Share 
State of Play’s TL;DR
- Wisconsin’s new online sports betting law is now facing a court challenge that could reshape more than just sports wagering in the state.
- Plaintiffs argue the measure violates Wisconsin’s constitution and unlawfully limits the benefit to bets routed through servers on tribal lands.
A lawsuit filed in Waukesha County Circuit Court seeks to have Wisconsin’s online sports betting law declared unconstitutional and to block future efforts to amend gaming compacts to include sports betting.
The case was brought by the Wisconsin Institute for Law and Liberty (WILL) on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty.
Lawsuit targets March sports betting law
According to the complaint, Wisconsin’s 1993 constitutional amendment limits authorized gambling to bingo, raffles, and the state lottery. The challenged law, passed with bipartisan support in March, changed the definition of a “bet” so wagers on sporting events would not count as prohibited gambling if the server handling the transaction is located on federally recognized tribal land.
WILL attorney Lucas Vebber told Wisconsin Public Radio that lawmakers appeared to be “just changing the definition” rather than expressly authorizing online sports betting.
“But of course, I think our counter to that is if something that was previously illegal is now no longer illegal, you’ve authorized it, right?”
The suit also argues the law violates the US Constitution because it benefits only members of Wisconsin’s 11 federally recognized tribal nations. Vebber said no sports betting companies are involved in the case.
Broader questions for tribal gaming and Wisconsin policy
The legal fight could extend beyond mobile sports wagering. WILL attorney Dan Lennington previously said the challenge “will likely call into question all gaming in Wisconsin, not just online sports betting,” and added that “The casinos are on shaky legal ground already.”
That raises the stakes for any future attempt to add sports betting through amended tribal gaming compacts. The lawsuit specifically asks the court to block those future efforts.
Gov. Tony Evers’ office signaled it will defend the law. Spokesperson Britt Cudaback criticized WILL in a social media post, calling it “a radical, right-wing entity that is actively working to undermine the sovereignty of the tribal nations in Wisconsin, and @GovEvers will fight that effort every step of the way.”
Based on reporting by Rich Kremer for Wisconsin Public Radio.
