Uncertainty Remains Around Potential Florida Sports Betting Launch

Sep 9, 2023; Gainesville, Florida, USA; Florida Gators running back Montrell Johnson Jr. (2) rushes with the ball after a handoff from Florida Gators quarterback Graham Mertz (15) during the first half against the McNeese State Cowboys at Ben Hill Griffin Stadium. Mandatory Credit: Matt Pendleton-USA TODAY SportsThe decision to grant a stay of the D.C. Circuit Court’s Florida sports betting mandate was not made during a potential Monday, Sept. 18 deadlineThe D.C. Circuit Court may be waiting for a response from the U.S. Department of Interior to the stay request, according to legal expertsA deadline for a response is Thursday, Sept. 25

A key deadline yesterday for a potential Florida sports betting launch came and went with no movement, as uncertainty abounds regarding an official mandate for a gaming compact that gives the Seminole Tribe exclusive control over sports betting in the state.

A decision on a request from West Flagler to stay a U.S. Court of Appeals for the District of Columbia mandate restoring a 2021 Florida Gaming Compact was expected yesterday, but no official ruling was filed.

The delay has yet again pushed back a potential Florida sports betting launch, perhaps as much as several weeks, according to legal experts.

Potential Reasons for Delay

Daniel Wallach, a gaming law attorney, Founder of Wallach Legal and UNHLaw Sports Wagering, noted on his X feed today that the D.C. Circuit Court has specific rules that apply to the motion for a stay. A decision was expected on Monday, but as it was not levied the court may be waiting for a party to file a response to the motion.

One possible explanation for the delay in the D.C. Circuit’s ruling — under its rules, a motion to stay issuance of the mandate will not be granted until after the 10-day response period has passed. pic.twitter.com/e7nXAGHrdK

— Daniel Wallach (@WALLACHLEGAL) September 19, 2023

The rule Wallach points to allows parties to file a response to a motion of stay within 10 days of the stay being requested. West Flagler filed for the stay on Sept. 15, so the U.S. Department of the Interior has until Sept. 25 to file a response to the motion if it chooses to do so.

The court does not have to wait the full 10 days for a response if it decides to deny the motion for a stay.

While weighing West Flagler’s request for an en banc hearing last month, the U.S. Court of Appeals for the District of Columbia requested a response from the Department of the Interior. After receiving the response, the D.C. Circuit Court took 11 days before denying the en banc rehearing.

SCOTUS Likely Next

In its stay filing, West Flagler revealed it would be pursuing a writ of certiorari to hear the case with SCOTUS. The plaintiffs have a 90-day window, which began on Sept. 11, to pursue a write of certiorari by a Dec. 11 deadline.

West Flagler requested the D.C. Circuit court “stay the mandate for a sufficient period of time to permit Appellees to apply for a stay of the mandate from the Supreme Court.”

According to Wallach, if this extra time is allowed it would delay the issuance of the mandate by “Oct. 5th at the earliest.”

Indeed, West Flagler has alternatively requested that the D.C. Circuit stay the mandate for “a sufficient period of time” to allow it to seek a stay of the mandate from #SCOTUS. If extra time is allowed, the mandate would likely not issue until Oct. 5th at the earliest. pic.twitter.com/cY3ECfrcaz

— Daniel Wallach (@WALLACHLEGAL) September 19, 2023

Additionally, Wallach said SCOTUS typically takes between 7 to 22 days to “decide an emergency application to stay the issuance of an appellate mandate.” This means it could extend the evaluation period of the stay request to late October.

With so much still up in the air there is no clear pathway right now to determine when the stay will be granted or when Florida sports betting could potentially launch. The Seminole Tribe will likely not launch Florida sports betting until the official mandate goes into effect, and right now there are too many unknowns to determine when that date will be.

We’ll continue to follow along as new developments emerge.

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