Attempt To Add New Casino in Arkansas Hits Another Snag

Article by : Erik Gibbs Jan 17, 2024

• 
• 

The Arkansas Supreme Court declined a rehearing petition from Legends Resort and Casino and Cherokee Nation Businesses, holding the Arkansas Racing Commission’s award of the Pope County casino license to the consortium in violation of Amendment 100 of the state constitution.

Approved in November 2018, Amendment 100 authorized the licensing of four full-scale casinos, with three currently operating in Hot Springs, Pine Bluff and West Memphis.

The court’s 5-2 decision on October 26 affirmed a ruling by Pulaski County Circuit Judge Tim Fox, who argued that the Racing Commission erred in awarding the license to two entities, violating the state constitution, and Legends lacked the required casino gaming experience.

The Cherokee/Legends consortium had challenged Fox’s ruling before the Supreme Court, overturning the previous grant to Gulfside Casino Partnership in 2020.

Gulfside legally contested this decision, seeking Judge Fox’s intervention to revoke the consortium’s license.

The commission’s move followed an October 2021 state Supreme Court reversal of Judge Fox’s ruling, deeming a commission rule and state law unconstitutional.

The rule required endorsements for casino licenses from current local officials, challenging Gulfside’s support letter signed by the former Pope County Judge Jim Ed Gibson just before his term ended in December 2018.

The Pope County casino license has fueled ongoing legal disputes, and the Arkansas Racing Commission will consult with the attorney general’s office and the state Department of Finance and Administration for the next course of action.

Trent Minner, overseeing the Racing Commission, indicated that discussions would guide subsequent steps. Scott Hardin, a finance department spokesperson, mentioned upcoming meetings, with the next scheduled for January 20 at Oaklawn during live racing.

The Arkansas Racing Commission, currently led by Chairman Alex Lieblong along with members Mark Lamberth, Steve Anthony, Denny East, Michael Post, Bo Hunter and Steve Landers, faces upcoming expirations of terms for Lieblong and Post.

Simultaneously, the Arkansans for Local Voices ballot committee has officially registered, aiming to advocate for a proposed constitutional amendment in the 2024 general election.

The amendment seeks to annul the casino authorization in Pope County under Amendment 100 and needs local option votes for potential future casino locations.

Cherokee Nation Businesses, the sole applicant with exclusive support from Pope County officials, eagerly awaits the Arkansas Racing Commission and Attorney General’s guidance in complying with Amendment 100.

In response to the Arkansas Supreme Court’s rejection of the Legends/Cherokee rehearing petition, Cross views it as a clear path for the Arkansas Racing Commission to promptly open a new application period.

Stiritz, expressing hope for careful consideration of the Cherokee Nation Businesses’ actions, called for respect toward Arkansas residents aiming to address perceived Amendment 100 injustices.

The Arkansans for Local Voices committee, per its Arkansas Ethics Commission filing, has Jim P. Knight as president, Bill James as treasurer and Rick Thone and Stiritz as general officers.

In August 2022, the Fair Play for Arkansas committee, seeking a constitutional amendment to remove Pope County as a state-licensed casino site, fell short of signatures for the 2022 general election ballot, with financial backing from the Choctaw Nation, as noted by Secretary of State John Thurston.