DICKINSON WRIGHT
SKIN IN THE GAME Jeff Silver, Of Counsel, and Patrick Sullivan, Associate, at Dickinson Wright explore tribal sports wagering and how it can evolve alongside shifting regulations in order to compete in the big leagues. On 15 May, 2018, the United States Supreme Court issued its Murphy v. National Collegiate Athletic Association decision in favor of the State of New Jersey, striking down the 1992 Professional and Amateur Sports Protection Act (PASPA) that prohibited states from legalizing sports wagering. Immediately following the decision, the National Indian Gaming Commission (NIGC) issued a statement affirming its support for Indian Tribal regulators’ ability to drive decisions as to how Tribes would participate in the new legal sports wagering market. The NIGC stated, “We anticipate that Tribes will be given a seat at the table to voice their positions, bring their perspectives and collective expertise, and maintain regulatory and operational control over all the gaming that occurs on their lands.” 10 GAMINGAMERICA
Under the Indian Gaming Regulatory Act of 1988 (IGRA), sports wagering falls into the broad category of Class III gaming, which can only be conducted by Indian tribes pursuant to a negotiated compact with the state where the gaming takes place. These Class III gaming compacts contain provisions limited to the application of State and Tribal laws and jurisdiction related to the gaming and gaming land, reimbursement to the State and local governments for use of municipal services, exclusivity fees, and other provisions “directly related to the operation of gaming activities.” These compacts enumerate the types of gaming that may be conducted by the Tribe. Plus, amendments are generally necessary to allow the Tribes to proceed with new gaming, including sports wagering. For the stand-alone Tribal casino, sports wagering has to make
