The efforts of the leading gaming and hospitality company, Cherokee Nation Entertainment (CNE), toward securing a casino gaming license for Pope County from the Arkansas Racing Commission (ARC) continue. Earlier this week, the company confirmed it resubmitted its application with the gambling regulator. Ultimately, CNE is after securing a casino gaming license that would permit the development of a massive project called Legends Resort and Casino Arkansas.

CNE’s project has a price tag of more than $300 million. The ambitious project, planned for development in Pope County, is expected to create thousands of direct and indirect jobs. At the same time, Legends Resort and Casino is expected to generate $5 billion in economic stimulus to Arkansas for the first decade of operating.

The proposed project is expected to offer a hotel with 200 luxury rooms, as well as additional amenities, including a spa, a pool and spaces that can be used for special events, concerts or meetings. Not unexpectedly, Legends Resort and Casino is expected to offer supreme gaming entertainment with its 50,000-square-foot casino floor. The venue would become a home to a sportsbook, a poker room, as well as nearly three dozen table games and 1,200 of the most popular slot games.

“Legends Resort & Casino Arkansas, operated by Cherokee Nation Entertainment, represents an over $300 million investment that will provide a welcomed economic anchor for Pope County, the River Valley and the state of Arkansas,“

reads a statement released by Cherokee Nation Entertainment

The Company Is Ready to Commence Construction

Mark Fulton, CNE’s president, spoke about the importance of collecting community feedback. He explained that the company’s project is ahead of the competition considering that its team “listened to the community” and also engaged in voluntary work. “Once the casino license is awarded, we expect to commence the 18-month construction process after 60 to 90 days of permitting and pre-construction work,” added Fulton.

Finally, CNE’s president confirmed that the company is ready to meet its obligations under the development agreement with Pope County once the license is awarded.

“For the past five years, we have been laying the groundwork for this one-of-a-kind, shovel-ready commercial casino resort and becoming engrained in the local community.“

Chuck Garrett, CEO at CNE

Chuck Garrett, CNE’s CEO, added that the company is ready to commence the construction of Legends Resort and Casino. He spoke about CNE’s efforts in securing a Large-Scale Development permit from the City of Russellville.

Additionally, Garrett acknowledged the importance of purchasing 325 acres of land and the support for the company from Pope County leaders. Finally, the CEO said that CNE is looking forward to securing the casino license from the Arkansas Racing Commission.

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Arkansas Attorney General Tim Griffin has given the green light to revised ballot language for a proposed constitutional amendment. This amendment aims to strip the Arkansas Racing Commission of its authority to issue a casino license in Pope County and mandates local voter approval for any new casino licenses outside of three specified counties.

Arkansas Ballot Initiative Advances Amidst Casino License Controversy

Attorney General Tim Griffin‘s certification of the ballot language sets the stage for the Local Voters in Charge ballot committee to initiate signature collection from registered voters. The committee needs to gather 90,704 signatures, including representation from 50 counties, by July 5 to secure a spot for the proposed amendment on the November 5 general election ballot, reported Arkansas Democrat-Gazette.

The proposed amendment comes amidst ongoing disputes over the issuance of a casino license in Pope County, stirring up legal battles and community tensions. With billions of dollars at stake annually in the state’s gambling industry, the proposed changes could have far-reaching implications.

Hans Stiritz, spokesperson for the Local Voters in Charge committee, expressed gratitude for the attorney general’s approval. He highlighted in a written statement that the measure would prevent casinos from entering communities that oppose them and would enable local voters to define the identity of their respective hometowns. 

Meanwhile, Allison Burum of Cherokee Nation Businesses reiterated their commitment to their proposed Legends Resort & Casino project, emphasizing its potential economic impact.

Revised Ballot Language Signals Shift in Arkansas Gambling Laws

Griffin’s decision to revise the ballot language reflects concerns about clarity and accuracy. He stressed the need for precise wording to ensure voters fully understand the implications of the proposed amendment. Changes were made to align the language with legal definitions and to provide a clearer summary of the measure’s content.

The amendment seeks to repeal existing authorization for a casino in Pope County and mandates special elections for any future casino licenses outside of specified counties. This move represents a significant shift in the state’s gambling policies, prompting intense debate among stakeholders.

At the same time, at the end of January,  the Arkansas Racing Commission confirmed it is going to revise casino rules, potentially paving the way for the final casino license in Pope County, concluding the state’s casino expansion. 

The approval of the revised ballot language sets the stage for a heated campaign season as both proponents and opponents gear up to sway public opinion. With the potential for major changes to Arkansas’ gambling landscape, the upcoming months promise to be pivotal for the state’s future.

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Several years ago, in 2018, residents in Arkansas voted in favor of an amendment to the state’s constitution that proposed casino gambling expansion. Per the amendment, casinos would be established in Crittenden, Jefferson, Garland and Pope Counties. By now, all counties have already established their casinos with the exception of Pope County, where the fourth casino license was tangled in a legal dispute that is still ongoing.

In light of the ongoing legal battle, the Arkansas Racing Commission (ARC), the gambling regulator in the state, confirmed its plans to revise casino rules with the ultimate goal of settling the dispute once and for all. This revision is expected to restart the application process under new guidelines, ensuring that a suitable bidder is selected for the Pope County casino license.

Yet, not everyone agrees with the casino expansion. Local Voters in Charge, a group that opposes the casino expansion, seeks to repeal the efforts for casino gambling in Pope County. The group seeks to change Amendment 100 which voters in Arkansas approved back in 2018. Local Voters in Change proposes to repeal the text that focuses on Pope County: “The Arkansas Racing Commission shall award a casino license to a casino applicant for a casino to be located in Pope County within two miles of the city limits of the county seat.”

The group intends to achieve its goal via a referendum where voters would be asked to remove the aforementioned text. This is in opposition to the ongoing efforts of the ARC and instead of resolving the legal battle proposes to end the possibilities for a casino in Pope County. Still, considering that the process is expected to be completed via a referendum, this doesn’t guarantee a win for Local Voters in Charge.

Local Voters to Determine the Future of Casino Projects

Besides the aforementioned effort, the activist group seeks further changes that would guarantee local voters’ opinion is heard when it comes to casino gambling. Local Voters in Charge proposed local voters in different counties to give the final green light when it comes to casino projects.

The group supports the idea of organizing a countywide special election that would determine the outcome of proposed casino projects with voters supporting or rejecting such projects. This would otherwise put the matter in the hands of the voters, who would have the right to vote in favor or against casino projects under the proposed referendum from Local Voters in Charge.

To put up the two topics for a referendum, the group would need a green light from Arkansas Attorney General Tim Griffin’s office. Under the existing regulations, once the Attorney General greenlights the efforts, Local Voters in Charge would have to gather signatures from all counties equal to a minimum of 10% of the total votes from the last state governor election, representing nearly 91,000 signatures.

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The Arkansas Supreme Court has rejected a petition from Legends Resort and Casino and Cherokee Nation Businesses, seeking a rehearing in a case where the court ruled that the Arkansas Racing Commission’s award of the Pope County casino license to the consortium violated Amendment 100 to the Arkansas Constitution. This decision leaves the Commission free to determine how to resolve the matter.

The Court Decision Marks Significant Progress

The legal battle began in November 2021 when the Arkansas Racing Commission issued the Pope County casino license to the Legends/Cherokee consortium, nullifying the license previously awarded to Gulfside Casino Partnership in 2020. Gulfside challenged this decision, leading to several years of court cases and disputes that may significantly affect the state’s gambling sector.

Amendment 100 to the Arkansas Constitution, approved by voters in November 2018, empowered the Arkansas Racing Commission to license four full-fledged casinos. However, in a 5-2 ruling on October 26, 2023, the state’s Supreme Court affirmed a decision by Pulaski County Circuit Judge Tim Fox, stating that the Arkansas Racing Commission erred in the licensing process.

The Commission had awarded the license to two entities, Legends Resort and Casino and Cherokee Nation Businesses. The court ruled that only a single entity could hold a casino license. Legends failed to meet the licensing requirements stipulated in the Arkansas Constitution due to a lack of prior casino gaming experience, disqualifying the venue from offering gambling services.

Legends Resort and Casino’s Future Remains Uncertain

The court’s decision not to grant a rehearing further complicates the situation. The next step involves the Arkansas Racing Commission meeting to receive input from the attorney general’s office and the state Department of Finance and Administration to determine the best course of action that will cause minimal disruptions.

The Pope County casino license has been a source of contention, with billions of dollars collectively wagered at the state’s casinos annually. Trent Minner, administrator of the state Department of Finance and Administration’s Regulatory Division, which includes the Racing Commission, stated that the Commission would assess the situation in upcoming meetings.

The high court’s decision effectively ended any form of litigation or questions remaining regarding the casino issue over the past five years.

Pope County Judge Ben Cross

The denial of the petition for rehearing by the Arkansas Supreme Court clears the way for the Arkansas Racing Commission to act. These ongoing legal proceedings and the involvement of different entities have underscored the challenges of implementing casino licensing in the state. The decision may prompt discussions on potential next steps and the impact on the casino licensing process in Pope County.

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The ambition of two companies, to wit Cherokee Nation Businesses and Legends Resort and Casino, to bring a new gambling property to Pope County, Arkansas has gone on for years. The businesses have tried it all – playing nice and playing hardball, but locals have not bucked and have remained mostly firmly opposed to the idea of a casino in their area.

Supreme Court Reminds Cherokee Nation of Licensing Obligations

The fight has made it to the Arkansas Supreme Court, which decided on Thursday to uphold a lower court’s decision and pronounced itself against the licenses issued to the two businesses seeking to open a casino. The Supreme Court explained that the license was in breach of Amendment 100 and could not be used as the basis for realizing the proposed project.

Cherokee CEO Chuck Garrett expressed his disappointment but said that the ruling would not stop the nation from pursuing the license. Garrett cited the nation’s established track record in the industry and said that his colleagues knew what they were doing with more than 30 years of gaming and hospitality business experience. Yet, he acknowledged that securing the Pope County license has been the hardest to get yet.

Experienced or not, the Supreme Court found an issue with the manner of the proceedings by the private companies. For one, the Supreme Court rejected the idea of a license being issued to two entities. By law, there must be only one. To add insult to injury, Legends does not have any experience in casino gaming, which makes it illegible.

Why has an application been filed like this in the first place, most have asked? However, Garrett has preferred to focus on the good that would come out of building a casino. He assured that locals stood to benefit the most but cautioned that Arkansas is losing valuable tax money the longer this matter drags.

Going Back to the Drawing Board for Another Round

Not everyone is as upset about the decision, though, as Gulfside Casino Partnership rep Casey Castleberry said that the Supreme Court decision was the correct one. Of course, Gulfside Casino Partnership also wants to build a casino in Pope County. Gulfside too had a license granted, which was later reverted.

What this means is that after years of trying, local opposition may have somewhat subsided, but neither of the two parties who want to realize the project has demonstrated that they are clearly capable of clearing the licensing procedure. They need to start from scratch, and time is surely not on their side as both are eager to beat the other one to the finishing line.

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