Following a choice by the U.S. Court of Appeals for the District of Columbia District Monday, Difficult Rock Bet could go stay with its sporting activities betting system in Florida as soon as Sept. 19 if West Flagler and Associates, the plaintiff in the sports activities betting situation, does not acquire further more authorized motion.
The court docket late Monday afternoon denied West Flagler’s request for an en banc rehearing of the case. In accordance to the appellate court docket principles, the final decision turns into powerful on the eighth day following it is handed down, which would be Sept. 19.
The Seminole Tribe, which launched its Tricky Rock wagering system for 34 days in late 2021 in advance of shutting down due to courtroom order, could be on the cusp of a relaunch. When asked for comment, a Seminole Tribe spokesperson explained to Sports activities Handle by means of e-mail, “The Seminole Tribe of Florida is pleased with today’s denial of the request for an en banc listening to by the D.C. Circuit Court docket of Appeals.”
The U.S. Office of the Interior and a pair of parimutuels are battling in federal court in excess of the legality of a compact signed amongst the the point out of Florida and the Seminole Tribe. It centers on whether the DOI rightfully permitted the compact, which would give the tribe a monopoly on retail and electronic athletics betting in the point out.
“I will be surprised if this is the final that we have observed of this situation, but this avenue’s route appears to have strike a street block, if not a lifeless stop,” gaming guide Brendan Bussmann, a principal at Las Vegas-primarily based B2 International, told Sporting activities Tackle. “West Flagler has other possibilities, but I do see a route forward in which Challenging Rock might commencing using wagers until finally instructed or else.”
Supreme Courtroom could be next
Industry experts say it is possible that West Flagler will file the circumstance in the U.S. Supreme Courtroom and ask for a remain to prevent the tribe from launching. It’s achievable that the Florida parimutuels could file in point out court docket, and if so, they would probably request a continue to be in opposition to the Seminoles at that stage as properly.
West Flagler requested the rehearing on Aug. 14. Two times afterwards, the court docket asked for a response from the DOI, which it presented on Aug. 31. Traditionally, in cases in which a rehearing was granted, the courtroom has taken months to reply.
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Monday’s response was short: “Upon thought of appellees’ petition for rehearing en banc, the response thereto, and the absence of a ask for by any member of the court for a vote, it is purchased that the petition be denied,” it study.
The ruling was posted at 3:49 p.m. ET, kicking off a weeklong window for West Flagler to respond in advance of the Seminoles could launch their platform.
“While it definitely was quicker than I anticipated, I stated all alongside that the D.C. Circuit would deny WFA’s petition,” Bob Jarvis, a constitutional regulation professor at NOVA Southeastern who has been adhering to the scenario, instructed Sporting activities Tackle. “There seriously was no advantage to WFA’s ask for, and in any function, WFA was struggling with quite prolonged odds given how almost never petitions for rehearing en banc are granted.
“I undoubtedly hope WFA to now file a petition for certiorari with the U.S. Supreme Courtroom. It, too, will be denied, probable by the stop of this yr,” Jarvis predicted.
He went on to say that West Flagler could also file in Florida point out courtroom centered on the 2018 Modification 3, which calls for that any growth of gambling be put prior to voters. However, he mentioned he would also assume that obstacle to fail.
West Flagler lawyer Hamish Hume did not quickly react to cellphone inquiries from Sports activities Manage.
