A Florida cardroom manipulator is asking a federal appeals courtroom to reversal its conclusion to uphold an correspondence that gives the Seminole folk scoop rights to sports betting inward the Sunshine State.
West Flagler Associates, which has spent nearly ii years fighting the Seminoles in court, lost lastly month inward the U.S. Court of Appeals for the Washington, D.C., Circuit.
In a petition for rehearing filed Monday, western United States Flagler said the D.C. Circuit Margaret Court venire erred when it determined that the Seminole Tribe’s sports betting organization does not go against the federal Amerind Gaming Regulatory Act (IGRA).
West Flagler asked for an “en banc” rehearing by all 11 judges on the D.C. Circuit.
In June, a three-judge venire unanimously ruled that IGRA does not prohibit the folk from accepting online wagers below its agreement with Florida.
Exclusive Access
The Seminole Tribe has sole(a) flop to run Las Vegas-style cassino gaming with house-banked tabulate games in Florida. It owns and operates a half-dozen casinos inward the state, including the Seminole Hard Rock Hotel & Casino Hollywood and Seminole Hard Rock Hotel & Casino Tampa.
In 2021, the federation of tribes reached an correspondence with Everglade State Gov. Bokkos DeSantis (R) to follow a young 30-year pack that would give the federation of tribes a monopoly on sports betting inward the state.
West Flagler, which operates the Bonita Springs Poker Room inward due south Florida, says the system violates federal prohibitions on off-reservation gaming as fountainhead as the Constitution’s equalize protection clause.
An ‘Obvious Ruse’
The Florida-Seminole thick allowed the tribe to have bets from anyone within the commonwealth but stated that the bets would be considered to follow received on tribal lands, where the tribe’s sportsbook servers are located, making the system permissible below the say constitution.
“This was an obvious ruse,” Dame Rebecca West Flagler argued in its filing. “It sought-after(a) to enjoyment the federal favorable reception of an IGRA stocky for gaming ‘on Amerind lands’ to confer a statewide sports betting monopoly on the Tribe, patch making such direct a felony for all other persons. The Compact was thusly an blackguard of IGRA to get around a province constitutional requirement. It was also a violation of the Equal Protection Clause.”
In response to the filing, the Seminole Tribe reportedly reiterated that the D.C. Circuit panel’s determination was unanimous inwards its favor. “It’s of import to promissory note the trey Judge panel of the U.S. Margaret Court of Appeals for the District of capital of South Carolina Circuit issued a unanimous conclusion inwards favor of the U.S. Department of the Interior, which approved the Gaming Compact betwixt the Seminole Tribe and the State of Florida.”
The D.C. Circuit had not ruled on Rebecca West Flagler’s move as of Tues evening. If the lawcourt declines to schedule an nut banc hearing, the company’s lowest remaining option would live to require for the Supreme Court to intervene.
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