Florida sports betting expecting a return following rehearing petition for their case

On the eve of the deadline, West Flagler Associates lodged a plea for an en banc rehearing in their ongoing sports betting lawsuit against both the Seminole Tribe of Florida and the US Department of the Interior.

While this move was anticipated by legal analysts, it’s important to note that this avenue is viewed as a less certain route and does not inherently guarantee a different result.

Consequently, the possibility remains that the Seminole Tribe could potentially reintroduce the Hard Rock Sportsbook for Florida’s sports betting prior to the NFL season kickoff on September 7, should a swift court decision ensue.

Florida Seminole sports betting case

The unanimous ruling by the DC Circuit Court of Appeals on June 30 overturned a prior District Court verdict that had halted sports betting operations in Florida.

The tribe conveyed this development on Monday through a spokesperson, emphasizing that the three-judge panel of the US Court of Appeals for the District of Columbia Circuit had issued an all-agreeing decision in favor of the US Department of the Interior. This decision upheld the approval of the Gaming Compact between the Seminole Tribe and the State of Florida.

Nonetheless, West Flagler still maintains the choice of pursuing a legal intervention within Florida’s legal system or presenting an application to the Supreme Court.

While SCOTUS petitions granted are few, it might hold value given the perspective of Baird Fogel, who leads the Global Sports Practice at Eversheds Sutherland; he views the existing Court as favorably disposed toward tribal matters and sports betting.

With seven of the present justices being part of the Supreme Court that invalidated the Professional and Amateur Sports Protection Act in 2018, establishing sports betting as a matter of state prerogative, the Court’s recent involvement in cases related to Native Americans indicates a heightened interest for Justice Neil Gorsuch.

Fogel expressed his anticipation that the Supreme Court might consider the case, given their pivotal role in the industry’s establishment in 2018; he believes the Court leans favorably toward business interests. Yet, venturing into this course involves significant costs and risks, a decision West Flagler must weigh carefully, Fogel added.

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