Orlando Criminal Lawyer
call for a free
consultation

U.S. Supreme Court Opens the Door to Legalizing Sports Betting In Florida and Elsewhere

Justice4

On May 14th, the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act, a federal law that banned sports betting in almost every state. Specifically, the law prohibited states from authorizing and licensing sports gambling, which involves allowing gamblers to bet on everything from which team is going to win a game, to what each player will specifically do. The Court ultimately found that the law violated the anti-commandeering rule of the U.S. Constitution.

This ruling could now open the door to sports betting in Florida if the state legislature or voters (by referendum) authorize it. The Court ultimately found that each state is free to act on its own when Congress elects not to regulate sports gambling directly.

Concerns

Some are concerned that the decision could end up normalizing an activity that could turn into addictive gambling for kids and/or those who already live in poverty, involving the government in an activity that already exacerbates an overall lack of mobility out of poverty. 

Hurdles at State & Federal Level

There is already a proposal on Florida’s November ballot (titled the “Voter Control of Gambling amendment”), which would mandate that a voter referendum be in place before this type of gambling could become legal in the state of Florida. This same ballot measure could also make it illegal for any future casino expansion to take place without voter approval first. Specifically, the amendment makes casino card games, anything classified as a “Class 3 game” under federal law, and slot-like games subject to voter approval.

Florida also has an existing compact with the Seminole Tribe, which, although currently in limbo, gives the tribe exclusive rights to running card games such as blackjack. Whether/how sports betting could impact this compact remains to be seen, and could be subject to negotiation. Currently, the Seminole Tribe pays a reported more than $250 million per year to secure these exclusive rights to slots outside of South Florida.

Until then, the issue is up in the air, as the Florida Legislature does not meet again until March 2019. It is also noteworthy that areas such as Tallahassee are known for making any voting surrounding gambling contentious.

It is also notable that there is already legislation pending before Congress that would allow Congress to regulate sports betting at the federal level, thus negating the Court’s decision that each state can adopt its own rules if Congress fails to directly regulate the activity.

Florida Criminal Defense & Civil Rights Lawyer

If you have been accused of violating a federal or state law involving gambling, and/or your civil rights have been violated, contact our experienced Orlando criminal defense and civil rights lawyers at the Baez Law Firm today to find out how we can help.

Resources:

supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf

miaminewtimes.com/news/florida-isnt-likely-to-legalize-sports-gambling-anytime-soon-after-supreme-court-ruling-10350402

tampabay.com/florida-politics/buzz/2018/05/14/sports-betting-possible-in-florida-after-scotus-ruling/

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

40 SW 13th St, Suite 901
Miami, FL 33130
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

23 South Osceola Avenue
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

Captcha Image

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2018 Baez Law Firm. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab Contact Form Tab