Arkansas Supreme Court Upholds Ballot Measure to Revoke Planned Casino’s License

Legal Battle Over Casino License in Pope County Moves to the Ballot

On Thursday, the Arkansas Supreme Court upheld the wording of a controversial ballot measure that would revoke a planned casino’s license in Pope County. The decision came after a lawsuit filed by Cherokee Nation Entertainment challenged the proposed constitutional amendment, claiming it was misleading to voters and full of errors. In a 6-1 decision, the justices rejected the lawsuit, allowing the measure to move forward.

Ruling Validates Ballot Measure Wording

In its ruling, the court found that the ballot measure’s wording was clear and fair. Justice Karen Baker, writing for the majority, stated, “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.” The court ruled that the measure was free from any partisan bias and adequately represented the issue to voters.

The measure, known as Issue 2, seeks to revoke the license granted to Cherokee Nation Entertainment for the development of a casino in Pope County. The casino’s development has faced legal battles and delays since the license was issued by the state earlier this year.

Expensive Political Battle Surrounding the Amendment

The fight over the Pope County casino has been one of the most expensive political campaigns in Arkansas, with millions of dollars being spent on both sides. The Choctaw Nation of Oklahoma, which supports the measure, has spent over $8.8 million on campaign ads and mailers. Cherokee Nation Businesses, which opposes the amendment, has spent $11.6 million fighting against the proposal.

Cherokee Nation Entertainment plans to build a $300 million, 50,000-square-foot casino in Russellville, featuring a 200-room hotel, conference center, and outdoor music venue. The company has expressed frustration over the delays, calling the amendment a “sneaky” effort to block the project.

Supporters Hail Supreme Court Decision

Supporters of the ballot measure were pleased with the Arkansas Supreme Court’s decision to keep the amendment on the ballot. Hans Stiritz, spokesperson for the Local Voters in Charge campaign, said, “Issue 2 keeps casinos from being forced on communities that vote against them. 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.”

Dissenting Opinion on Voter Clarity

While the majority of justices upheld the measure, Justice Shawn Womack dissented, arguing that the ballot measure was “plainly misleading.” He contended that the amendment does not clearly inform voters that it would revoke Pope County’s existing casino license, which could prevent voters from making an informed decision.

“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 in his dissent.