Lawsuit Filed Challenging Wisconsin’s New Online Betting Law

Online sports betting in Wisconsin has already hit its first speed bump.

The Wisconsin Institute for Law & Liberty (WILL) has filed a lawsuit against the state, accusing it of illegally expanding sports betting. It challenges Act 247, which gave Governor Tony Evers the ability to negotiate a new tribal gaming compact to include mobile sportsbooks. The lawsuit claims the new law violates the state’s own constitution, as well as the Equal Protection Clause.

Wisconsin lawmakers passed Act 247 back on April 9, 2026. No agreement has been reached over a new gaming compact.

Lawsuit Alleges Two Major Violations

In WILL’s lawsuit, the group cites two significant violations Wisconsin lawmakers committed when passing Act 247.

The first issue the group cites involves the lack of public input.  The lawsuit says this violates the state’s constitution, which does not allow the state legislature to expand gambling without a vote. 

WILL Associate Counsel Kirsten Atanasoff highlighted this issue in a press release after the lawsuit was filed in Waukesha County. 

Thirty-three years ago, Wisconsinites expressed through a constitutional amendment that the Legislature may not expand gambling in any form. Neither lawmakers nor Governor Evers are allowed to flout that constitutional limit. This lawsuit ensures that elected officials remain accountable to the people of Wisconsin by upholding the constitutional limits the people, themselves, called for.

The second alleged violation involves the Equal Protection Clause. WILL says the state violated this law by handing sole control of online betting over to the tribes, preventing other entities from pursuing licenses. This discriminates against non-tribal entities, therefore violating it. 

IGRA vs. Constitutional Amendments

While WILL’s lawsuit makes its case seem fairly straightforward, the actual situation is far more complex.

The group is correct in citing Wisconsin’s constitution and its rules around expanding gambling. If the state had passed a bill that would have allowed it to start licensing operators, this case would be easily won. However, that isn’t what Act 247 actually did.

To avoid the high requirements for a constitutional amendment, Wisconsin lawmakers decided to propose gambling expansion under the Indian Gaming Regulatory Act. As a result, Act 247 doesn’t actually expand gambling, but instead authorizes the Governor to renegotiate the state’s tribal gaming compact. This is fully legal under the federal law governing tribal gambling, which exists outside of the state constitution. 

Following in Florida’s Footsteps

If the situation in Wisconsin sounds familiar, it's because a similar situation has been playing out in Florida over the last five years.

The Sunshine State was the first to adopt the tribal-centric “hub-and-spoke” framework for online sports betting. This handed control of the massive market to the Seminole Tribe, keeping rival operators out. Florida faced years of legal battles over this strategy, which forced the online market to shut down for around two years. 

Wisconsin closely followed Florida’s lead when creating Act 247, and now it is facing similar legal challenges. Fortunately, the Midwestern state should benefit from the legal precedents set by the Florida fight. However, with the compact still being negotiated, plenty of time remains for opponents to stop it.