A new legal challenge has emerged in Florida, questioning the constitutionality of the state’s online sports betting law.
The lawsuit, brought by “Protect The Constitution, LLC” and revealed by gaming attorney Daniel Wallach, targets the 2021 gaming compact between Florida and the Seminole Tribe. This agreement allows statewide online sports betting through servers situated on tribal lands.
The plaintiffs argue that this compact violates Amendment 3 of the Florida Constitution, which was approved by voters in 2018. The amendment stipulates that any expansion of casino gambling outside tribal lands must receive approval through a public referendum. The lawsuit claims that although online sports betting is now widely accessible across Florida, no such voter approval has been obtained.
According to the complaint, this bypass of public consent infringes on Floridians’ constitutional right to vote on gambling expansion. The suit further claims that the compact, signed in April 2021, illegally granted the Seminole Tribe exclusive rights to operate online sports betting without any competitive bidding or voter input. In May 2021, Governor Ron DeSantis and the Florida Legislature formalized the deal, establishing the Tribe’s monopoly.
The plaintiffs argue that this move violates Article X, Section 30 of the Florida Constitution, which requires all new forms of casino gambling, including sports betting, to be approved by voters through a citizen-initiated constitutional amendment. The amendment was originally promoted as a safeguard to prevent state officials from unilaterally expanding gambling.
Protect The Constitution, LLC, a Delaware-based company, represents the interests of unnamed members who do business in Florida and claim financial harm due to increased competition from unapproved gambling operations. They report losses such as reduced revenue as a direct result of the compact’s implementation.
This lawsuit follows earlier legal efforts to challenge the compact. In 2021, West Flagler Associates and Bonita-Fort Myers Corporation sued, alleging violations of both the Indian Gaming Regulatory Act and Amendment 3. Though a federal district court initially sided with them, the U.S. Court of Appeals for the D.C. Circuit reversed that ruling in 2023. The U.S. Supreme Court declined to hear the case in June 2024, effectively endorsing the compact.
Meanwhile, the Florida Supreme Court dismissed a related case in March 2024, noting that it was procedurally flawed but acknowledged that the compact’s constitutionality could still be challenged in a circuit court through a conventional lawsuit—such as the one now filed.
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