The Battle Over Arkansas’ Casino Landscape: Cherokee Nation Entertainment vs. Constitutional Amendment
Overview of the Dispute
In a dramatic turn of events in Arkansas, Cherokee Nation Entertainment filed a lawsuit challenging a recent constitutional amendment approved by voters that could block its plans for a casino in Pope County. The amendment, passed on November 7, 2023, intends to revoke the license that Cherokee Nation had obtained under a previous voter-approved measure, causing significant tensions in the state’s gambling landscape.
Background: The 2018 Amendment and Casino Licensing
The roots of this dispute trace back to 2018 when Arkansas voters approved Amendment 100, which allowed for the establishment of casinos in four designated locations across the state. Since then, casinos have successfully operated in three of those locations, but Pope County remained the last opportunity for expansion. Cherokee Nation Entertainment, based in Oklahoma, had plans to develop a sizable 50,000-square-foot casino, alongside a 200-room hotel, conference center, and an outdoor venue, in an area northeast of Russellville.
The Lawsuit: Claims and Concerns
In the lawsuit filed in federal court, Cherokee Nation claims that the newly approved amendment violates its constitutional rights. The amendment not only revokes the casino license but also mandates that any future casino licenses must be approved by voters in the respective county. This presents a shift from the previous requirement of letters of support from local officials, raising concerns about the implications for potentially stifling new casino projects across the state in the future.
Bart Calhoun, an attorney for Cherokee Nation Entertainment, emphasized the commitment of the group to defend their constitutionally granted rights and protect their substantial investments made in good faith based on the previous amendment.
A Costly Rivalry: Cherokee vs. Choctaw Nations
This conflict is not just a legal battle but also part of a larger, costly rivalry between the Cherokee Nation and the Choctaw Nation of Oklahoma. The campaign leading up to the amendment saw over $30 million invested by both sides. The Choctaw Nation operates a casino near the Arkansas border and was instrumental in the push for the amendment, which they assert is backed by the voice of Arkansas voters.
Local Voters in Charge, the independent campaign group supporting the amendment, expressed confidence that the legal dispute is an attempt to override the will of the electorate. Their spokesman, Hans Stiritz, indicated that they stand by the legitimacy of the process that placed Issue 2 on the ballot.
The State’s Position
Attorney General Tim Griffin has labeled the lawsuit as “baseless” and has prepared to defend the state vigorously. His statements reflect a firm stance in support of the amendment and highlight the legal complications that arise in the wake of voter-approved measures.
Future Implications
The approval of this amendment has significant implications for both potential casino ventures in Arkansas and the ongoing rivalry between tribal nations. With the enforcement of the amendment set to take effect on November 13, 2023, the Cherokee Nation’s lawsuit represents a last-ditch effort to salvage their investment and future in the state’s gaming market.
As the legal proceedings unfold, the spotlight will remain on the unfolding dynamics between tribal governments, state regulations, and the voices of local voters. The outcome will not only determine the fate of the planned casino in Pope County but also could reshape the gambling landscape in Arkansas for years to come.
Conclusion: A Complicated Intersection of Law and Gaming
The lawsuit filed by Cherokee Nation Entertainment brings to light the complex interplay of state constitutional amendments, voter sentiments, and the rapidly evolving gambling industry. As stakeholders watch closely, the legal battle serves as a reminder of the stakes involved, not just for the tribes but for the local economies, jobs, and tourism that such developments can bring. The resolution of this case will have lasting reverberations across Arkansas and beyond, making it a vital moment in the landscape of U.S. tribal gaming.
