West Flagler Archives

December 4, 2023

DeSantis team requests to dismiss petition against betting in Florida

Florida governor Ron DeSantis’ office has formally requested the state's Supreme Court to dismiss the lawsuit challenging sports betting in the state ahead of its scheduled expansion this week.

Attorney-general Ashley Moody claimed the petition brought by pari-mutuel betting operator West Flagler Associates is “unjustifiable”. The submission defended the state’s gambling compact between the Florida authorities and the Seminole tribe, which was signed in 2021.

Last month, the Seminole tribe, which has the exclusive right to offer gambling in Florida, re-launched its Hard Rock Bet service in the state.

Among the reasons Moody puts forward for the dismissal is the more than two years West Flagler took to submit its petition, following the signing of the gambling compact. Moody also argues that West Flagler’s petition for writ of quo warranto fails to meet legal standards.

Finally, Moody argues the petition is incorrect to claim sports betting is “casino gambling” as defined in th..

October 26, 2023

US Supreme Court denies West Flagler’s motion to stay

The US Supreme Court has denied West Flagler Associates' motion for a stay, giving hope to Florida's Seminole tribe for a sports betting relaunch in the Sunshine State.

Chief Justice John Roberts denied the motion to stay yesterday (25 October), which was described by the official Supreme Court blog as an “emergency application for stay”.

Brett Kavanaugh, Associate Justice of the Supreme Court, said in a statement that he agreed with the court’s decision.

“I agree that the stay application should be denied in light of the DC Circuit’s pronouncement that the compact between Florida and the Seminole tribe authorises the tribe to conduct only on-reservation gaming operations and not off-reservation gaming operations,” he said.

“If the compact authorised the tribe to conduct off-reservation gaming operations, either directly or by deeming off-reservation gaming operations to somehow be on-reservation, then the compact would likely violate the Indian Gaming Regulatory Act, as..

September 29, 2023

DC Circuit denies West Flagler’s motion to stay

The US Court of Appeals for the DC Circuit has denied West Flagler Associate's motion to stay.

The motion, which was filed last week, was objected to by the US Department of the Interior (DOI) earlier this week (26 September).

West Flagler’s request to stay was its latest attempt to block the Seminole Tribe of Florida from rolling out Hard Rock Bet. The Seminoles were permitted to exclusively offer sports betting in Florida in May 2021. This was after Florida’s governor, Ron DeSantis, approved a compact agreement with the tribe.

The DC Circuit Court of Appeals filed the denial yesterday (28 September).

“Upon consideration of appellees’ motion to stay issuance of the mandate pending the Supreme Court’s disposition of a petition for writ of certiorari or, in the alternative, to stay issuance of the mandate for a reasonable time to permit appellees to seek a stay from the Supreme Court, and the opposition thereto, it is ordered that the motion be denied,” read the filing.

Gary B..

September 26, 2023

West Flagler files challenge against DeSantis and FL legislature

West Flagler has filed a state constitutional challenge against Florida governor Ron DeSantis and the Florida state legislature.

This follows the US Department of the Interior (DOI) filing a challenge to oppose West Flagler’s motion to stay, which was filed last week. This motion to stay was a further attempt to keep Hard Rock Bet shut down as West Flagler prepares to appeal to the Supreme Court.

West Flagler’s latest challenge claims that DeSantis “exceeded his authority” when he agreed to a compact with the Seminole Tribe of Florida in 2021. DeSantis approved the compact in April 2021, and signed it into law the following month.

The compact gave the Seminoles exclusive access to offer online and in-person sports betting in Florida.

But in November that year, a judge for the District of Columbia ruled that the compact infringed upon the Indian Gaming Regulatory Act (IGRA). This reversed the initial agreement.

West Flagler also argues that the legislature exceeded its authority be..

September 18, 2023

West Flagler files motion to stay ahead of Supreme Court appeal

West Flagler Associates filed a motion in the US Court of Appeals for the DC Circuit to keep Hard Rock Bet shut down ahead of its appeal to the Supreme Court.

The filing by the two Florida pari-mutuel betting operators is the latest twist in the fraught legal battle questioning whether the Seminole Tribe are permitted to offer statewide online sports betting through their compact with the state.

West Flagler lost its case against secretary of the interior Debra Haaland in June, clearing the compact from federal objections. Following this loss, it appealed for a rehearing, which the court rejected.

In the motion West Flagler confirmed they would be seeking to appeal the case to the Supreme Court, confirming previous speculation.

If the court opts to deny the motion, then the Seminoles could launch online wagering through its Hard Rock Bet platform as early as tomorrow. Despite this, the tribe may prefer to wait and see how the case will proceed in the Supreme Court to remove legal a..

September 12, 2023

West Flagler mulls Supreme Court appeal after rehearing denied

After the DC Circuit Court of Appeals denied West Flagler's rehearing motion, the plaintiff will weigh up whether to appeal the matter to the Supreme Court.

In a one-sentence response to West Flagler’s petition the court denied the motion, in the latest twist for the two pari-mutuel betting operators seeking to challenge the Seminole Tribe of Florida’s compact with the State of Florida.

“Upon consideration of appellees’ petition for rehearing en banc, the response thereto, and the absence of a request by any member of the court for a vote, it is ORDERED that the petition be denied,” read the court’s statement.

West Flagler had been seeking an en banc rehearing, meaning the case would be heard by the entire bench of the court, as opposed to the panel of three that ruled in the original case, West Flagler Associates Ltd vs Haaland.

The outcome of the case saw the Seminoles permitted to offer mobile sports betting statewide by confirming the federal legality of the state’s “hu..

August 16, 2023

FL sports betting hits latest obstacle as rehearing petition filed

The relaunch of the Seminole Tribe’s Hard Rock Bet online sportsbook may face another delay, as pari-mutuel betting operator West Flagler Associates files a petition calling for a rehearing of the case it lost on 30 June.

On 14 August, West Flagler submitted a petition for rehearing to the DC Circuit court, following the betting operator’s loss in the recent West Flagler Associates vs Haaland case.

This case cleared the path for the Seminoles to offer sports betting statewide in Florida, by confirming the state’s “hub-and-spoke” model sports from federal objections.

West Flagler file en banc rehearing

West Flagler’s filing called for an en banc rehearing. This means the case would be reheard by all judges on the bench at the DC Circuit Court, as opposed to the panel of three that heard the original case.

According to the Yale journal on regulation, a successful en banc rebench petition is a rare event in the DC Circuit.

the dc circuit rarely grants a en banc rebench petition

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