The Oneida Nation owns and operates the Turning Stone Resort and Casino in Verona, New York. Photo: Darryl Kenyon

Compacts | Litigation | New York

Oneida Nation already lining up sports betting after Supreme Court ruling

Tuesday, May 15, 2018

Well that was fast. The Oneida Nation plans to offer sports betting in the "near future" following a landmark decision from the U.S. Supreme Court.

Sports betting was recently authorized under New York law. As a result, the tribe says it can offer the same types of wagers under its Class II gaming compact "without any further approvals by the state."

"We anticipate that sports betting at the Nation will create numerous new job opportunities at each of our casinos," the tribe said in a statement on Monday, just hours after the Supreme Court's decision.

If Arizona legalizes sports betting, the Navajo Nation will probably be interested, an attorney said. But unlike the situation in New York, an amendment to the Class III gaming compact -- meaning negotiations with the state -- might be needed.

"The state normally wants something in return, that’s for sure. And oftentimes it’s money that they’re looking for," attorney Steven Hart told Capitol Media Services.

Indianz.Com on SoundCloud: Christie v. National Collegiate Athletic Association- U.S. Supreme Court - December 4, 2017

Tribes in Oklahoma are also paying attention. They recently won the ability to offer ball and dice games, such as craps and roulette, under a new state law and another one would be needed for sports betting.

“There are some tribes that are very interested in it,” Sheila Morago, the executive director of the Oklahoma Indian Gaming Association, told Nondoc. “Like everybody else, this thing came out very quickly. Everybody is working on it and seeing what can happen, from all over the country. Not just here.”

The Chickasaw Nation hopes to move quickly, a tribal official told Nondoc. The tribe anticipates an amendment to the existing Class III gaming compact will be needed.

“We look forward to working with the state of Oklahoma on a compacting supplement to address sports pool, which is something that could be easily implemented along the lines of what the Oklahoma Legislature made room for with respect to ‘ball and dice’ games this past session,” Secretary of Commerce Bill Lance told Nondoc. “We believe such a step would be critical to protecting and enhancing the tribal gaming market that already provides substantial fiscal benefits to Oklahoma, the gaming tribes, and all Oklahomans.”

The Indian Gaming Regulatory Act authorizes tribes to offer the same types of games that are legal in a state. Sports betting was already legal in Nevada prior to the Supreme Court decision, and Connecticut, Mississippi, New York, New Jersey, Pennsylvania and West Virginia have enacted authorizing statutes. Dozens of other states are also considering the same as the landscape shifts

“This is a dry constitutional issue about states’ rights, but it will likely change how we have viewed sports for the past 100 years,” Gabriel Feldman, the director of the sports law program at Tulane Law School, told The New York Times.

Tribes were not directly involved in Murphy [Christie] v. NCAA and New Jersey Thoroughbred Horsemen’s Association, Inc. v. NCAA, the cases that were decided by the Supreme Court on Monday. But the American Gaming Association advocated for tribal interests in a brief that was submitted to the justices and has been working with the National Indian Gaming Association on issues affecting sports betting.

“The bottom line is we are ready to mobilize our industry and we are anticipating that it will come down in accordance to the law, recognizing us as sovereign governments," NIGA Chairman Ernie Stevens Jr., a citizen of the Oneida Nation from Wisconsin, said at the organization's convention last month in Las Vegas.

Read More on the Story:
Oneida Nation to take sports bets at Turning Stone, other venues, in 'near future' (New York Upstate May 14, 2018)
Sports betting in 'near future' at Turning Stone (The Utica Observer-Dispatch May 14, 2018)
Supreme Court Ruling Favors Sports Betting (The New York Times May 14, 2018)
U.S. Supreme Court Sports Betting Decision Pleases Arizona Tribes, Officials (Capitol Media Services May 14, 2018)
Sports betting could hit Oklahoma after SCOTUS ruling (NonDoc May 15, 2018)

U.S. Supreme Court Decision in Murphy v. NCAA:
Syllabus | Opinion | Concurrence [Thomas] | Concurrence / Dissent [Breyer] | Dissent [Ginsburg]

Supreme Court Documents:
Oral Argument Transcript: Christie v. NCAA / New Jersey Thoroughbred Horsemen’s Association, Inc. v. NCAA (December 4, 2017)