Wisconsin’s new online sports betting framework faces a lawsuit from conservative groups that argue lawmakers lacked constitutional authority to expand gambling. The case targets a law allowing federally recognized tribal nations to offer mobile sports wagering to people physically in Wisconsin.
The Wisconsin Institute for Law & Liberty (WILL) filed the case in Waukesha County Circuit Court for the Brown County Taxpayers Association and Citizens Defending Liberty. The groups want a judge to invalidate the law and block future gaming compact changes that would add sports betting.
Lawsuit Centers on 1993 Amendment
The case focuses on a Wisconsin constitutional amendment approved by voters in 1993. The groups argue it prevents the Legislature from authorizing new gambling forms beyond exceptions involving bingo, raffles and state-run lotteries.
The law passed with bipartisan backing after legislators changed the definition of a “bet” so wagers on sporting events would fall outside it when the computer server handling the transaction sits on federally recognized tribal land.
WILL attorney Lucas Vebber said the change still amounts to authorization.
“But of course, I think our counter to that is if something that was previously illegal is now no longer illegal, you’ve authorized it, right?” said Vebber. “So, by just changing the definition, they’ve made certain things lawful that were not lawful previously, and that itself is a form of authorization that’s not allowed under the constitution.”
Both chambers approved the legislation. Senate Majority Leader Devin LeMahieu, R-Oostburg, worked with Democrats to secure Senate passage. Evers signed the measure in April.
Evers called it the “beginning of a conversation, not the end of one.”
Tribal Provision Faces Equal Protection Claim
WILL also argues the law creates a “new sports gambling monopoly” because it limits the opportunity to tribal nations. The lawsuit claims this violates the Equal Protection Doctrine by providing a benefit based on race.
The groups also challenge planned changes to tribal gaming agreements. Vebber said the case does not seek to overturn existing gaming compacts because it specifically targets the sports betting law.
Wisconsin tribal nations supported the measure, while major online betting companies opposed it. The Sports Betting Alliance, representing FanDuel, DraftKings, bet365, BetMGM and Fanatics, favored a constitutional amendment that would open sports betting to all operators.
Lawsuit Could Raise Wider Gaming Issues
WILL attorney Dan Lennington has suggested litigation could affect Wisconsin’s broader gaming structure. He wrote that a lawsuit over the law “will likely call into question all gaming in Wisconsin, not just online sports betting.”
WILL Associate Counsel Kirsten Atanasoff 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,”
Evers spokesperson Britt Cudaback responded by describing WILL as “a radical, right-wing entity that is actively working to undermine the sovereignty of the Tribal Nations in Wisconsin, and @GovEvers will fight that effort every step of the way.”
Source:
“Conservative groups sue to stop online sports betting in Wisconsin”, wpr.org, August 5, 2026
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