West Flagler Asks SCOTUS for Extension in Florida Sports Betting Bid

West Flagler Associates on Monday asked the US Supreme Court to extend its deadline for filing a petition seeking to stop sports betting in Florida until Feb. 9.

A request for the court to take up the plea to shut down the Florida sports betting operation run by the Seminole Tribe of Florida is officially due on Dec. 11. But West Flagler, in conjunction with another parimutuel outlet and former greyhound track, Bonita Springs Poker Room, promised the Supreme Court on Oct. 6 to deliver the so-called writ of certiorari by today.

Meanwhile, the Seminoles’ Hard Rock Bet app accepts sports bets in the most populous state with an active legal market.

Chief Justice John Roberts granted a West Flagler request for a temporary stay on Oct. 12 as all nine Justices considered a longer stay. On Oct. 25, the Court refused to extend the stay, and Hard Rock soon began moving to re-launch sports betting in Florida for the first time since 2021.

Among the reasons cited by West Flagler’s attorneys for an extension is ongoing litigation before the Florida Supreme Court. West Flagler is claiming that the state government went beyond its purview in entering a 30-year gambling compact with the Seminoles in 2021.

From the petition:

“If the Florida Supreme Court rules in Applicant’s favor in connection with the State Petition, such ruling will impact the scope of Applicants’ petition for a writ of certiorari. But if the Florida Supreme Court denies or fails to rule in Applicant’s favor, the important statutory and constitutional issues raised by the Circuit Opinion would certainly remain, including the “serious equal protection issues” observed by Justice Kavanaugh.”

This could ultimately be one of the last federal-level moves West Flagler has to play, according to tribal gaming observers. If the court defers, the Seminoles will again create a paradigm-changing moment in the history of tribal gaming in the United States. Until a June 30 reversal by a panel from the US District Court of Appeals, DC Circuit, courts had consistently ruled that the Department of the Interior had erred in its assessment. That is, the Indian Gaming Regulatory Act should be interpreted broadly enough to allow tribes to accept mobile sports bets off native land as long as the computer servers handling them were on native territory.

Florida Sports Betting Federal Timeline Since Court Reversal

• June 30, 2023: A three-judge panel from the U.S. Court of Appeals, District of Columbia Circuit, reversed a lower-court ruling that voided a 30-year signed in 2021 by the Seminole Tribe of Florida and the state.
• Aug. 14, 2023: West Flagler Associates asked for an en banc hearing before the US District Court of Appeals, DC Circuit.
• Sept. 11, 2023: The DC Circuit denied the en banc hearing request.
• Oct. 6, 2023: West Flagler requests a Supreme Court on the resumption of sports betting in Florida and promises a writ of certiorari by Nov. 20.
• Oct. 12, 2023: Chief Justice John Roberts grants the stay.
• Oct. 18, 2023: The Department of the Interior asserted that the high court is unlikely to take up the case and calls the stay unnecessary in a response to the Court.
• Oct. 25, 2025: The US Supreme Court denies the stay request, with Justice Brett Kavanaugh writing that the argument is better resolved in Florida.
• Nov. 1, 2023: The Seminole Tribe announced a schedule to launch retail sports betting, craps, and roulette at its six casinos in the state.
• Nov. 7, 2023: Mobile sports betting resumed on the Hard Rock Bet app for existing customers and previous loyalty club members.
• Nov. 20, 2023: West Flagler requests an extension until Feb. 9, 2024 to submit its writ of certiorari.
• Dec. 7, 2023: Announced retail sports betting, craps, and roulette launch date for Seminole Hard Rock Hotel & Casino Hollywood, Seminole Classic Casino in Hollywood, and Seminole Casino Coconut Creek.
• Dec. 8, 2023: Announced retail sports betting, craps, and roulette launch date for Seminole Hard Rock Hotel & Casino Tampa.
• Dec. 11, 2023: Announced retail sports betting, craps, and roulette launch date for Seminole Casino Immokalee and Seminole Brighton Casino.
• Dec. 11, 2023: West Flagler’s writ of certiorari deadline original deadline.
• Feb. 9, 2024: West Flagler’s petition to the Florida Supreme Court is denied.