Two conservative organizations in Wisconsin are launching a legal challenge against state officials, including Governor Tony Evers, aiming to halt the implementation of tribal online sports betting in the state.
Court filings made in the Wisconsin Circuit Court of Waukesha County on August 5 reveal that the Wisconsin Institute for Law & Liberty (WILL) is suing Evers, Wisconsin Division of Gaming Administrator John Dillett, and others on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty. The lawsuit seeks to block Wisconsin from enacting legislation related to online sports betting.
This legal action follows Evers’ signing of an online sports betting bill in April 2026, which grants full control of the betting operations to federally recognized tribes in Wisconsin through their gaming compacts. WILL argues that this bill contravenes a constitutional amendment that restricts the state legislature from permitting any form of gambling, excluding bingo, state-licensed raffles, pari-mutuel on-track betting, and the Wisconsin Lottery.
"These statutory changes in Act 247 violate the Wisconsin Constitution’s unequivocal restriction on the legislature’s ability to authorize gambling," states the complaint.
The organization contends that the bill establishes a monopoly for tribal entities, asserting that the act provides advantages to certain groups based on tribal membership, effectively differentiating on the basis of race.
"This violates the United States Constitution’s Guarantee of Equal Protection under the Fourteenth Amendment," the lawsuit claims.
WILL supports its opposition to online sports betting with data from Marquette University Law School, revealing that 64% of participants in a recent survey oppose the legalization of such betting in Wisconsin.
How will the structure of online betting work in Wisconsin?
Evers ratified Assembly Bill 601 in April, following the Wisconsin Senate’s approval of the legislation with a 21-12 vote in March. Despite the pushback regarding the exclusive rights given to tribes for online wagering, the measure proceeded.
According to AB 601, the online sports betting framework for Wisconsin aligns with that of Florida, implementing a "hub-and-spoke" model that facilitates access to online betting through gaming servers situated on tribal lands. In Florida, for example, the Seminole Tribe is tasked with hosting the servers to enable online wagering statewide.
Tribes in Wisconsin will need to amend their gaming compacts with the state to accommodate online betting, a process that will require approval from the Bureau of Indian Affairs. WILL addresses this aspect in its lawsuit, noting that these compacts will need to undergo renegotiation by state tribes.
"Further, any amendments to existing state-tribal compacts designed to carry out this law—as Governor Evers is contemplating—would be ultra vires," the complaint states, referring to amendments that could be considered beyond the authority granted by state law.
AB 601 also outlines the taxation framework for online sports betting in Wisconsin. Under this structure, tribes are mandated to retain 60% of the revenue generated from online wagers, a setup that has raised objections from operators like FanDuel and DraftKings, who argue that the model is not viable for their businesses.
What is WILL pursuing with its lawsuit?
WILL is seeking a court ruling to declare Wisconsin's tribal online sports betting law unconstitutional, aiming to prevent Evers from executing the new gambling legislation through tribal gaming compacts. The organization also seeks to ensure that state officials cannot authorize or manage mobile sports betting.
The suit names Evers and Dillett, along with Wisconsin Department of Administration Secretary Kathy Blumenfeld and Indian Gaming Audit Director Jessie Dushek, as defendants.
