TLDR
- Wisconsin is defending Act 247, a law that lets Native American tribes run online sports betting.
- The state says the Brown County Taxpayers’ Association lacks standing to challenge the law.
- Opponents claim the law violates a 1993 state constitutional amendment that limited gambling.
- The groups suing argue the law gives tribal members a race-based benefit.
- DraftKings and FanDuel opposed the law but are not part of the lawsuit.
Wisconsin is defending its new law that lets Native American tribes offer online sports betting. The state is asking a court to reject a lawsuit that claims the law breaks the state constitution.
The law is known as Act 247. It allows Wisconsin’s tribes to run online sports betting through a system tied to tribal servers.
The lawsuit was brought by the Brown County Taxpayers’ Association and another group. The state says the plaintiffs do not have the legal right to bring the case.
State Says Lawsuit Should Be Dismissed
Assistant Attorney General Colin Roth filed the state’s reply. He argued that the law is valid and that the challenge has no legal basis.
According to the filing, the plaintiffs “fail to state a claim upon which relief can be granted.” It also says they “lack standing to pursue this action.”
In legal terms, standing means a party must show it has been harmed in a way that allows it to sue. The state argues the plaintiffs have not met that test.
The lawsuit was filed in August in Waukesha County. The Wisconsin Institute for Law and Liberty, known as WILL, filed it on behalf of the Brown County Taxpayers’ Association and Citizens Defending Liberty.
The case names four state officials. They are Governor Tony Evers, Secretary of Administration Kathy Blumenfeld, Division of Gaming Administrator John Dillett, and Office of Indian Gaming Audit Director Jessie Dushek.
What Opponents and Supporters Say
Opponents say the law goes against the Wisconsin Constitution. They point to a 1993 amendment that limited gambling in the state to certain exceptions, such as the lottery, bingo, and raffles.
The groups also argue that the law gives tribal members a benefit that others cannot get. They describe this as race-based treatment.
Supporters see it differently. They say the law takes online betting that was already happening and places it under a regulated system.
Wisconsin’s tribal nations backed the measure. They said it would help protect consumers and improve oversight of betting.
Senate Majority Leader Devin LeMahieu worked with Democrats to pass the bill. He argued that online betting was already taking place in the state and needed rules.
National sportsbook companies, including DraftKings and FanDuel, opposed the law while it was being considered. However, they are not part of the lawsuit.
WILL attorney Lucas Vebber confirmed that point. He said the case centers on whether the law wrongly gives exclusive rights to Wisconsin’s 11 federally recognized tribes.
The state continues to stand by the law. In its latest filing, it maintains that Act 247 is constitutional and that the groups suing have no grounds to challenge it.
