West Flagler’s Response to Florida Sports Betting Appeal

Florida sports betting has been suspended for almost a year after having a quick launch through Hark Rock Sportsbook. The case which was appealed earlier this year was still in the process, and the involved parties are currently exchanging written arguments. West Flagler Associates, the Miami-based racing and track company, wasted no time in filing a 110-page response to the defendant’s cry for overturning the previous decision.

The appellants, who are seeking to have the legal wagering suspension in Florida overturned, would likely need an act of divine intervention at this point to be successful; West Flagler’s brief is that comprehensive and convincing and it doesn’t look good for those hoping to see sports betting Florida reinstated soon.

West Flagler Associate’s Response

It’s been nearly a year since legal sports betting in Florida was put on hold, and it looks like that might be the case for a little while longer. The case is still ongoing and West Flagler immediately hammered its response after seeing the weak spots in the U.S. Dept. of the Interior’s (DOI) arguments.

Earlier this month, the DOI submitted its arguments that are centered around asking the D.C. Circuit Court of Appeals to favor the plaintiff. It amplified that the appellate court’s decision to void the gaming compact due to violating the federal Indian Gaming Rights Act (IGRA) is incorrect.

The Seminole Tribe of Florida also emphasized its case on why the lower court does not allow them to participate in the case West Flagler Associates v. Haaland, et al.

The debate over whether or not Florida can revive its sports betting industry continues, with both of the DOI and Department of Justice (DOJ) relying on a strategy of separating in-person and online aspects in the eyes of the court. However, West Flagler contends that what they are aiming for is not possible.

“This contorted position requires the Court to ignore what the Compact actually says, and the obvious attempt of the compacting parties to obtain the imprimatur of IGRA to authorize gaming off Indian lands as if it occurred on Indian lands—federal authorization that was necessary, from the perspective of the Tribe and Florida, because state law did not permit such gaming.”

Imprimatur is a Latin phrase meaning “that which indicates approval,’ and in this context, it refers to the court’s acceptance of one premise as true. The Indian Gaming Rights Act (IGRA) can itself authorize gaming on lands not held under federal trust for recognized tribes, however, allowing gaming off these lands is not permitted in the state.

What Could be Expected

First of all, this is not looking good for the defendants as West Flagler indicated a couple of solid theories against their arguments.

Second is that the DOI and DOJ’s response is expected on or before November 14. However, other filings related to the case may also be expected from other parties which are interested to support either side.

No oral arguments are not yet scheduled nor is the timetable for the court’s decisions. It is also uncertain if the Tribe will be allowed to join the case.

Lastly, the probability that the court decision last year will be overturned seems to be unfavorable for those who are hoping for legalized sports betting in Florida. The next arguments of the defendants will be crucial as the plaintiff is currently putting some pressure by giving solid reasonings.