TRIBAL GAMING
The Legality of the 2021 Seminole Gaming Compact MALLORY MATHIEWS REVIEWS THE LEGAL BASIS OF THE SEMINOLE TRIBE'S CLAIM ON THE EXCLUSIVE RIGHT TO ORGANIZE SPORTS BETTING IN FLORIDA
the federal challenges alleging that the 2021 Compact violates IGRA. In reaching a conclusion as to the legality of the 2021 Compact four approaches have been taken. First, an examination of the regulatory background and evolution of gaming law affecting Tribal and state authority; second, an exploration of the development and terms of the 2021 Compact; third, an examination of Amendment 3 and its specific carve-out for Tribal compacts in the Florida Constitution; and finally, an application of these analyses to the currently pending state lawsuit to show that the Compact does not violate Amendment 3. Background Setting the Scene In May of 2018, the Supreme Court delivered a landmark
Introduction In 2021, the State of Florida and the Seminole Tribe of Florida entered into a Tribal-state compact under the Indian Gaming Regulatory Act (“IGRA”). This Compact (“2021 Compact”) granted the Seminole Tribe the exclusive right to offer sports betting, authorizing the Tribe to conduct retail and online sports betting across the state. Under the 2021 Compact no other private or commercial gaming operators can legally offer sports betting in Florida. Opponents of the 2021 Compact argue that the expansion of online sports betting violates the Florida Constitution because, under state law, the exclusive method of authorizing a "casino gaming" expansion on non-Tribal lands is through a citizens' initiative vote, not through a tribal state compact. The current legal challenges to the 2021 Compact ultimately test the limits of both state authority and the IGRA framework, which is federal law; thus, it is necessary to first understand
PAGE 50
IMGL MAGAZINE | JUNE 2026
Made with FlippingBook flipbook maker