Final Arguments Conclude in Pope County, Arkansas Casino License Case

A federal trial to determine the fate of a Pope County, Arkansas casino license concluded on Thursday—without a verdict.

U.S. Judge for the Eastern District of Arkansas D.P. Marshall Jr. said that both the plaintiff and defendant gave him lots of information to ponder. He also cannot submit a ruling until both sides enter their post-trial briefs, which are due on April 11.

The case will determine if the Cherokee Nation Business can own and operate a casino in Pope County.

Why the dispute?

The Cherokee nation held a Pope County casino license long before the majority of local voters voted “yes” to a casino ballot initiative during the November election in 2024. 

That vote led to a rejection of the Cherokees’ license and took them out of the running to open the Pope County casino. The Cherokees are now arguing that they should either have their license returned or receive compensatory payments for the damages related to the work they already put into the project. 

Representatives for the natives argued that the initiative, now known as Amendment 104 of the Arkansas Constitution, undermined the year of preparation and millions of dollars they allocated to obtaining the license and preparing to build the casino, which would have been called Legends Casino & Resort Pope County.

The state rebuffed this claim, arguing that the Arkansas’ state motto “Let the people rule” was tangibly enacted at the ballot. 

Attorneys for the state’s office also said that the wording of the amendment allows for the Cherokee Nation and other prospective suitors to obtain a casino license in upcoming election years.

The ongoing battle

The court heard from a variety of witnesses. Their testimonies, along with evidence presented in the case, confirmed that the Choctaw Nation, an Oklahoma-based rival casino group, funded the majority of the efforts by Local Voters in Charge.

Local Voters in Charge is an advocacy group that believes local communities should be left in charge of decisions affecting their neighborhoods.

“It’s wrong for people to make decisions about a casino in another county where they don’t live,” the Local Voters in Charge website reads. “Issue 2 fixes this problem by ensuring that casinos will never be forced into any local community that does not want them.”

Pope County Judge Ben Cross was among the people to testify. He revealed he supported the Cherokee Nation receiving the casino license in 2019, but also said that he opposed casinos when he was on the campaign trail in 2018. 

He clarified that he did not want a casino in the area, but after gauging public support, he wanted to pick the group he felt would do the best charge with a casino. 

It is unclear when the judge in the case will announce his final verdict.