Online sports betting won’t be available in Wisconsin before the end of this year, and potentially not by the end of 2027, either, after a state judge on Monday set the schedule for a court case challenging the state’s new law. Waukesha County Judge J. Arthur Melvin set an April 20, 2027 date for oral arguments and said he expects a ruling shortly after.
Should the state win the case, it would still likely take months before new tribal compacts are approved and in place and an infrastructure is set. The case could, however, be moved to federal court.
The Wisconsin Institute for Law and Liberty (WILL), on behalf of Brown County Taxpayers Association and Citizens Defending Liberty, in August filed the lawsuit, which claims that the state legislature’s decision to legalize online sports betting via Indian Country was out of bounds. Earlier in the year, the legislature passed a law that would allow for tribes to offer statewide mobile sports betting and for bets to be considered placed where received. All bets would flow through tribal servers.
Indian Country, which has 26 on-reservation casinos, backed the legislation. The new law requires the tribes to re-compact with the state, which is already in process. Outgoing Gov. Tony Evers has been negotiating with tribes, and it’s unclear where incoming Gov. David Crowley stands on the issue.
In the lawsuit, WILL claims that any expansion of gambling must be a voter decision. But Wisconsin did not set precedent in allowing tribes to offer statewide online sports betting — that distinction belongs to Florida, where lawmakers in May of 2021 gave the exclusive right to online sports betting to the Seminole tribe. Under federal law, Indian tribes can offer gambling on their land, and the decision to allow the Seminoles to consider bets taken where received is considered a roadmap for other tribes to follow. Wisconsin’s tribes are the first to do so since then.
Commercial operators could still participate
Giving the tribes control does not preclude commercial sports betting companies from participating in the market, though they must do so within the confines of the Indian Gaming Regulatory Act (IGRA). That federal law requires that any commercial partner pay tribes 60% of revenue, which commercial operators have called prohibitive. In Florida, the Seminoles own Hard Rock Bet, and no other platforms are live in the state.
The commercial industry has been vocal in saying that the 60% revenue share requirement is too high and would not allow it to thrive.
While the Wisconsin lawsuit was brought by a conservative group, Melvin Monday ruled that the Ho-Chunk Nation, Oneida Nation, Menominee Indian Tribe of Wisconsin, and four other tribes could be party to the lawsuit.
The judge also said that the tribes have 30 days to move the case to federal court. In some cases, tribes cannot sue or be sued in state court. In addition, IGRA would come into play in a lawsuit now that tribes are involved, and that could make the case for a move to federal court.
Plaintiff attorneys requested the opportunity to file an amended complaint, and Melvin granted it. The brief is due Dec. 10. Here’s a look at the rest of the court schedule:
- Feb. 2, 2027: Plaintiff’s brief due
- March 2, 2027: Defendant’s brief due
- March 23, 2027: Plaintiff’s response due
- April 6, 2027: Defendant’s response due
