The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit Wednesday challenging Wisconsin’s new online sports betting law as unconstitutional, arguing that lawmakers and the governor exceeded their authority under a 1993 constitutional amendment limiting the expansion of gambling.
WILL, representing the Brown County Taxpayers Association and Citizens Defending Liberty, asked a Waukesha County Circuit Court judge to declare 2025 Wisconsin Act 247 invalid. The suit also seeks to block Gov. Tony Evers from renegotiating gaming compacts with the state’s 11 federally recognized tribes to implement the law.
“Thirty-three years ago, Wisconsinites expressed through a constitutional amendment that the Legislature may not expand gambling in any form,” said Kristen Atanasoff, associate counsel for WILL. “Neither lawmakers nor Gov. Evers are allowed to flout that constitutional limit.”
Evers signed the bipartisan measure into law in April, making Wisconsin the 33rd state to legalize online sports betting. The law allows residents to place bets from anywhere in the state as long as the computer servers processing the wagers are located on tribal lands and the activity occurs under amended gaming compacts. Sports betting is currently limited to certain tribal casinos.
WILL contends the law violates Article IV, Section 24 of the state constitution, which prohibits the Legislature from authorizing gambling beyond specific exceptions such as the state lottery, bingo, raffles and pari-mutuel betting. The group also argues that granting an exclusive statewide privilege to tribes based on tribal membership violates the Equal Protection Clause of the 14th Amendment.
The administration is in the process of negotiating the required compact amendments. In a May interview, Evers said talks were underway and emphasized the need for equity among the tribes, some of which have greater resources than others. Online sports betting will not become available until the new agreements are finalized and approved.
