertheless, this launch was impeded in December 2021 when the District of Columbia found that the compact did not adhere to the Indian Gaming Regulatory Act (IGRA). West Flagler, alongside Bonita-Fort Myers Corporation, had raised concerns about the validity of offering sports betting through servers located on tribal land.
As the legal saga ensued, West Flagler escalated its challenges in August by filing a rehearing petition over a lost case against the Secretary of the Interior, Debra Haaland. Again in September, West Flagler initiated a legal confrontation against both Governor DeSantis and the Florida state legislature, questioning whether they possessed the authority to ratify the 2021 gaming compact.
Despite their efforts, their cause was further weakened when in October, the US Supreme Court dismissed West Flagler’s motion to stay the operations. Though not entirely clearing the field for the Seminoles, it at least granted them a temporary opportunity to get Hard Rock Bet’s sports betting off the ground just weeks later.
The latest ruling by the Florida State Supreme Court seems unlikely to end the controversy surrounding sports betting in Florida. Instead, it marks another chapter in a tumultuous legal battle with potential ripples into the future of sports wagering in the state.
