Wisconsin’s push to expand online sports betting faces another delay as a legal challenge moves through the courts. Waukesha County Judge J. Arthur Melvin expects to rule by May 2027 on whether the state’s tribal sports betting law is constitutional. The case could also move to federal court, potentially pushing back the timeline even further.
During a recent hearing, Judge Melvin established a schedule for legal arguments in the lawsuit challenging Wisconsin Act 247. The law, signed by Gov. Tony Evers in April, created a pathway for Native American tribes to offer statewide online sports betting through their gaming agreements.
The judge scheduled oral arguments for April 20, 2027, with a ruling expected several weeks later. However, the timeline could change if the tribes seek to move the dispute from state court to federal court.
Melvin allowed eight tribes to join the lawsuit: the Bad River Band of Lake Superior 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, and Stockbridge-Munsee Community. The tribes will help defend the law alongside the Wisconsin Department of Justice.
The lawsuit was filed in August by the Wisconsin Institute for Law & Liberty (WILL), representing the Brown County Taxpayers Association and Citizens Defending Liberty. The plaintiffs argue that Act 247 violates Wisconsin’s Constitution by expanding gambling beyond what voters authorized in a 1993 amendment.
WILL also claims the law provides tribal members with gambling privileges unavailable to other Wisconsin residents, raising concerns about preferential treatment. The lawsuit seeks to prevent the state from implementing the new sports betting framework.
The lawsuit creates another obstacle for Wisconsin’s plans to introduce statewide mobile sports betting. Even though Gov. Evers signed the sports betting bill in April, that did not immediately authorize sportsbooks to begin accepting mobile wagers statewide. Wisconsin’s 11 federally recognized tribes must first reach agreements on how the market will operate, followed by amendments to their gaming compacts.
Those agreements would also require federal approval before online sports betting could launch. The negotiations are important because Evers has emphasized that the expanded gambling market should benefit all participating tribes rather than favoring a select few.
Wisconsin already allows sports betting at certain tribal casinos, including Oneida Casino, but statewide mobile wagering remains unavailable. The unresolved lawsuit adds uncertainty to when residents might gain access to legal online sportsbooks.
The next question is whether the tribes will attempt to move the case to federal court. Such a move could change the legal proceedings and delay a final decision beyond the judge’s current May 2027 estimate.
Even if Wisconsin successfully defends Act 247, the state would still need to complete tribal compact negotiations and secure federal approval before online sportsbooks could launch. With arguments scheduled for April, Wisconsin’s online betting expansion remains uncertain.
