Florida judge dismisses lawsuit challenging Seminole Tribe’s sports betting deal
Leon County Judge Jonathan Sjostrom has dismissed a lawsuit claiming that a deal permitting the Seminole Tribe of Florida to offer online sports wagering breached a 2018 constitutional amendment.
According to CBS News, Sjostrom argued that the plaintiff, Delaware-based Protect the Constitution, lacked legal standing to proceed. He rejected the lawsuit but gave the company until November 21 to submit a revised version.
The 2018 constitutional amendment in question provides assurances that, “Florida voters shall have the exclusive right to decide whether to authorize casino gambling.”
It mandated a public vote “for casino gambling to be authorized under Florida law”, including an exception for gambling on tribal lands.
The lawsuit targets a 2021 deal between Gov. Ron DeSantis and the Seminole Tribe, which permitted the tribe to accept mobile sports wagers placed statewide. Bets started being accepted in late 2023.
Protect the Constitution argued that the compact violated the constitutional amendment because it had not received voter approval.
In addition to permitting the tribe to offer craps and roulette games in its casinos, the agreement required the state to receive at least US$2.5 billion in the first five years, with potential additional revenue under the contract.
The state, the Florida Gaming Control Commission, and the commission’s members were named as defendants in the lawsuit.
This comes after Florida Attorney General James Uthmeier submitted a motion to dismiss the lawsuit back in June.
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The Backstory
How Florida arrived at this point
The latest ruling in Tallahassee follows years of jockeying over who controls online wagering in Florida and on what legal basis. In 2021, Gov. Ron DeSantis struck a compact with the Seminole Tribe that permitted statewide mobile sports bets so long as wagers were processed on tribal servers, while also authorizing additional casino table games and promising the state at least $2.5 billion over five years. Opponents quickly argued the arrangement sidestepped a 2018 constitutional amendment granting voters the “exclusive right” to authorize casino gambling unless activity occurs on tribal lands. The state has countered that the compact is lawful under federal rules governing tribal gaming and that the server location keeps activity within the bounds of tribal territory.
Before the judge dismissed the latest challenge for lack of standing, Florida officials had already tried to knock out the case early. In June, Attorney General James Uthmeier moved to dismiss a suit brought by Protect the Constitution LLC, asserting the compact comports with the 2018 amendment and the Indian Gaming Regulatory Act and that the plaintiff was not the right party to bring the complaint. The filing also argued that sports betting was not considered “casino gambling” at the time voters approved the amendment. That state effort was detailed in Florida moves to dismiss lawsuit challenging Seminole Tribe’s claim to online sports betting.
The stakes go well beyond legal theory. The tribe has already relaunched mobile betting, and the compact channels hundreds of millions of dollars annually to both the Seminole community and state coffers. Each procedural turn either cements or complicates the new status quo for a market that was largely shut for most of 2022 and 2023 amid litigation.
The amendment-versus-compact tension
The dispute hinges on how to reconcile Florida’s 2018 constitutional amendment with the 2021 compact’s hub-and-spoke design. The amendment carved out tribal gaming, but opponents say statewide access to mobile wagering effectively places gambling off tribal lands, requiring a voter referendum. Supporters respond that digital bets are deemed to occur where the servers sit, a key point that allows the tribe to operate statewide without a new ballot measure. The state’s earlier motion to dismiss leaned on that view and on the federal framework that governs tribal gaming, as covered in the June filing.
Judge Jonathan Sjostrom’s decision to toss the case for lack of standing does not settle that underlying tension; it narrows the paths for challengers. By granting the plaintiff time to refile, he left open the possibility that a better-positioned party could try again. In the meantime, continued operations under the compact increase the Seminole Tribe’s commercial momentum and the state’s revenue dependence on the new regime.
Preemption, standing and the broader regulatory chessboard
Florida’s fight echoes a national pattern of boundary testing between state laws, tribal compacts and federal rules. A Massachusetts judge recently sent a case involving prediction market operator Kalshi back to state court after the company argued federal commodities law preempted state gambling claims. In Judge returns Kalshi vs. Massachusetts case to state court, U.S. District Judge Richard Stearns rejected “complete preemption,” signaling that states can keep pressing their own gambling statutes against novel wagering models. That ruling underscores how rarely federal law fully displaces state authority in the gambling space, even when an operator points to a federal regulator.
Florida’s standing fight is different on the facts but similar in practical effect: courts are scrutinizing who gets to bring challenges and under which legal framework. Procedural wins, whether on standing in Florida or on jurisdiction in Massachusetts, can shape markets as decisively as merits decisions because they dictate which cases reach the core policy questions.
Tribal sovereignty and parallel debates beyond sports betting
The compact’s defenders lean on tribal sovereignty and the economic benefits tied to gaming. That theme is resonating in other corners of the industry. In California, social gaming operator VGW announced a conditional partnership with the Kletsel Dehe Wintun Nation to run joint social platforms as lawmakers weigh AB 831, a bill that would ban sweepstakes-style games. Inside the policy debate described in VGW signs deal with Californian tribe as sweepstakes debate continues, tribal leaders warned that blocking online opportunities could widen disparities between large, casino-rich tribes and smaller nations without resort markets. The friction mirrors Florida’s: one camp pushes for structured, regulated access that channels revenue to tribes and the state; the other worries about backdoor expansion of online gambling without direct voter approval.
These parallel fights suggest regulators and courts are still defining the lines between state referendums, tribal compacts and digital distribution models that do not fit neatly into brick-and-mortar categories. Outcomes in one venue inform strategies in another, whether through server-location arguments, revenue-sharing commitments or tighter consumer protections.
Operators, consumers and the cost of uncertainty
For operators and bettors, legal clarity matters as much as policy design. When rules are unsettled, companies hedge, product lines pause and consumers face shifting terms. The dispute involving DraftKings and an Iowa bettor over canceled golf wagers illustrates the trust and transparency issues that can surface even in mature jurisdictions. In Iowa man asks for judge’s decision in US$14 million DraftKings lawsuit, the plaintiff seeks a summary judgment after the operator voided wagers based on house rules tied to errors and event conditions. While unrelated to tribal compacts, the case underscores how platform rules, regulatory oversight and consumer expectations collide when the fine print meets real money.
In Florida, the Seminole platform’s continued operation during litigation raises similar stakes for customer confidence and business planning. Every court decision that validates the compact’s structure, even on procedural grounds, encourages further investment in tech, marketing and partnerships that are difficult to unwind if the legal winds shift.
What to watch next
Attention now turns to whether challengers refile with plaintiffs who have clearer standing, whether state courts reach the merits of the amendment-versus-compact clash, and how federal-tribal law arguments evolve. Market sentiment will also be shaped by regulatory conversations playing out in industry forums. At this year’s SBC Summit Americas in Fort Lauderdale, regulators and operators, including the Florida Gaming Control Commission’s vice chair, featured prominently on the agenda, as noted in SBC Summit Americas opens in Florida this week. Those discussions—on compliance, player protection and the limits of state and tribal authority—often foreshadow the next wave of policymaking.
Florida’s latest ruling reinforces a practical reality: litigation remains the primary arbiter of how fast digital betting expands and who gets to run it. Procedural victories can be as consequential as policy wins, tilting the playing field toward incumbents while opponents search for the right forum and plaintiff. With money flowing, partnerships deepening and other states testing their own boundaries, the line between voter control and negotiated compacts will continue to define the future of online wagering across the country.








