State to State
No “ one size fits all ” when it comes to tribal gaming
BY JILL R . DORSON
Of the 38 states that have legal sports betting , tribes in 10 are a key factor . In some cases , Indian Country was the driving force behind legislation . In others , tribes agreed to pay taxes . And in still others , Indian Country is the only place consumers can place a bet .
The structure is different in nearly every state . And in the last 12 months , the rules have changed . The U . S . Department of the Interior ’ s Bureau of Indian Affairs ( BIA ) is tasked with interpreting and implementing the Indian Gaming Regulatory Act ( IGRA ). Passed by Congress in 1988 , IGRA clearly allows for Class III gambling on tribal land . In February 2024 , a new BIA interpretation made it clear that the federal government backs off-reservation digital sports betting if a state agrees .
Four months later , the U . S . Supreme Court declined to hear a case that made it so Florida ’ s Seminole Tribe not only has a monopoly , but can offer off-reservation digital sports betting . The tribe does not pay a tax , but does have a revenue-share agreement with the state . The case , in which two parimutuels sued Governor Ron DeSantis for signing a compact they believed was invalid , may well have created a roadmap for tribes in other states to follow .
Three of 10 Biggest Tribal States Don ’ t Have Legal Wagering
In July 2024 , a Colorado tribe filed its own federal lawsuit , saying the state is denying it the opportunity to offer legal digital betting . Southern Ute Tribal Chairman Melvin Baker said at the time that because the case “ held that the Seminole tribe was entitled to engage in statewide sports betting in Florida , any legal objection to the Southern Ute and Ute Mountain from engaging in statewide sports betting is gone .”
The case is currently with the U . S . District Court for the District of Colorado , awaiting a response from the state and Governor Jared Polis . The deadline for his response in March 7 .
The key difference between the Florida and Colorado lawsuits is that in Florida , the state wanted to make a deal with the Seminoles . In Colorado , that does not appear to be the case .
16 TRIBAL GOVERNMENT GAMING 2025