DOI blasts West Flagler over Florida sports betting rehearing request
The US Department of Interior (DOI) has hit back at West Flagler’s “strawman arguments” over its request for a rehearing in the Florida sports betting case.
In a 25-page response, the DOI criticised the en-banc hearing request by two Florida pari-mutuel betting operators, after the businesses lost their case in the DC Circuit Court challenging the Seminole Tribe’s compact with the State of Florida.
The compact, through its “hub and spoke” model, grants Seminole the exclusive right to offer online sports betting in the Sunshine State. The tribe plans to launch the offering through its Hard Rock Bet brand.
the original ruling cleared the compact’s “hub and spoke” model from federal objections
‘Rehearing is unwarranted’
The department pushed back against the “erroneous assertions” of the pari-mutuels. It argued the compact does not legalise the placing of bets. As evidence, it highlighted that the court’s decision does not prevent the plaintiffs from challenging the compact in the s..
The US Department of Interior (DOI) has hit back at West Flagler’s “strawman arguments” over its request for a rehearing in the Florida sports betting case.
The compact, through its “hub and spoke” model, grants Seminole the exclusive right to offer online sports betting in the Sunshine State. The tribe plans to launch the offering through its Hard Rock Bet brand.
the original ruling cleared the compact’s “hub and spoke” model from federal objections
‘Rehearing is unwarranted’
The department pushed back against the “erroneous assertions” of the pari-mutuels. It argued the compact does not legalise the placing of bets. As evidence, it highlighted that the court’s decision does not prevent the plaintiffs from challenging the compact in the state courts.
A “rehearing is unwarranted”, concluded the DOI.
The DC Circuit now will decide whether to grant West Flager’s request for an en-banc rehearing. This would involve the entire DC Circuit bench of judges ruling on the case. This is opposed to the original panel of three that heard the case.
Successful en-banc petitions are rare in the DC Circuit, with only a small number of successful cases in recent years. If it fails, litigators will have the option of trying in the state courts or appealing up to the US Supreme Court.
The DOI emphasised this, pointing to case law saying courts should grant such petitions “only in the rarest of circumstances”.
“This case does not present that rare circumstance,” said the DOI.
The compact cleared the Seminoles to offer roulette and craps games at their casinos. The Seminoles on the other hand could launch online sports betting through servers on tribal land.
This was done, the judge argued, by effectively expanding gaming beyond tribal lands and that, as such, the DOI had no authority to authorise the compact.
