The suit filed by South Florida gaming operators to legalize sports betting in the state of Florida was met with an expected response from Governor Ron DeSantis and his administration this week, as they responded that their motion for dismissal should be granted since it was filed 14 days before.
There is one new addition on Tuesday night’s filings though: A request by The Seminole Tribe (a Native American tribe) asking them dismiss West Flagler County’s claim against them related with casino regulations because those involved don’t fall under federal jurisdiction; however if you look closely at some other lines within both documents–especially ones referencing “casino Royale” or “Las Vegas Boulevard”—you’ll see just how intertwined these two cases may soon become.
The Governor’s office argues that this case should be dismissed under Federal Rules of Civil Procedure 12(b)(1), 12(b)(6) and 12(e). They additionally argue 14 because they are not officers of the compact–they do not enforce its provisions themselves, but only make sure other states comply with them through their enforcement agencies.
Finally, the motion to dismiss argues that this is an improper lawsuit because they are not really suing anyone. The Seminole Tribe is indispensable and will be needed for any negotiations or enforcement of gaming compact law; DeSantis only has duties as a participant in those events if necessary – but he’s also been cut out from these proceedings entirely now too!
The motion to dismiss also argues that Brown is improperly named, alleging that the Secretary merely has authority to monitor compact but not enforce it so she would be beyond scope of Ex Parte Young Doctrine. The Governor’s argument goes on further by claiming there are no South Florida gaming operators in place at this time; therefore an additional party must be added for compliance with Federal law-the Seminole Tribe .
The three federal laws that the West Flagler Associates argued for and relied upon in court were: Indian Gaming Regulatory Act (IGRA), Wire Act, Unlawful Internet Gambling Enforcement Act. The Governor’s argument is primarily based on these cited acts not having a private right of action; there for including FLAGS could also fall victim if they do not win their case because it would mean no incentive or punishment available by law which can result from someone successfully enforcing such decisions made within an administrative setting rather than criminal territory where even though fines may amount less severe.
The motion to dismiss also argues that the plaintiff lacks standing. If they cannot establish an injury, then there is no need for them in court and their complaint will be dismissed without much thought from any judge who reads through it!
The motion addresses the recently added Equal Protection claim by citing Supreme Court precedent for legislative singling out of “Indian tribes” in every piece of legislation dealing with them. It goes on to note that this treatment has been repeatedly upheld by our highest court, and asks that we dismiss these claims altogether or at least grant qualified immunity from liability – in other words: it’s not their fault if they did nothing wrong!
The Seminole Tribe of Florida is a necessary and indispensable party to the suit challenging their gaming compact with the State. They argue that they cannot be joined because, as an immunized aboriginal nation under treaties signed in 1832-33 which guaranteed freedom from all US Territorial Jurisdiction for at least 100 years after 1800, it has immunity from suits on federal Indian reservations – even those filed against members who have been removed or mainstream jurisdiction transferred out since then (which includes West Flagler Associates).
The catch here: if this motion fails where asked by U.S District Court judge Elizabeth Scrote Jones not only will she need more time but also permission before letting them join; if granted there would no longer remain any argument about how essential some Indians’.
The Seminole Tribe of Florida is immune from lawsuits unless the tribe agrees to be sued. Despite this immunity, which would seem like it leaves plaintiffs without an appropriate party on whom they could rely for relief in court proceedings; The Motion argues that case law supports these propositions and should therefore dismisses their argument out-of contest.
As courts have ruled time again “this result may happen because the tribes’ interest outweighs those wishing litigate their claims”.
The Florida Supreme Court will hear oral arguments on July 10, 2020. This is the earliest date that can be scheduled for an expedited hearing under federal rules because it’s less than ten days after respondents filed their response to Motion To Compel Arbitration And Stay Proceedings (pdf). After this motion was made by lawyer Richard Saecker last month they have seven more days in which reply briefs are due back at lawyers representing several different parties including odds makers who want sports betting across state lines legalized once again—or not!
The upcoming decision could turn one way or another depending how persuasive.
Interactive map with projections and information about the legalization for every state.Legalization Tracker
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