A Washington state court has dealt another blow to Maverick Gaming's challenge against tribal sports betting exclusivity, as the 9th Circuit Court upheld the previous dismissal of their lawsuit.

Maverick Gaming, which operates multiple card rooms in Washington, had contested the state's tribal-only sports betting law, claiming it created an unconstitutional monopoly. The company expanded aggressively in Washington after the 2018 Supreme Court decision on sports betting, acquiring 19 venues in 2019.

The lawsuit challenged both state and federal governments, arguing that:

• The federal approval of tribal sports betting compacts was unlawful
• The arrangements violated the Fifth Amendment's equal protection clause
• The compacts breached the Indian Gaming Regulatory Act (IGRA)

The case transformed into a sovereign rights issue when the Shoalwater Bay Tribe intervened. In February 2023, Judge David Estudillo dismissed the suit, stating that Maverick was attempting to "invalidate tribal gaming compacts, an acknowledged legal entitlement."

The 9th Circuit panel's recent decision affirmed that:

• The Shoalwater Bay Tribe's sovereign immunity remained intact despite their intervention
• The case cannot proceed without the tribe's involvement
• The litigation directly affects the tribe's sovereign and economic interests

Maverick CEO Eric Persson, himself a Shoalwater Bay tribal member, has indicated willingness to take the fight to the Supreme Court if necessary. However, this latest ruling significantly diminishes the likelihood of success in challenging tribal gaming exclusivity in Washington state.

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