Wisconsin online sports betting delayed until spring by lawsuit

MADISON, Wis. - Online sports betting is still a long way from reality in Wisconsin. A lawsuit against it won’t be settled until the spring.

The lawsuit is one of the hurdles before online sports betting comes to phones and computers in the Badger State. On Monday, Nov. 9, the case got bigger, with eight tribes being added as intervenors to defend the law.

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Background on the lawsuit

The backstory:

Back in April, the Wisconsin Legislature and Gov. Tony Evers approved a new law that opened the door to online sports betting. However, before there's actual online sports betting, the state and federal government need to sign off.

First, Evers asked the state’s 11 tribes to agree on how online sports betting will work. Once that's done, then the governor will need to re-negotiate the compacts, which are formal agreements, with each tribe. Finally, the federal government would need to sign off on the amended compacts.

The second hurdle for online sports betting is a lawsuit. In August, the Wisconsin Institute for Law and Liberty sued on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty. They argue the law breaks the Wisconsin Constitution.

What's new

Big picture view:

The Wisconsin Department of Justice is defending the law against the lawsuit. On Nov. 9, Waukesha County Judge Arthur Melvin allowed eight tribes to join the case as intervenors. That means they’ll be helping defend the online betting law. 

• The judge added these tribes as intervenors:
• Bad River Band of the Lake Superior Tribe of Chippewa Indians
• Forest County Potawatomi Community
• Ho-Chunk Nation
• Menominee Indian Tribe of Wisconsin
• Oneida Nation
• Red Cliff Band of Lake Superior Chippewa Indians
• Sokaogon Chippewa Community
• Stockbridge-Munsee Community

Lawsuit timeline

What's next:

The lawsuit against the law won’t be settled until next spring. The judge is having the parties take turns laying out their arguments in briefs. Judge Melvin said he’ll hear oral arguments in April 2027, and then likely rule in May.

Lucas Vebber, an attorney arguing against the law, said they will be amending their lawsuit to take into account the state’s new constitutional amendment, which will ban the state from giving preferential treatment based on race or other protected classes.

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Voters approved it 56% yes to 44% no.

Portions of this article were formatted using A.I. FOX6’s Jason Calvi and an editor reviewed it for accuracy and tone prior to publishing.

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