Legalization Of Online Sports Betting In Florida Could Be Stalled For Violating Federal Laws

The plaintiffs take issue with Florida's interpretation of what it means to place a sports wager on Indian lands.

onJuly 7, 2021 at 4:46 PMJuly 7, 2021 at 2:53 PM

People residing in Florida were hoping that they would be able to start placing wagers on the outcome of sporting events from the comfort of their homes before the end of the year. If a Florida-based casino and poker room have their way, then online sports betting will not be an option for Florida constituents any time soon.

On July 2, Magic City Casino and Bonita Springs Poker Room filed a complaint in the U.S. District Court for the Northern District of Florida in an effort to enjoin Florida from moving forward with its Indian Gaming Compact with the Seminole Tribe of Florida, as originally planned. The main problem with the Indian Gaming Compact, per the plaintiffs, is that it seeks to authorize sports betting outside of the Seminole Tribe’s premises, which is a violation of federal law.

The plaintiffs take issue with Florida’s interpretation of what it means to place a sports wager on Indian lands. They say that to place a sports wager on Indian lands means that the person making the bet must be physically on the territory, while Florida has taken the position that people can be anywhere in the state when they place the bet, because the online wager is routed through the servers and devices that are based on the Seminole Tribe’s reservation. This is referred to as “legal fiction” by the plaintiffs.

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From Pilot and Above The Law

Magic City Casino and Bonita Springs Poker Room allege that the Indian Gaming Compact violates three laws: (1) the Indian Gaming Regulatory Act (IGRA); (2) the Wire Act of 1961 (Wire Act); and the Unlawful Internet Gaming Enforcement Act (UIGEA).

Darren Heitner is the founder of Heitner Legal. He is the author of How to Play the Game: What Every Sports Attorney Needs to Know, published by the American Bar Association, and is an adjunct professor at the University of Florida Levin College of Law. You can reach him by email at heitner@gmail.com and follow him on Twitter at @DarrenHeitner.