TRIBAL GAMING
violate state law and should be upheld. This conclusion follows on from a comprehensive analysis of the regulatory framework surrounding Tribal and state gaming authority, the development of the 2021 Compact, the text and purpose of Amendment 3, including its explicit carve-out for Tribal-state compacts, the relevant judicial decisions interpreting these authorities, and the application of these principles to the pending state litigation. Taken together, these sources demonstrate that the 2021 Compact fits squarely within state legal boundaries, and therefore remains a lawful exercise of state and Tribal authority. The decision in West Flagler v. Haanan could prove to have a profound impact in American sports betting and the relationship it has with Native American gaming entities. Provided that the 2021 Compact is upheld by Florida courts, the
ruling in West Flagler establishes a pathway for tribes and states to develop compacts authoring online sports betting, based on the precedent that the location of the server receiving the bet determines where the bet is placed. 31 States can only regulate gaming on Tribal lands if Congress has allowed it. IGRA provides the framework allowing States to regulate Tribal gaming. Sports betting falls into the category of Class III gaming because it is not encompassed in Class I or II. From a policy perspective, the 2021 Compact was a strategic move that could generate considerable returns to tribe and state if applied to modern gaming. Finally, Amendment 3 to the Florida Constitution was intended to transfer the power of expanding casino gaming across the state to voters. Had it altered the rights to Tribal gaming compacts, it is reasonable to say the Seminoles would have never supported it.
MALLORY MATHIEWS JD Candidate, John T. Morgan Accademy, University of Mississippi School of Law For more information contact mlmathi1@go.olemiss.edu
31 Doug Greenberg. How Supreme Court's Florida ruling will impact U.S. betting, ESPN, https://www.espn.com/ espn/betting/story/_/id/40422353/sports-online-betting-supreme-court-decision-florida-california-impact.
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