PLAYERS TALK

EVENT WAGERING APP NOT WORKING?

We Break Down Why This Is A Very Rare Exception

Ihave a question for you. I signed up with [a sportsbook] app. It works great in the majority of Arizona. I live on "Reservation Land" [sic] in Arizona and the app locks me out saying I cannot wager on Federally Protected Tribal land. I find this ironic as the [sportsbook] app is sponsored by [the Tribe whose land I reside on]. Can you address this issue?

Kevin Ray—Phoenix Area, AZ

Thank you so much for being a loyal reader and for sending in your question. The concern you raise is one which will be encountered by users of sportsbook apps across Arizona. So, we felt it would be best to highlight your issue and the explanation as it applies to all event wagering enthusiasts in the state regardless of the sportsbook app they use or the Tribe or sports team holding the event wagering license. We reached out to the Arizona Department of Gaming (ADG) for their comments which are included in our response to you.

Earlier this year, the state legalized event wagering, which allows for 10 off-reservation event wagering licenses for Arizona Tribes and 10 off-reservation event wagering licenses to Arizona sports teams/organizations. Additionally, the amended TribalState Gaming Compacts currently allows for event wagering to be conducted by a Tribe within their Tribal gaming facility.

Specifically, according to the statutes passed by the Arizona legislature and signed by Governor Ducey, § A.R.S. 5-1303(D), an Event Wagering Operator may not accept any wager if the individual who places the wager is physically present on Indian lands when the wager is initiated. Furthermore, event wagering was also legalized for Arizona Tribes through the amended Tribal-State gaming compacts (compact), signed earlier this year by Governor Ducey and Arizona Tribes. The regulations for event wagering are outlined in Appendix K of the compact, which currently allows a Tribal casino to operate event wagering within their facility.

As a result, Event Wagering Operators can accept wagers anywhere in Arizona except from Tribal lands, and Arizona Tribes can also accept wagers from within a Tribal casino. This leaves, let’s call it a donut hole, for wagering using a sportsbook app authorized by a Tribe on Tribal land outside of a Tribal casino. Enthusiasts cannot place wagers through a sportsbook app while on Tribal land unless they are inside a Tribal casino and using a sportsbook app authorized by that Tribe.

Based on the regulations included in the compact which allows for fantasy and event wagering in accordance with the laws passed this year by the Arizona legislature and signed by Governor Ducey, all sportsbook apps in Arizona monitor the physical location of the device using the wagering app continuously while the app is being used. This is accomplished by using geofencing. A geofence is a perimeter boundary created around the location of a device based on the device’s GPS or RFID signals.

Once the geofencing check is completed, if the device is determined not to be on Tribal land, but within Arizona, the sportsbook app can be used, and wagers can be placed. If the device is in a gaming facility in Arizona, wagers can be placed on a sportsbook app authorized by the Tribal casino. However, if the device is on Tribal land in Arizona and is not within a gaming facility, wagers cannot be placed on the app. So, take care if you are in a moving vehicle in Arizona and using a sportsbook app. If your driver takes you onto Tribal land, your sportsbook app won’t allow you to place wagers! And remember, don’t operate a vehicle and your smartphone at the same time. That also violates Arizona state law.

Furthermore, based on the compact, users of sports wagering apps are notified when a geofence check fails, and a log of any apps failing a geofence check is kept which can be monitored by the specific Tribe’s Tribal Gaming Office (TGO) and ADG. In addition, both TGOs and ADG monitor geofence data in real time.

We hope this clears up why your app is blocking you from wagering on Tribal land unless you are in that Tribe’s casino. You’ll encounter the same issue with any other sportsbook app as well. In short, the gaming regulations prevent it based on Arizona State Law and the compact. Those rules apply to all of us, including the event wagering license holders. Best of luck on your next bets! $