DOI Objection Delays Florida Sports Betting at Least a Week

Seminole Tribe Responds to Florida Sports Betting Rehearing

The Department of Interior objected to West Flagler Associates’ motion to stay the decision that would bring legal sports betting to Florida.
West Flagler has until Monday to file their response to the objection.
Legal Florida sports betting faces indefinite delay if the D.C. Circuit grants a stay to the mandate.

TALLAHASSEE, Fla. – The U.S. Department of Interior (DOI) objected to West Flagler’s motion to stay a mandate in the D.C. Circuit Court. The mandate would restore a 2021 Florida Gaming Compact between the Seminole Tribe and the state of Florida.

West Flagler Associates fights an uphill battle to prevent legal sports betting after a three-judge panel unanimously overturned the decision that invalidated the compact in late June. The overturned ban has major implications on the future of legal sports betting across the country, resulting in a long legal battle.

The Legal Florida Sports Betting Battle Rages On

If West Flagler’s motion to stay the mandate is denied, the battle may come to an end. West Flagler’s motion to stay their mandate with the D.C. Circuit is the first step towards bringing the case to the Supreme Court of the United States (SCOTUS).

However, the founder of Wallach Legal and gaming law expert Daniel Wallach believes the D.C. Circuit is unlikely to stay the mandate.

The odds are against West Flagler being able to persuade the D.C. Circuit to stay its mandate. To merit a stay, it would have to show that the SCOTUS petition would present a “substantial question” and there is “good cause” for a stay.

That’s a high burden. Here’s why:

— Daniel Wallach (@WALLACHLEGAL) September 16, 2023

A key takeaway from Wallach’s informative Twitter thread is the need for West Flagler to convince the D.C. Circuit there’s a “substantial question” and “good cause” for the stay. If they can’t do that, stay will be denied and legal Florida sports betting can return when the mandate becomes official.

Attorney Rachel Heron stated in the DOI’s objection that “A stay is not warranted because any such petition could present no substantial question for Supreme Court review.”

Eager Florida residents waiting to bet on the NFL will hope the D.C. Circuit agrees with Wallach and Heron. Legal sports betting won’t launch in Florida if a stay is granted.

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News tags: Daniel Wallach | Florida | NFL | Seminole Tribe | West Flagler Associates

Zach Kelly

Zach graduated from Florida State University with a degree in Writing, Editing, and Media. Zach is interested in the legalization aspect of sports betting and enjoys participating in DFS. He has a passion for sports writing and most enjoys writing about football and baseball both professional and collegiate.

Author: Bobby Lopez