Arkansas Supreme Court Asked to Block Casino Ballot Measure

LITTLE ROCK, Ark. Opponents of a proposal to block a planned casino in Arkansas have escalated their efforts, filing a legal challenge with the Arkansas Supreme Court to disqualify the measure from appearing on the November ballot.

The lawsuit was filed on Thursday by Cherokee Nation Entertainment and a newly formed affiliated group, just one day after the Arkansas Secretary of State’s office announced that the ballot measure had met the necessary signature requirements to qualify. Cherokee Nation Entertainment, which holds the license to build and operate the casino in question, is vigorously opposing the proposed constitutional amendment, which would revoke the license granted for a Pope County casino.

The legal action centers on allegations that the campaign supporting the ballot measure, which is financially backed by the Choctaw Nation of Oklahoma, committed multiple violations of state law during the signature-gathering process. According to the lawsuit, canvassers hired by the campaign were illegally compensated or awarded prizes based on the number of signatures they collected, a practice prohibited under Arkansas law. The lawsuit further alleges that these canvassers made repeated false statements about the measure while soliciting signatures from voters.

Additionally, the lawsuit challenges the ballot proposal’s language, arguing that it is “riddled with flaws” and could potentially mislead voters about the amendment's true impact. These concerns have been voiced by Dover Mayor Roger Lee, who serves as an officer with the Arkansas Canvassing Compliance Committee, a group formed to oppose the measure. Lee emphasized the need for transparency and compliance with state laws, stating, “Arkansans must be made aware of this deliberate scheme to openly violate Arkansas laws regarding canvassing and to mislead and confuse voters.”

In response, Local Voters in Charge, the group that sponsored the ballot measure, criticized the lawsuit and reaffirmed its commitment to defending the initiative. Hans Stiritz, a spokesperson for the group, argued that the lawsuit aims to disenfranchise the 116,000 Arkansas voters who signed the petition. “It’s disappointing, but not surprising, that Cherokee Nation Businesses has filed a lawsuit that seeks to silence the voices of 116,000 Arkansas voters who want something that could not be more reasonable: a statewide vote to give local voters the final say on whether a casino should be built in their community, or not,” Stiritz said in a statement.

The proposed constitutional amendment seeks to revoke the license granted for a casino in Pope County, one of four sites where casinos were authorized under a 2018 constitutional amendment approved by Arkansas voters. The other three locations—Jefferson County, Crittenden County, and Garland County—have successfully established casinos, but the Pope County site has been embroiled in legal battles for several years, preventing its development.

The dispute over the Pope County casino has a long history of contention, beginning with the initial licensing process and continuing through multiple lawsuits and legal challenges. Cherokee Nation Entertainment was eventually awarded the license after a prolonged legal struggle, but the proposed amendment threatens to overturn that decision, effectively blocking the casino's construction.

The Arkansas Secretary of State’s office, which is named as the defendant in the lawsuit, confirmed on Wednesday that the ballot measure had received more than enough valid signatures from registered voters to qualify for the November ballot. However, the office has declined to comment on the pending litigation.

As the state Supreme Court prepares to hear arguments from both sides, the outcome of this legal battle could have significant implications for the future of casino development in Arkansas. If the court rules in favor of the opponents, the measure will be removed from the ballot, allowing the Pope County casino project to move forward. Conversely, if the court upholds the ballot measure, Arkansas voters will have the opportunity to decide the fate of the Pope County casino in the upcoming election.

 

The controversy surrounding the Pope County casino is emblematic of the broader debate over gambling in Arkansas, where proponents argue that casinos bring economic benefits and job opportunities, while opponents raise concerns about the potential social and economic costs associated with gambling. The outcome of this case could set a precedent for how future disputes over casino development are resolved in the state.

As the legal process unfolds, both supporters and opponents of the ballot measure are expected to intensify their efforts to sway public opinion and influence the court's decision. The Arkansas Supreme Court’s ruling will likely be closely watched by stakeholders on both sides of the issue, as well as by voters who will ultimately determine the fate of the casino project if the measure remains on the ballot.

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