Arkansas’ Pope County Casino License Fields Yet Another Lawsuit

Posted on: August 2, 2024, 12:11h. 

Last updated on: August 2, 2024, 09:43h.

Devin O'Connor @CasinoorgDevinO Read More
Expertise: Asia Pacific Gaming, Commercial Gaming, Legislation, Politics.

Arkansas Secretary of State John Thurston’s office on Wednesday announced that a ballot referendum campaign seeking to rescind a casino license for Pope County had submitted enough signatures for the question to go before voters on November 5.

Pope County Arkansas casino license
There’s another “civil war” going on in Arkansas’ Pope County between two feuding tribes based in Oklahoma that have opposing opinions on whether a casino should be allowed in the county’s seat of Russellville. In June, the Arkansas Racing Commission issued the Pope County casino license to the Cherokee Nation. (Image: Wikimedia)

Almost immediately after Thurston said Arkansans would be asked in November if they support requiring counties to conduct local referendums and field majority support for a casino development before the Arkansas Racing Commission (ARC) could issue the project a gaming license, the Cherokee Nation of Oklahoma filed a lawsuit asking the Arkansas Supreme Court to disqualify the referendum.

Through its commercial arm, Cherokee Nation Entertainment, the tribe secured the Pope County casino opportunity in June after ARC determined it was the sole qualified bidder because it had judicial support from Pope County Judge Ben Cross and the Pope County Quorum Court. Another applicant, Mississippi-based Gulfside Casino Partnership, continues to challenge ARC’s conclusion on allegations that Cross used “coercive tactics” to shun its bid.

The referendum led by Local Voters in Charge also threatens the Cherokees’ plans to realize a $300 million casino resort in Russellville called Legends Resort & Casino.

Local Voters in Charge is bankrolled by the Choctaw Nation, also of Oklahoma, which is seeking to protect its tribal casinos in eastern Oklahoma.

Referendum Challenge

Thurston’s office said Local Voters in Charge submitted more than 162K signatures. His staff validated more than the needed 90,704 signatures to move the question to the November ballot.

Cherokee attorneys allege in their legal filing with the state’s highest court that Local Voters in Charge violated several laws in their canvassing procedures. The Cherokee lawsuit alleges that Local Voters in Charge used deceptive tactics to trick Arkansans into signing the petition.

The litigation seeks to invalidate signatures obtained by Local Voters in Charge for failure to comply with Arkansas law on numerous grounds during the canvassing process,” said Cherokee spokesperson Allison Burum.

The lawsuit asks the court to withdraw the referendum on grounds that the campaign violated state laws, including paying canvassers for each signature they obtained and making false statements about the true intent of the referendum.

If the Arkansas Supreme Court doesn’t intervene and the casino question goes before voters, the Cherokees will campaign heavily from now until Election Day to convince citizens to vote against the measure. The Cherokees have established Investing in Arkansas and flushed the campaign with nearly $1 million.

Local Voters in Charge, however, has about $1.5 million in cash. The Choctaws spent $3.8 million in establishing the referendum and collecting signatures.

Campaign Response

Pope County was one of only 11 counties of the 75 in Arkansas that voted against the 2018 statewide ballot referendum that authorized commercial gambling in the Razorback State.

The outcome allowed the Southland and Oaklawn racinos to become full-scale casinos with slots, live dealer table games, and sports betting. The vote additionally authorized new from-the-ground-up casinos in Pope and Jefferson counties.

Local Voters in Charge’s referendum would repeal the authorization of a casino license in Pope County and require countywide voter approval for any new casino licenses authorized through future constitutional amendments.

“In record numbers, Arkansas voters have stated the obvious — casinos should not be forced into communities that do not want them,” said campaign spokesperson Hans Stiritz. “Our state’s motto ‘Regnat Populus’ — ‘The People Rule’ — is a promise that we can fulfill by supporting Local Voter Control of casino gambling in November.”