The legal dispute over a casino license designated for Pope County in Arkansas, which was approved in 2018 via a statewide ballot referendum and subsequently pulled back through another statewide referendum last November, is expected to be settled next month.
In the federal court for Arkansas' Eastern District, Judge D.P. Marshall Jr. will decide if the 2024 referendum that revoked the Pope County casino license was legally binding. The Cherokee Nation, which was recognized as the sole qualified bidder for the Pope County casino opportunity following a lengthy legal struggle last June, claims that the November referendum infringed upon its constitutional rights.
The defendants listed are the State of Arkansas, Governor Sarah Huckabee Sanders (R), and the Arkansas Racing Commission. This week, both parties concluded their arguments before Marshall, who noted that although he usually likes to deliver his verdicts from the bench, this case requires additional time.
Marshall asked the plaintiff and defendants to provide post-trial briefs after listening to the opposing party's testimony to assist him in making a decision. He mentioned that he aims to announce his decision in April.
2018 and 2024 Ballot Initiatives
In 2018, residents of Arkansas sanctioned four commercial casinos located in Crittenden, Garland, Jefferson, and Pope counties. The gaming legislation permitted the Southland and Oaklawn racetracks, located in Crittenden and Garland, to transform into casinos featuring slot machines, live dealer table games, and sports wagering.
Officials in Jefferson collaborated with the Quapaw Nation of Oklahoma for the Saracen Casino Resort located in Pine Bluff. Pope, nonetheless, received two offers — one from the Cherokees and another from a riverboat gaming company based in Mississippi.
Following years of legal disputes and numerous lawsuits, Gulfside Casino Partnership was considered unfit to bid, and the Cherokees received the Russellville gaming concession.
The legal saga did not conclude at that point.
The Choctaw Nation, aiming to safeguard its gaming ventures in Eastern Oklahoma, specifically Choctaw Casino & Resort Pocola located roughly 80 miles west of Russellville, initiated efforts to overturn the Pope County license. The tribe supported Local Voters in Charge to effectively present Issue 2 to the electorate. The measure additionally revised the Arkansas Constitution to permit only the Arkansas Racing Commission to issue casino licenses in counties where local referendums indicated approval for slots, tables, and sports betting.
In 2018, Pope County was one of only 11 out of 64 counties in the state that opposed the casino referendum. That referendum, however, needed only majority support across the state to permit casinos in Crittenden, Garland, Jefferson, and Pope.
Cherokee Claims
In the last seven years, the Cherokee Nation has invested numerous millions of dollars in its quest to build Legends Resort & Casino in Russellville. The tribe claims it invested $12.5 million last year in an unsuccessful attempt to protect its Pope County gaming license from Issue 2.
In their federal lawsuit, the Cherokees claim that Issue 2 misled voters by failing to disclose that a "yes" vote would annul the casino license currently granted for Russellville. The tribe's grievance also points out that nearly 56% of voters in Pope County opposed the 2024 referendum.
The Cherokees assert that the amendment's result, which revoked their gaming rights in Pope County, infringes upon their rights as defined by the Due Process Clauses, the Contract Clause, the Equal Protection Clause, and the Takings Clause of the U.S. Constitution.