Wisconsin Group Seeks to Block Online Sports Betting Law

Wisconsin’s online sports betting market may have taken the first steps towards launching, but the road ahead remains far from smooth.

This week, the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit in Waukesha County, asking the court to block the launch of mobile sports betting. The group argues the state is violating the Equal Protection Clause and the Wisconsin Constitution by legalizing the industry through a tribal-centered hub-and-spoke model. 

As a result, it hopes the court will block the state from implementing it, declaring the new law unconstitutional. 

“Thirty-three years ago, Wisconsinites expressed through a constitutional amendment that the Legislature may not expand gambling in any form,” WILL Associate Counsel Kirsten Atanasoff shared in a press release. “Neither lawmakers nor Governor Evers are allowed to flout that constitutional limit. This lawsuit ensures that elected officials remain accountable to the people of Wisconsin by upholding the constitutional limits the people, themselves, called for.”

WILL’s lawsuit echoes concerns from other groups over Wisconsin’s decision to hand sole control of the new industry over to the tribes. They fear it will deter commercial operators from entering the new market, leading to less tax revenue and a worse experience for bettors. 

Governor Tony Evers is currently negotiating with Wisconsin’s gaming tribes to set a timeline for online sports betting to go live.

Strong Opposition to Act 247 Remains

Support for online sports betting has been strong in Wisconsin, but there has been a massive rift over the market’s framework.

Initially, lawmakers had hoped to launch a competitive online market with operators like DraftKings and FanDuel. However, this effort led to fierce pushback from the state’s gaming tribes, which currently offer limited retail sports betting. This fight led many lawmakers to rethink their efforts, believing tribal support was the only path to legalization.

While the strategy paid off, it continues to face plenty of opposition. Several prominent former and current lawmakers have spoken out against Act 247, believing it would create a de facto monopoly and keep commercial operators out. This would lead to fewer promos and worse pricing, incentivizing Wisconsinites to seek out other options to wager on sports. 

Since Act simply authorized Evers to negotiate a new tribal gaming compact, there remains time for opponents like WILL to continue their fight.