Arkansas Supreme Court Strikes Down Second Half of Casino Lawsuit

The Arkansas Supreme Court on Thursday struck down the second part of a lawsuit aimed to revoke a casino license in Pope County.

The 6-1 ruling dismissed in full a suit that said a proposed constitutional amendment related to the casino was “riddled with errors.” Cherokee Nation Entertainment and the Arkansas Canvassing Compliance Committee levied the suit after the casino license had already been awarded to the Cherokee Nation earlier this year.

Thursday’s decision by the court effectively overruled the groups’ claim that the proposal misled future voters.

Done and dusted

Thursday’s decision was the second half of an overall ruling in the case. 

The court announced on Monday that it rejected a separate part of the lawsuit that claimed the group supporting the initiative, called Local Voters in Charge, broke several laws related to signature gathering.

“In sum, we hold that the popular name and ballot title are an intelligible, honest, and impartial means of presenting the proposed amendment to the people for their consideration,” Justice Karen Baker wrote the majority decision. “We hold that it is an adequate and fair representation without misleading tendencies or partisan coloring.”

The controversial casino amendment would strip the Cherokee Nation of the license. Pope County voters approved a 2018 Constitutional amendment to build the casino, though the build process never began due to a variety of legal challenges.

A spokesperson for Local Voters in Charge said after the announcement of the Thursday decision that it was grateful for the court’s verdict.

“This is a great day for the people of Arkansas,” said spokesperson Hans Stiritz. “We are one step closer to ensuring that local voters—not politicians and gambling lobbyists—have the final say on whether or not casinos are allowed in their hometowns.“

A looming decision

The court’s decision means that the Cherokee Nation is no longer entitled to the casino license it was awarded by the Arkansas Racing Commission in June.

Still, a spokesperson for Cherokee Nation Entertainment -  Legends Resort & Casino Arkansas said that the group remains confident that local voters will show enough support to uphold the casino.

“We know Arkansans will reject this sneaky amendment,” Allison Burum said. “It is important for voters to know that Issue 2 is the only thing standing in our way of breaking ground on the $300M Legends Resort & Casino near Russellville, an economic development super project that is licensed, county-approved, and bringing 1,000 jobs and millions in new tax revenue. Vote against Issue 2.”

Arkansas Attorney General Tim Griffin said that he appreciated the ruling and looks forward to local voters having the final say.

“I respect the Court’s decision and am pleased the Court agrees with my office that the ballot title and popular name for the proposed casino amendment are not misleading,” Griffin wrote. “This issue will now be decided by the voters.”