Wisconsin Tribal Casinos Likely To Hold Exclusive Sports Betting Rights
While many states across the U.S. are preparing to legalize sports betting in the coming months, Wisconsin does not appear to be one of them.
The U.S. Supreme Court made a monumental decision in striking down the Professional and Amateur Sports Protection Act of 1992 (PASPA), which essentially prohibited commercial sports gambling in all but one state. With the antiquated law ruled unconstitutional by a 6-3 vote, each state is now free to legalize betting on professional and collegiate sports.
“The legalization of sports gambling requires an important policy choice, but the choice is not ours to make,” wrote Justice Samuel Alito in the majority opinion. “Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not.”
States like Pennsylvania, Delaware, West Virginia, Mississippi, New York, and Rhode Island either wrote new sports betting laws or enacted existing regulations that were contingent upon the federal ban being lifted. Wisconsin took no such actions, which is why the recent ruling on Murphy vs. NCAA has no immediate impact on the state.
"Sports gaming is prohibited by the Wisconsin Constitution, state law and is not allowed under the state-tribal compacts," said Steven Michels, spokesman for the Wisconsin Department of Administration. “Today’s Supreme Court ruling does not affect Wisconsin law."
Though a constitutional amendment would be necessary to bring commercial gambling to the state, the current gaming facilities in Wisconsin could move forward with sports betting without the change.
All of the casinos in WI are tribal, which means that they fall under the governance of the Indian Gaming Regulatory Act (IGRA). The Act states that Indian tribes have exclusive rights to regulate gaming activity on their lands, which means that tribes are not under the direct jurisdiction of the state constitution.
Instead, the tribes enter into state-tribal compacts which outline whether a casino offers Class I, Class II, or Class III gaming. Wisconsin has eleven tribes that each own at least one casino, and the state would only need to renegotiate these contracts in order to authorize sports gambling on tribal lands.
Tribes in the state have not expressed an overwhelming interest in bringing sports betting to their casinos, but the potential is certainly there. The tribes are taking a wait and see approach to learn more about what a regulated sports betting market might look like. The Potawatomi Hotel and Casino issued a statement regarding their stance on allowing patrons to bet on sports:
"We are also looking at how this will specifically impact the State of Wisconsin. All decisions we make now and in the future are with the business's competitive market standing and long-term sustainability in mind."
One thing that does seem certain is that if and when the state does legalize sports betting, it will stay within the tribal community. This has been a major point of contention in states that have both commercial and tribal gaming interests, as issues of exclusivity often arise.
Though not expected in the near future, Republican State Senator Roger Roth believes that keeping sports betting limited to tribal casinos will make the transition smoother if and when sports betting is legalized in Wisconsin.
Some of the potential sportsbooks in Wisconsin could include North Star Mohican in Bowler, Lake of the Torches in Lac Du Flambeau, St. Croix Casino in Danbury, and the Oneida Casino in Green Bay.
"To expand beyond tribal casinos would take a change in our state constitution, so just knowing the legislature right now, I don't think there's any desire right now to amend our state constitution to allow gaming to expand beyond the 24 tribal casinos that have it already," stated Roth.
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