The Arkansas Supreme Court on Thursday upheld a ruling to certify a proposed casino constitutional amendment for the ballot measure that would revoke a planned casino’s license.
Arkansas Supreme Court will allow voting for the proposed ballot measure to repeal a Pope County casino license
This means votes cast on the proposed ballot measure to repeal a Pope County casino license and require countywide special elections for any new casinos built in Arkansas will count.
In a 6-1 ruling, justices rejected a lawsuit that claimed the proposed constitutional amendment was “riddled with errors.” A state panel this year issued the license to Cherokee Nation Entertainment to build the casino in Pope County.
Cherokee Nation Entertainment and an affiliated group, the Arkansas Canvassing Compliance Committee, filed a lawsuit challenging the measure. The court on Monday rejected the first part of the lawsuit that claimed the group behind the measure violated several signature gathering laws.
In Thursday’s ruling, justices rejected arguments that there were several flaws with the measure. Of course, the lawsuit claimed that the proposal was misleading to voters.
“In sum, we hold that the popular name and ballot title are an intelligible, honest, and impartial means of presenting the proposed amendment to the people for their consideration,” Justice Karen Baker wrote in the majority opinion. “We hold that it is an adequate and fair representation without misleading tendencies or partisan coloring.”
Justice Shawn Womack called the ballot measure “plainly misleading”
Moreover, the constitution currently requires casino license applicants to submit letters of support from local officials. In a dissenting opinion, Justice Shawn Womack called the ballot measure “plainly misleading.” He said it doesn’t clarify to voters that the proposal would revoke Pope County’s existing license.
“Thus, voters are not able to reach an intelligent and informed decision either for or against the proposal, and thus, they are unable to understand the consequences of their votes,” Womack wrote.
The proposed amendment would revoke the license granted for a Pope County casino. The casino license in the county has dealt with legal challenges for the past several years.
Furthermore, Pope County was one of four sites where casinos were allowed to be built. This fell under a constitutional amendment that voters approved in 2018. Casinos have already been established in the other three locations.
Choctaw Nation, Cherokee Nation spent millions in political fight over the casino amendment
Meanwhile, the fight over the casino amendment in Arkansas has been costly for Choctaw Nation and Cherokee Nation.
The Choctaw Nation of Oklahoma has spent more than $8.8 million on the campaign in favor of the proposed amendment. Also, Cherokee Nation Businesses has spent $11.6 million campaigning against the measure.
Additionally, supporters of the amendment said they were pleased with the ruling.
“Issue 2 keeps casinos from being forced on communities that vote against them,” Hans Stiritz, spokesperson for Local Voters in Charge, the campaign for the amendment, said in a statement.
“We’re grateful for the Arkansas Supreme Court’s final decision to affirm the certification of Issue 2, keep it on the ballot, and allow the vote of the people to be counted.”
Cherokee Nation Entertainment has said it plans to build a 50,000-square-foot (4,600-square-meter) casino. In fact, the facility will be located northeast of Russellville, 60 miles (97 kilometers) northwest of Little Rock.
However, plans also call for a 200-room hotel, a conference center and an outdoor music venue.
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