Wisconsin’s Online Sports Betting Law Faces Legal Challenge
In a new legal development, conservative groups have contested Wisconsin’s recently enacted online sports betting law, claiming it contradicts the state constitution. This lawsuit underscores the ongoing debate over gambling legislation and its implications for tribal sovereignty and state governance.
The lawsuit, initiated by the Wisconsin Institute for Law and Liberty (WILL) on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty, targets changes made to the legal definition of a “bet.” This alteration, approved with bipartisan support in March, exempts wagers on sports events from being classified as gambling, provided the server handling the transaction is situated on federally recognized tribal lands. The plaintiffs argue that this redefinition effectively sidesteps a 1993 constitutional amendment that restricts new forms of gambling to bingo, raffles, and state lotteries.
Lucas Vebber, an attorney for WILL, stated, “But of course, I think our counter to that is if something that was previously illegal is now no longer illegal, you’ve authorized it, right?” He contends that by redefining the parameters of what constitutes a legal bet, lawmakers have inadvertently authorized a form of gambling not sanctioned by the state constitution.
The new law has garnered support from Wisconsin’s tribal nations, while facing opposition from major online sports betting entities like DraftKings and FanDuel. Notably, these companies are not participants in the lawsuit. Debate persists as some Democrats argue that online betting already occurs in the state, and the law simply formalizes the process, granting input to both state authorities and tribes. Conversely, some Republican senators opposed the bill due to concerns about expanding gambling activities.
The ongoing legal action also raises questions about racial equity, with WILL asserting that the law’s benefits are exclusively conferred upon members of Wisconsin’s 11 federally recognized tribal nations. This claim suggests a possible violation of the U.S. Constitution based on race.
In an earlier social media statement, WILL attorney Dan Lennington hinted that this lawsuit could potentially challenge all forms of gaming in Wisconsin, not just online sports betting. He remarked, “The casinos are on shaky legal ground already.” However, Vebber clarified that the current legal action does not aim to dismantle existing gaming compacts between the state and tribal nations, concentrating solely on the sports betting statute.
Filed in Waukesha County Circuit Court, the lawsuit seeks a judicial declaration that the sports betting law is unconstitutional and requests a block on any future amendments to gaming compacts that would include sports betting. Governor Tony Evers’ spokesperson, Britt Cudaback, criticized the lawsuit in a social media post, describing WILL as “a radical, right-wing entity” and affirming the governor’s commitment to defending tribal sovereignty.
For more details on this evolving story, visit Wisconsin Public Radio.
