A long-running dispute over the fate of a casino license designated for Arkansas’ Pope County is nearing a pivotal legal decision, likely to be resolved in April, as a federal judge prepares to rule on whether a 2024 ballot measure that repealed the license violated the U.S. Constitution.
U.S. District Judge D.P. Marshall Jr., presiding over the Eastern District of Arkansas, is reviewing arguments in a lawsuit filed by Cherokee Nation Businesses (CNB). The tribe alleges that the November 2024 referendum, Amendment 104, illegally stripped its right to build a casino in Russellville, Pope County.
CNB had previously been confirmed in 2023 as the sole qualified license holder for the site following years of litigation and disqualification of rival bidders. It then sued Arkansas over Amendment 104, claiming it undermines foundational legal rights and interferes with several binding contractual obligations.
Judge Marshall concluded three days of testimony this week but said he would not issue a bench ruling, citing the complexity of the case. Instead, he requested post-trial briefs from both parties and said he aims to deliver a decision by April.
The legal battle stems from a 2018 statewide vote that approved four commercial casinos in Arkansas, including one in Pope County, under Constitutional Amendment 100. While the measure passed with statewide support, Pope County was among a minority of counties that voted against it.
After years of challenges, CNB was granted the license, but opponents of the casino, backed by millions in funding from the Choctaw Nation of Oklahoma, mounted a campaign to revoke it.
That campaign, operating under the name Local Voters in Charge, succeeded in placing Amendment 104 on the 2024 ballot. The amendment reversed the Pope County license and added new conditions requiring local voter approval for future casino expansions.
CNB claims the amendment undermines fundamental rights, including due process and equal protection. It also asserts that the referendum misled voters by failing to make clear that a “yes” vote would revoke an existing license. CNB says it invested millions of dollars in the project and had secured local government backing, including agreements with the Pope County judge and quorum court.
Chuck Garrett, CEO of CNB, testified that the tribe made good-faith efforts to build community support and fulfill legal requirements for the license. He also noted CNB’s multi-million-dollar economic agreement and land acquisition in Pope County as part of its commitment to the project.
The opposition’s strategy to revoke the license was traced through a series of campaigns. An earlier effort by a group called Fair Play for Arkansas failed twice, but in 2024, the movement rebranded with Choctaw Nation support and successfully passed the amendment. Witnesses from the group, including Hans Stiritz and Bill James, testified that the name change was aimed at broadening appeal beyond local opposition.
The state’s attorneys asked whether Amendment 100 had granted the license’s permanence. David Couch, an attorney working with CNB, responded that he believed it did, though the court’s interpretation will be decisive.
The named defendants in the case include the State of Arkansas, Governor Sarah Huckabee Sanders, and the Arkansas Racing Commission. Commission Chairman Alex Lieblong also testified during proceedings this week. Judge Marshall’s final decision will determine whether CNB retains the right to develop its planned Legends Resort & Casino or whether the voter-backed repeal holds.
If the court sides with the state, CNB’s nearly decade-long pursuit of a Pope County casino could come to an end. The judge will hear testimony from four more witnesses on Thursday morning, including Pope County Judge Ben Cross, with closing arguments scheduled for later in the day or Friday morning.
0
20
20
