Kalshi: Ho-Chunk Case Should Be Dismissed Because Congress Exempts DCMs From Tribal Gaming Law

By Jill R. Dorson

Ingame.com

Arguing that despite the efforts from Wisconsin’s Ho-Chunk Nation to “affix the ‘sports betting’ label” to its sports event contracts, the U.S. Congress allows for trades made on a designated contract market (DCM) to be exempt from tribal gaming laws, Kalshi Monday filed a brief in support of dismissing the tribe’s case to keep it from operating on Indian land.

In the case in the U.S. District Court for the Western District of Wisconsin, the Ho-Chunk Nation sued Kalshi, and partner Robinhood, in August, arguing that the companies are violating the Indian Gaming Regulatory Act (IGRA) by operating on tribal land. Since then, Kalshi and Robinhood filed motions to dismiss, the tribes filed for a temporary restraining order (TRO) to keep the platforms from operating, the tribes filed a brief in opposition of dismissal, Kalshi requested an expedited discovery timeline, and 16 tribes signed and filed an amicus brief in support of a TRO.

The judge, Anita Marie Boor, has not ruled on the request for a TRO, and all parties continue to argue about which federal law trumps another as the case continues.

After denying Kalshi’s request for expedited discovery, Boor Dec. 9 set a trial date of May 24, 2027. Between now and then, both sides will be required to file myriad documents, including settlement letters and disclosures, as well as participate in at least two pre-trial conferences.

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