Florida Looks to Dismiss Lawsuit Challenging Gaming Compact

The Sunshine State is looking to save its sports betting market.

Florida Attorney General James Uthmeier’s office has filed a motion to dismiss a lawsuit challenging the state’s 2021 gaming compact. The plaintiff, Protect the Constitution LLC (PTC), is accusing the deal of violating the state’s constitution and is seeking to have it voided. Lawyers from the AG’s office argue that the group is miscontruing the language of the law, which was already reviewed and ruled on in previous lawsuits.

A Leon County judge will now review the motion before determining if the lawsuit has merit.

No Public Vote Over Compact

The center of PTC’s argument revolves around the lack of a public vote before the gaming compact was signed in 2021. The group pointed to a constitutional amendment approved by voters in 2018. It calls for a vote to be held before the state can expand casino gaming, which the PTC believes includes sports betting.

Florida’s motion to dismiss points to a subsection of that amendment, which says it can’t be used to limit the ability of Native American tribes to negotiate new compacts with the state. With the Seminole Tribe signing the compact and hosting online sportsbook servers on tribal lands, the state argues it isn’t subject to the amendment. 

Questions over What “Casino Gambling” Includes

The biggest question in this battle may be what qualifies as “casino gambling.” This is the phrase used in the amendment that the PTC cites, but the state argues that it doesn’t include sports betting. Instead, the language is intended to focus on casino games, such as blackjack, poker, and slots.

The PTC believes that sports betting has become a staple of casinos across the US. The group also points to the timing of the amendment, which was approved the same year as the US Supreme Court paved the way for legal sports betting. Given the timing of the vote, they believe Florida residents had sports betting in mind when they overwhelmingly approved the amendment.

Different Plaintiff, Same Battle

The PTC’s lawsuit is just the latest in a long line of legal battles over the controversial state’s gaming compact. Legal challenges delayed the launch of online sports betting by about two years as courts weighed in on the validity of the compact.

While the constitution has been at the center of these legal challenges, it isn’t the only motivation for the opposition. Many groups sought to allow commercial entities to obtain sports betting licenses. They feel like the state cut them out of the new market, creating a monopoly that hurts Florida bettors. 

While PTC is a new plaintiff, it seems likely that they have some of the same backers as previous challenges.