Sports betting in Florida is once again under fire.
Protect the Constitution LLC (PTC) filed a new lawsuit against the industry in a Florida circuit court. The suit claims the state violated its constitution twice when agreeing to an exclusive gaming compact with the Seminole tribe.
First, the lawsuit points to a constitutional amendment requiring a public vote on any expansion of casino gambling. The PTC argues that sports betting falls into this category, but no vote was conducted.
Second, the suit alleges the state misinterpreted the Indian Gaming Regulatory Act (IGRA) when handing sole industry control over to the tribe. The law only allows for tribal gaming to occur on tribal lands. Florida decided it would apply to its compact with the Seminole since the online sportsbooks' servers would be hosted on tribal lands. The PTC lawsuit argues this is incorrect, since the actual betting would come from outside those lands.
These arguments echo lawsuits filed after the compact was agreed to in 2021. While they prevented the market from launching for almost two years, they ultimately failed in both federal and state courts.
While the PTC lawsuit uses arguments that failed years ago, things have changed. The lawsuits filed after the compact went into effect faced opposition from the public. Bettors in the state had been eager to be able to wager on sports, even if the Seminole-owned Hard Rock Bet was the only platform available.
Now that Florida’s online sports betting market has been operating for about two years, public sentiment may have changed. Hard Rock's lack of competition can lead to poor odds and fewer bonuses since the sportsbook isn’t incentivized to be competitive. With the excitement around launching the industry worn off, Florida bettors may not be willing to tolerate a monopoly much longer.
Public sentiment will not affect a legal ruling, but it could pressure lawmakers to take action.
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