Two taxpayer groups filed a lawsuit on August 5, 2026, in Waukesha County Circuit Court asking a judge to declare 2025 Wisconsin Act 247 unconstitutional. The Wisconsin Institute for Law & Liberty brought the case on behalf of the Brown County Taxpayers Association and Citizens Defending Liberty. Act 247 changes the statutory definition of a "bet" by excluding certain mobile sports and event wagers when the server or other device used to conduct the wager is physically located on federally recognized tribal Indian lands in Wisconsin.
Governor Tony Evers signed the bill, Assembly Bill 601, on April 9, 2026. Statewide mobile Wisconsin sports betting has not launched, and implementing Act 247 requires changes to the state's gaming compacts with tribes.
What the Lawsuit Argues
The first claim points to Article IV, Section 24 of the Wisconsin Constitution, which voters amended in 1993 to prohibit the Legislature from authorizing gambling outside specified constitutional exceptions. The complaint argues that excluding certain mobile wagers from the definition of a "bet" authorizes a form of gambling that the constitution does not permit.
WILL associate counsel Kirsten Atanasoff said in a statement, "Thirty-three years ago, Wisconsinites expressed through a constitutional amendment that the Legislature may not expand gambling in any form."
The Equal Protection Claim
A separate claim is based on the Fourteenth Amendment. Under Act 247, the statutory exception applies to certain wagers placed through mobile Wisconsin betting apps and conducted using equipment physically located on tribal Indian lands, while the statute does not by its terms restrict who may place a wager. The complaint argues that the law creates an exclusive statewide sports betting privilege tied to tribal gaming and alleges that it makes an unconstitutional racial distinction through tribal membership.
What the Suit Asks For
The named defendants are Evers, Department of Administration Secretary Kathy Blumenfeld, Division of Gaming Administrator John Dillett and Indian Gaming Audit Director Jessie Dushek, all in their official capacities. The lawsuit also challenges Evers' authority to negotiate compact amendments to implement Act 247 and asks the court to block state officials from authorizing or administering statewide mobile sports betting.
The complaint says Evers has taken steps toward securing those compact amendments. In his April 9 signing statement, Evers called the legislation "the beginning of a conversation, not the end of one" and said the state would not make decisions about the 11 tribal nations without all 11. Britt Cudaback, communications director for the governor, said the administration will fight the lawsuit.
