Lawsuit Challenges Authority Behind Wisconsin Act 247 Online Sports Betting Framework

A coalition of conservative organizations has filed a lawsuit in Waukesha County Circuit Court seeking to block Wisconsin’s newly enacted online sports betting legislation. The action targets Wisconsin Act 247, signed by Governor Tony Evers in April 2026, which created a pathway for mobile wagering processed on federally recognized tribal lands. Plaintiffs argue the measure exceeds the legislature’s power under a 1993 state constitutional amendment limiting gambling expansion.

The suit was brought by the Wisconsin Institute for Law & Liberty (WILL) on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty. Named defendants include Evers, Wisconsin Division of Gaming Administrator John Dillett, Wisconsin Department of Administration Secretary Kathy Blumenfeld and Office of Indian Gaming and Regulatory Compliance Indian Gaming Audit Director Jessie Dushek. As reported by World Casino News, the challenge focuses on both statutory changes and the law’s structure.

Constitutional Limits on Legislative Action

The core claim is that Act 247 violates the Wisconsin Constitution by authorizing sports betting through revised definitions rather than explicit approval. The law redefined a “bet” to exclude wagers on sporting events when the server is on tribal land. The complaint states: “These statutory changes in Act 247 violate the Wisconsin Constitution’s unequivocal restriction on the legislature’s ability to authorize gambling.”

Lucas Vebber, deputy counsel for WILL, said the reasoning is that the Legislature passed a bill it lacked authority to pass. “This lawsuit is not pro-gambling or anti-gambling,” Vebber said. “If the people of Wisconsin want sports betting anywhere, on their phone or anywhere that they want it, all they have to do is repeal the constitutional amendment.” Vebber added that altering definitions to render previously illegal conduct lawful constitutes unauthorized action.

Tribal Revenue Split and Equal Protection Claims

A second element contests the framework granting tribes control via compact amendments, with tribes retaining 60 percent of revenue. The complaint states this creates a benefit available only to tribal members and “violates the United States Constitution’s Guarantee of Equal Protection under the Fourteenth Amendment.” Potential compact changes are labeled “ultra vires.”

The underlying bill passed the Senate by a 21-12 vote. The suit cites Marquette University Law School polling showing 64 percent of respondents oppose legalization. Major operators DraftKings and FanDuel criticized the model’s commercial prospects. Online wagering remains on hold pending updates to compacts with the state’s 11 tribes and Bureau of Indian Affairs approval. Plaintiffs ask the court to declare the law unconstitutional, bar state officials from administering mobile betting, and block related compact amendments. Evers’ office has responded that the suit targets tribal sovereignty and vowed opposition.

Reporting: World Casino News

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