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Florida Sports Betting Updates: Federal Government States Seminole Compact Complies with IGRA, State Law

Florida Sports Betting Updates: Federal Government States Seminole Compact Complies with igra, State Law
 

The modified Florida Gaming Compact by the Seminole Tribe of Florida, which the federal government deems approved earlier this year, does not violate the Indian Gaming Regulatory Act (IGRA). That's despite the fact that interior ministry officials allow federal law to place bets based on the place of the bettor.

Florida sports betting
US District Judge Dabney Friedrich welcomes Seminole Florida to offer mobile sports betting throughout the state. That's after federal authorities submitted the information requested by the judge at a hearing last week. A modified Seminole gambling compact legalized sports betting earlier this year, but two parimutuel operators and an anti-gambling organization filed a proceeding to prevent at least part of the agreement. I did. (Image: DonkeyHotey / Flickr)

This may seem to indicate that federal authorities have acknowledged the issue raised by Florida-based parimutuel operator. They are calling on US district judges in the District of Columbia to block certain provisions of the Seminole Compact. However, federal lawyers say the agreement aimed at giving Seminole the exclusive right to run sports betting was properly processed.

In a memorandum filed in the DC Federal District Court late Monday, Secretary of the Interior Deb Haaland and Rebecca Ross, a lawyer for the Department of Justice on behalf of the Interior Ministry, claimed that Magic City Casino and Bonita Springs Poker Room had no opposition. government.

Ross said Paris Mutual's claim to bet from tribal lands was not allowed by the IGRA 33-Federal law a year ago regulating Indian games was how tribal compacts "Reflects a misunderstanding" about whether it works.

States and tribes are free to specify where the game is played for state or tribal law. In addition, IGRA is a game activity where tribes and states are treated compactly in accordance with federal law, including IGRA. It allows us to assign jurisdiction and regulators to it. "Defendant's memo states.

The federal submission was in response to a request from Judge Doveney Friedrich of the US District Court at a nearly two-hour hearing on Friday. It was about summary judgment or injunction petition sought by Magic City and Bonita Springs.

Federal authorities want the case to be dismissed.

Interior Dept. Deemed Florida Compact Approved

The Paris Mutual operator filed a proceeding in August. They argued that the compact provision would give Seminole the right to online betting throughout the state. Tribal game leaders can also establish a "hub and spoke" system with Paris Mutual. This violated federal law as the bet would move away from the tribal land.

Sports betting was illegal in Florida before Governor Rondesantis and Seminole Chairman Marcellus Oceana Jr. signed the modified compact in April. The vote taken by lawmakers to pass the compact during the May special session also served as a vote to legalize sports betting in the state.

After a 45-day review period, federal authorities have either disapproved or rejected the compact. By law, it meant that federal authorities considered it approved if it matched IGRA. Interior officials notified Seminole and Florida leaders of the decision in early August.

By giving the Seminoles state-wide sports betting rights and additional table games at the casino, Florida will spend $ 2.5 billion over the next five years.Will receive $ 6 billion. ..

Pari-mutuels already claim damage from sports betting

In this case, plaintiffs do not claim that Seminole cannot offer sports betting at tribal casinos. But by giving the tribes state-wide rights, parimutuel operators say they hurt them because they can't offer themselves to their customers.

At a hearing last Friday, a lawyer for a parimutuel operator said that the daily handle was 35 percent after Seminole went live on November 1st at the soft launch of the Hard Rock Sportsbook.

However, the Amicus Brief submitted by Florida Attorney General Ashley Moody last month needs more attention. The state states that the IGRA allows states and tribes to include "other subjects directly related to the operation of gaming activities" in compact negotiations.

"Bets and bets by individuals physically separated from Indianland are directly related to the operation of online gaming activities physically contained in Indianland," Moody said in an overview. .. "Therefore, they are explicitly an acceptable subject of compactness."

Other parties involved in the case

The two parimutuel operators and the federal government are listed as plaintiffs and defendants, respectively. However, other parties are also involved in this case.

The Seminoles tried to intervene in the case and demanded that it be dismissed. Tribal leaders claim that they have the right to participate in the proceedings because the outcome directly affects their interests.

In addition, Florida's anti-expansion gaming group, called "No Casino," has organized another federal proceeding in DC. Organizations and other individuals claim to violate the amendments to the Florida Constitution and are calling for blocking the entire compact. This amendment, ratified by voters in 2018, requires the expansion of casino games to go in front of voters. Friedrich also heard their discussion of compacts at a hearing on Friday.

In another submission in that case, also submitted on Monday, the federal government revealed its stance. It would be possible for Florida to negotiate with the Seminors to give sovereign states exclusive rights to sports betting and allow the tribes to offer roulette and dice table games at Class III casinos under IGRA and other federal laws. It states that it does not violate the provisions of the Constitution.

Indeed, tribes across the country play certain forms of games in exchange for offering state revenue-sharing payments through compacts, and monopoly rights are justification to enable such revenue-sharing. "The government insisted.

Florida officials also filed an Amikas brief last week in a "no casino" proceeding.

In its overview, Moody points out that the referendum voters 1200 passed include an Indian carve-out exception. The tribes negotiating Class III will be compact with the state.

"The language explicitly allows the state to enter the IGRA compact with Indian tribes without a referendum," wrote Moody, who added a bill sponsor. The Florida Supreme Court agreed with the interpretation.

Showdown in state court?

The essence of the two Monday submissions from the government is that the interior authorities have followed federal law accordingly. Most of the claims made by parimutuel operators and anti-expansion game parties are related to state law.

Federal courts can rule on state law, but Ross urged both filings to abstain if Friedrich had questions or to reject state issues in the Amikas Briefs.

"Plaintiffs can and need to resolve these issues in appropriate state forums, so courts should consider refraining from answering such questions."Ross wrote."Sure, many of the claims and remedies sought in these cases are related to state and state law, so state forums would be more appropriate for such challenges."

At a hearing last Friday, Friedrich said he would make a decision by next Monday. However, she also offered the possibility of asking plaintiffs for a response if she felt it was necessary. The request will arrive by Thursday, if necessary.

Regardless of how Friedrich ruled the case, even if one of the plaintiffs filed a case in a Florida court, the case is likely to go through a federal court system. This is because it can affect the way states and tribes negotiate future compacts.

Federal Lawyer: No "Gamemanship" 191790

 

Through the hearing, Friedrich publicly expressed her dissatisfaction with the answers submitted by the federal government and the answers Ross gave her. Friedrich was surprised that the federal lawyer did not follow the briefing schedule she offered when plaintiffs filed a summary judgment or an injunction.

Towards the end of the hearing, the judge wondered if the government's actions were intentional. Ross stated it in the footnote of her reply.

"That is certainly not the intention, and the lawyers pay homage to their engagement in gamemanship. The lawyers have sincerely asserted their position on behalf of the federal defendants and this court. Focusing on the issues that the federal defendants deem necessary to resolve the proceedings, including their jurisdiction, they sought to narrow the proceedings rather than delay them, "said the footnote.


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