Where Does the OK Supreme Court Decision Leave Online Gambling in Oklahoma?

The state of Oklahoma has limited gambling opportunities as it does not allow online gambling. The state also prohibits gambling in unauthorized locations. This situation has pushed Oklahoma residents to stay away from sites even if they accept Oklahoma residents. The state also prohibits sports betting in both land-based and online casinos.

The Current Status

Oklahoma has only two racinos where a player can also enjoy traditional games like slots and roulette. There are 137 tribal casinos. Since there are plenty of casinos in the state, poker rooms have been rendered useless. Sites like online-gambling.com offer more details on Oklahoma online gambling

In July 2020, the Supreme Court made a decision that may have given the online gambling scene in OK an unexpected turn. The court put the fight towards the legalization of two tribal gaming compacts on hold.

The Governor Was Right

According to the Supreme Court, the governor was exceeding his authority and acting beyond the provisions of the law. The Attorney General, Mike Hunter, argued that the governor has no authority to get into binding contracts on behalf of the state when the contract is violating the law. He cannot authorize gaming activities which the state already prohibits.

Gov. Kevin Stitt had earlier announced that Oklahoma made a new deal with the Comanche and Otoe-Missouria tribes. These compacts pushed for having new casinos close to big cities and low exclusivity fees. He thought the move would be beneficial to the gambling industry. Kevin Stitt argued he had received lots of credible opinions about the legality of these compacts. He was confident his move did not violate any laws.

As soon as he made his announcement, tribal attorneys started disagreeing over the legality of these compacts. Considering sports betting is prohibited in the state, the attorneys argued that it could not be used as a bargaining chip unless the legislature passes it.

Kirke Kickingbird, a tribal lawyer, argued that tribes cannot do what is illegal in the state or they would be breaking the law. Therefore, if the games are illegal in the state, there is a threshold problem. Like other lawmakers, he was concerned the governor’s actions were against the law.

The Federal Department of Interior

The Federal Department of the Interior gave its blessing to Stitt’s plans. However, this move caused a significant rift with the other gaming tribes in OK. The governor went to court with them and the fight was over the gaming compact renewals.

According to the Oklahoma Indian Gaming Association, Stitt was using his move as a divide-and- conquer tactic. They thought his goal was to neuter their general efforts of renegotiating the compacts.

The court’s ruling acknowledged that state legislators had not yet authorized sports betting in the state. Therefore, what Stitt was authorizing was an illegal type of betting. Here are a few ways the court decision may have impacted the online gambling scene in OK.

1. Compacts Continue to Operate Under the Law

The legal compacts continue to operate in OK, and they retain their tribal sovereignty. Comanche Nation Chairman, William Nelson, Sr., for example, issued a statement explaining they plan on going on with their operations as stated under the terms of the compact. He explained their compact is legal and that if need arises, they were willing to invoke the severability clause of the compact.

The tribe chairman of Otoe-Missouria, John R. Shotton, issued a statement claiming the Supreme Court has no jurisdiction to invalidate their compact since it is legal under both federal and state law.

The compact has no plans to offer any table games or house-banked card games until state law authorizes them. As the compacts continue to pursue the severability clause, they will keep operating under the exiting terms of their compacts.

2. Online Gambling Is Still Illegal in Oklahoma

Oklahoma has not legalized online gambling and it isn’t clear whether they will do so in the near future. Most states which legalized online gambling in the recent past did so as part of a series of bills. Oklahoma still seems to be lagging behind in that area. The state has not yet introduced a bill that may permit online gambling and players are advised to avoid unregulated offshore sites.

Since the national perspective on gambling has changed, conservative states have been putting in measures to provide favorable rules. OK may follow suit at some point.

3. Sports Betting Remains Illegal

Oklahoma would need to legalize betting on sports in land-based casinos before they can legalize online sports betting. After Gov. Stitt’s attempt to authorize sports betting was shut down by the Supreme Court, there is no way to determine when this will be possible and the impact it may have on the industry. It is not clear if the governor may come up with new legislation to legalize sports betting in the state.

4. Online Casinos Aren’t Affiliated With Land-Based Casinos In OK

So far, gambling is only legal in Oklahoma brick and mortar casinos. Online casinos are still illegal and they aren’t allowed to have any association with the licensed land-based casinos. While there is speculation the land-based casinos may offer online games at some point, it isn’t clear when that may happen. After the Supreme Court’s decision, there hasn’t been much legal discussion about the future of online casinos.

5. A Better Understanding of the Tribal Gaming Act

Since the Supreme Court’s ruling, there has been a clearer understanding of the Tribal Gaming Act. The court ruled that even though the governor could negotiate tribal gaming compacts, he had to keep his negotiations within the limits of the Tribal Gaming Act. Since certain gaming types may be approved by the compacts but illegal in the state, the compacts do not comply with the law.

According to the Oklahoma Indian Gaming Association, the ruling of the Supreme Court was in alignment with its argument against the compacts. The association feels state-tribal relationships would be better if they both acted within the limits of the law.