The News: The Wisconsin Institute for Law & Liberty (WILL), representing two taxpayer associations, filed a lawsuit challenging Wisconsin Act 247, the new law that legalizes statewide mobile sports betting through Wisconsin’s tribal gaming system. This new sports gambling monopoly violates the Wisconsin Constitution, which voters amended in 1993 to prohibit the Wisconsin Legislature from “authoriz[ing] gambling in any form” beyond certain narrow exceptions. The lawsuit also challenges Governor Tony Evers’ plan to negotiate new tribal gaming agreements to implement the law, and argues that the law violates the Equal Protection Doctrine by granting a benefit based on race.

The Quotes: WILL Associate Counsel Kirsten Atanasoff stated, “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.”

The Clients: The Brown County Taxpayers Association and Citizens Defending Liberty are Wisconsin taxpayer organizations committed to ensuring state government follows the law. Their members are suing to stop the implementation of what they argue is an unconstitutional expansion of gambling.

Background: Thirty-three years after Wisconsin voters amended the Constitution to prevent future gambling expansions, lawmakers enacted Act 247 without another voter-approved constitutional amendment. With Governor Evers preparing to negotiate tribal gaming compact amendments, the lawsuit seeks to stop the law before statewide mobile sports betting launches. A recent Marquette University Law School Poll found that 64% of Wisconsinites oppose legalizing online sports betting.

Legal Argument: Wisconsin’s Constitution plainly states that “the legislature may not authorize gambling in any form” except for a handful of approved exceptions listed in the Constitution, including the state lottery, bingo and raffles, and pari-mutuel betting. Mobile sports betting is not one of them.

Rather than asking voters to amend the Constitution, the Legislature passed Act 247 in 2026 to legalize betting on mobile devices statewide through tribal gaming compacts. The Constitution prohibits the Legislature from accomplishing indirectly what it cannot do directly.

Governor Evers also lacks authority to negotiate compact amendments and that Act 247 unlawfully grants an exclusive statewide sports betting privilege based on race through tribal membership, violating the Equal Protection Clause of the Fourteenth Amendment.

What We’re Seeking: The lawsuit asks the court to declare Act 247 unconstitutional, block Governor Evers from implementing it through tribal gaming compacts, and prevent state officials from authorizing or administering statewide mobile sports betting.

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