Cherokee Nation Entertainment Challenges Arkansas Constitutional Amendment to Block Casino Project
LITTLE ROCK, Ark. (AP) – The ongoing battle for gambling rights in Arkansas has intensified as Cherokee Nation Entertainment has filed a lawsuit in federal court against a recently approved constitutional amendment that threatens its plans for a casino in Pope County. This legal challenge highlights the complexities and controversies surrounding the state’s gaming industry, which have become deeply intertwined with tribal interests and voter sentiment.
Background of the Dispute
The constitutional amendment in question, which was passed by Arkansas voters on Tuesday, effectively revokes the license that Cherokee Nation Entertainment had acquired for its planned casino. This new measure is scheduled to take effect on November 13, 2023, unless the lawsuit succeeds in blocking its enforcement. The amendment not only specifically blocks the proposed casino but also alters the existing regulations regarding future casino licenses in the state. Under the new provisions, local voter approval will be necessary for any future licenses, which significantly changes the landscape for casino developers.
Pope County was initially one of four designated locations where casinos were allowed to operate following a 2018 constitutional amendment. While the other three locations have successfully established casinos, the fate of Pope County has become a contentious issue, particularly with the financial stakes involved for the Cherokee Nation and its planned development.
Legal Grounds for the Lawsuit
Cherokee Nation Entertainment’s lawsuit claims that the amendment violates its constitutional rights and seeks protection against the retroactive application of the law that they allege infringes on their investment and operational plans. Bart Calhoun, an attorney representing Cherokee Nation Entertainment, emphasized the organization’s commitment to defend its lawful casino license and the substantial investments made based on the assurances provided under the original amendment from 2018.
“We’re firmly committed to protecting our constitutional rights and defending our lawfully issued casino license,” Calhoun stated, encapsulating the rationale behind the legal challenge. The complexity of the case underscores a grander theme in American Indian gaming rights, where tribal sovereignty often clashes with state legislation.
The Political Context
This lawsuit arrives amid a fierce competition in the gaming market involving tribal entities, particularly between the Cherokee Nation and the Choctaw Nation of Oklahoma. The Choctaw Nation played a significant role in backing the amendment, which was aimed at securing their interests in the region and limiting competition from the Cherokee. Notably, the campaign that led to the amendment’s approval reportedly cost the two nations over $30 million combined, showcasing the high stakes involved in the legal and social battles in the gaming industry.
Hans Stiritz, a spokesperson for Local Voters in Charge, which backed the amendment, was quick to dismiss the lawsuit as an attempt to undermine the will of Arkansas voters. “We are fully confident in the process that brought Issue 2 to the ballot,” he asserted, highlighting the importance of voter input in shaping local policies.
State Response and Future Implications
Arkansas Attorney General Tim Griffin described the lawsuit as “baseless” and expressed his readiness to vigorously defend the state’s interests in court. The administration’s support for the amendment stems from a belief that the measure reflects the will of the voters who are keen on regulating the state’s burgeoning casino industry.
As the legal proceedings unfold, the implications of this case will likely reverberate beyond Pope County. The outcome could set a precedent for how states, tribes, and local governments navigate the increasingly competitive and complex gaming environment. Additionally, this scenario raises broader questions about the power dynamics between state authorities and tribal nations, as well as the influence that local voters wield in determining the landscape of organized gambling in their regions.
Conclusion
The lawsuit filed by Cherokee Nation Entertainment against the constitutional amendment poses significant questions about the future of casino development in Arkansas. As both sides prepare for a legal showdown, the conflict underscores the intricate relationship between tribal rights, state laws, and voter influence in shaping gambling policies. With the stakes so high, the resolution of this issue could redefine not just the future of casinos in Pope County, but also the broader context of gaming rights in the United States. With the clock ticking toward the November 13 enforcement date, all eyes will be on the courtroom for what could be a landmark decision.
