West Flagler Requests SCOTUS for a Deadline Extension in Florida Sports Betting Case

MIAMI BEACH, FL (Gambling911.com) - West Flagler, owner of the Magic Casino in Miami, officially requested the U.S. Supreme Court for a deadline extension to file its Florida sports betting case on Monday afternoon.

The casino company is requesting a date of Feb. 9, 2024 to file its petition for writ of certiorari.

Among its claims: "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."

In his statement, Kavanaugh said he supported removing the stay on that appeals court decision, which allows the Seminoles to move forward with operating their sportsbook. But he noted any gambling deal that permits betting outside of tribal lands would likely be a a violation of the Indian Gaming Regulatory Act. Kavanaugh also raised the question of whether there was an equal protection violation due to the state’s actions.

“But the state law’s constitutionality is not squarely presented in this application, and the Florida Supreme Court is in any event currently considering state-law issues related to the Tribe’s potential off-reservation gaming operations,” Kavanaugh stated.

West Flagler also writes in its filing: "The Florida Supreme Court’s resolution of the State Petition may be relevant to whether the reasoning of the Circuit Opinion is accepted, or whether instead the Applicants are caught in an absurd trap between two judicial systems."

- Gilbert Horowitz, Gambling911.com