The US state of Wisconsin’s new mobile sports betting law faces a constitutional challenge seeking to prevent its tribal-led market from launching.
The Wisconsin Institute for Law & Liberty filed the case in Waukesha County Circuit Court on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty.
The lawsuit asks the court to declare 2025 Wisconsin Act 247 unconstitutional, prevent Governor Tony Evers from negotiating related tribal gaming compact amendments and block state officials from authorising or administering statewide mobile sports betting.
Evers signed the legislation on April 9 after it received bipartisan approval from Wisconsin’s Senate and Assembly.
The law allows players located anywhere in Wisconsin to place mobile sports wagers, provided the betting system operates under a tribal gaming compact and the servers processing the transactions are located on tribal land.
Mobile wagering cannot launch until the state and Wisconsin’s 11 federally recognised tribes agree compact amendments and receive federal approval.
Evers said when signing the legislation that all 11 tribes had expressed support for the opportunity created by the bill.
The plaintiffs argue that the legislation violates a state constitutional amendment approved by voters in 1993, which prevents the legislature from authorising new forms of gambling outside specified exceptions.
They claim lawmakers attempted to avoid that restriction by changing the statutory definition of a bet rather than directly authorising statewide mobile sports wagering.
Kirsten Atanasoff, associate counsel at the Wisconsin Institute for Law & Liberty, said: “Thirty-three years ago, Wisconsinites expressed through a constitutional amendment that the Legislature may not expand gambling in any form.
“Neither lawmakers nor Governor Evers are allowed to flout that constitutional limit. This lawsuit ensures that elected officials remain accountable to the people of Wisconsin by upholding the constitutional limits the people themselves called for.”
The complaint also alleges that Evers lacks the authority to implement the legislation through amended tribal compacts and that the tribal-only structure violates the Equal Protection Clause of the US Constitution.
The claim that the system provides benefits based on race is disputed because federally recognised tribes hold a distinct political and sovereign status under US law.
Britt Cudaback, spokesperson for Evers, rejected the challenge and said the governor would oppose efforts to undermine the sovereignty of Wisconsin’s tribal nations.
The lawsuit is not backed by commercial sportsbook operators.
The Sports Betting Alliance, whose members include FanDuel, DraftKings, bet365, BetMGM and Fanatics, previously opposed the legislation and argued that Wisconsin should instead hold a constitutional vote on an open commercial market.
A successful challenge could prevent Wisconsin from launching mobile sports betting under Act 247 and force lawmakers to pursue a voter-approved constitutional amendment or an alternative legislative structure.
