Posted: November 25, 2021, 11:51 NS.
Last updated: November 25, 2021, 08:41 NS.
UPDATE (3:45 pm ET) – This article has been updated to include information on an emergency appeal by the Seminole Tribe of Florida to the US Circuit Court of Appeals for the District of Columbia for the stay of U.S. District Judge Doveney Friedrich. .. Orde.
A federal judge ruled against the Seminoles at the end of Wednesday when the Seminoles refused to issue an order stay from the beginning of the week. The ruling declared a modified gambling compact for the tribe that Florida is illegal.
Nonetheless, Seminole Gaming's Hard Rock Sportsbook seems to be still betting in Florida on Thursday morning, ahead of the weekend of football's biggest regular season.
The modified Game Compact has given the Seminoles exclusive rights to sports betting throughout the state. However, at the end of Monday, US District Judge Dobney Friedrich of the District of Columbia invalidated the entire compact. In her ruling, she said the agreement violated the Indian Gaming Regulatory Act (IGRA) because it included games on tribal lands.
The Seminoles who tried to intervene in the case applied for less than a stay. A few hours later, I asked for a decision by Wednesday. Friedrich denied it on Wednesday, saying that the sovereign state did not show "substantial potential" to succeed in the case and "could not identify serious legal issues" necessary for the stay.
The tribe also claims that in this case the secretary improperly expressed its interests ... but the secretary shares the tribe's position on the interpretation of IGRA. "The judge wrote.
Florida will lose an estimated $ 2.5 billion in revenue over the next five years as the entire compact is disabled.By then you will lose $ 6 billion in revenue. .. In addition to legalizing sports betting, the modified compact also gave the Seminoles the ability to offer roulette and dice table games at their casinos. It also gave the tribe the right to open a new casino on the tribe's land.
The Seminoles also appealed Friedrich's decision to the DC Circuit Court of Appeals.
Seminoles say it is possible to reduce staff without staying
On Thursday afternoon, a tribal lawyer filed an emergency appeal with the Court of Appeals. They then urged the judge to stay in Friedrich's order, also in the same court, "holding the resolution of a significant legal issue presented in a tribal appeal."
At the time of submission, the Seminoles stated that Florida supported the move. Plaintiffs oppose the bill, but defendants take no position on the matter.
According to Thursday's filings, the "Three Sovereigns and Five Emperors" state that the compact is compliant with Florida and federal law, so the stay is most beneficial to the public interest.
"The opinions and orders of the district court's memorandum had an immediate chilling effect on the activities of the tribe," the emergency appeal said. "Tribes and states will lose millions in income losses and income distribution payments, and hundreds of jobs may be lost or temporarily dismissed until the appeal resolves these issues. there is."
Tribal leaders called for a quick review of the case and called for a motion decision by December 3, a week after Friday. Further delays will cause further harm to the tribes and states, according to Seminole authorities.
Plaintiffs oppose attempts to intervene by the Seminoles
As the case progresses to the level of appeal, the plaintiffs' lawyers in the case expect Seminole lawyers to try to stay and eventually become more willing to overturn the ruling.
I don't think they have a good basis for seeking (stay), but I expect them to ask for it. "Hamish Hume, a partner of Boies Schiller Flexner,Casino.org
Said in an interview with. Wednesday. "Their full effort is to use sovereign immunity as a sword to prevent courts from exercising judicial review, even beyond what the Secretary of the Interior considers compact.
"They don't want to fight this problem with merit because they know they will lose with merit."
Hume stands for Magic City Casino and Bonita Springs Poker Room. Two Florida-based Paris Mutuel-style operators sued U.S. Interior Ministry and Secretary of the Interior Deb Haaland in August, claiming that Compact violated IGRA 33-US tribal games. Federal law a year ago to oversee.
He added that he did not believe that sovereign states should be allowed to do so while the Seminoles were trying to intervene.
"It's a case that challenges federal approval," he said. "We really don't think they have a prejudice, as the government defends it and the tribes continue to defend the legal debate in the executive branch, so this Is a pure question of law: is this legal? And the question is as easy to determine as it is inside the case, as it is outside the case. "
Hume is not surprising separability is not considered
Plaintiffs' proceedings seek to invalidate the entire compact. But they also said that the only provision they fought was the aspect of online sports betting, which harmed Magic City and Bonita Springs.
In a discussion earlier this month, Hume said the early release of the sports betting app on November 1st affected the collective handle of Magic City and Bonita Springs within a few days.
With the provision of compact online sports betting, the Seminoles can also establish partnerships with parimutuel-style operators who host sports betting kiosks at the facility. Jim Allen, CEO of Seminole Gaming, said there is a lot of interest in hub-and-spoke networks, but Magic City and Bonita Springs are unlikely that the costs associated with the deal will benefit them. Said.
Friedrich pointed out in her ruling that the federal government did not claim separability in its discussion and decided not to cut only the online sports betting part. Hume saidCasino.orgThe case, which is usually heard under the Administrative Procedure Act, is usually upheld or invalidated by the full decision of the agency.
"I think it's a relatively new issue whether the court can only disable online sports betting," he said. "So it wasn't too surprising that she decided not to go there."
When will the Seminole Compact Case be decided?
It has long been expected that the party who lost the case in Friedrich's court would appeal the case. All decisions made by the Circuit Court of Appeals may be subject to Supreme Court review.
The problem now is all these timings.
If the incident was accelerated, Mr. Hume said decisions at the circuit level could be made within a few months. If not processed quickly, it can take up to 6 months or more to make a decision.
"There is a lot of variability there," he said. "It could be longer."
Google blocks sports betting ads in Florida
The Hard Rock Sportsbook can be downloaded from the Google Play store as of Thursday morning, but online giants have changed their online advertising policy to block sports betting ads in Florida.
The changes took effect on Wednesday, according to Google's announcement on the ad policy help page.