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Like most tribes, the Choctaw operate casinos under a compact with the state of Mississippi. These compacts generally govern what types of gaming tribes can offer and what revenues the state receives from tribes. Other states including Florida and California face complicated challenges in amending those compacts to include sports betting. “As more and more states begin to legalize sports betting, the vast majority of tribes in those states are going to need amendments to their existing compacts in order to operate a sports pool or sports book,” said Daniel Wallach, an authority on gaming and sports law. “Such amendments are time-consuming, do not always succeed, and even when successful, impose a higher revenue-sharing obligation on the tribes.” Here’s more from Wallach on why the Choctaw can move forward with sports gambling so quickly: The reason why the Choctaw Tribe can legally offer sports betting is due to the interplay of the Indian Gaming Regulatory Act (IGRA) and the Mississippi Gaming Control Act. Under IGRA, federally-recognized Indian Tribes (such as the Choctaw) can engage in “Class III” gaming (such as sports betting) so long as the state in which the tribe is located “permits” such gaming and there is a state-tribal “compact” (or agreement) between the tribe and the state which expressly allows the tribe to engage in that form of gambling. Here, both conditions have been met. In 2017, the Mississippi Legislature amended its Gaming Control Act to broaden the definition of “sports pool” to include “wagers on collegiate or professional sporting events or athletic events,” and also eliminated the prior prohibition on casino licensees accepting wagers on athletic events that take place off the licensed premises. As a result of these two amendments, Mississippi became the third state (after Nevada and New Jersey) to legalize single-game sports betting. Further, the 1994 Compact between the Choctaw Tribe and the State of Mississippi (as approved by the US Department of the Interior) recognizes that “sports pools” (defined as the business of accepting wagers on sporting events) “is allowable gaming under this Compact only if such wagers are allowed on non-Tribal lands under the law of the State.” Thus, when sports wagering became legal in Mississippi by virtue of the 2017 amendments to the Gaming Control Act, it also became an ‘authorized’ form of gaming for the Choctaw Tribe under its long-ago negotiated compact with the state. In Mississippi, the compact forged in 1994 needs no changes.
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