1. Main
  2. Pope County Arkansas Legal Battle Continues over Casino Application

Pope County Arkansas Legal Battle Continues over Casino Application

Tiffany Burroughs
Updated: 26 June 2023
3 min to read

The Arkansas Racing Commission is now being looked to for a swift approval by two contending contenders for a casino permit in Pope County. This comes after a regional judge ruled this week that the Commission had wrongly dismissed one of the applications, as reported by various news outlets.

According to a report from the Northwest Arkansas Democrat–Gazette, Pulaski County Circuit Judge Tim Fox has determined that restrictions applicable to applications for a casino in Pope County that were specified in Amendment 100, a 2018 ballot initiative approved by Arkansas voters, are unconstitutional. As such, Judge Fox has sent the Gulfside Casino Partnership of Mississippi’s application back to the Arkansas Racing Commission, instructing them to review it “on its merits.” The Racing Commission had previously rejected all five of the applicants because they lacked approval from local officials.

Last year, Gulfside submitted an application with endorsements from two ex-local officials, which the Associated Press (AP) reported. Fox then stated that this amendment does not specify when endorsements must be dated and handed in, as the AP noted. Casey Castleberry, a Gulfside legal representative, declared to the Gazette that the Judge’s ruling affirmed that they were the only contender to comply with Amendment 100 on time. Castleberry further proclaimed that the Arkansas Racing Commission “should follow the precedent set with Saracen and grant us the casino licence right away”. In 2019, the Racing Commission authorized a casino licence for Saracen Casino Resort in Jefferson County’s Pine Bluff, with the Quapaw Nation being the sole applicant for that county’s licence. This $350 million casino is anticipated to open in the summer.

In his ruling, Fox denied Gulfside’s assertion that they should be granted the license immediately by the Racing Commission, as reported by the Gazette. Fox stated, “It is clear from reading Amendment 100 as a whole that Gulfside’s premise is incorrect and that the Racing Commission is embedded by Amendment 100 with both the privilege and the responsibility of exercising its discretion as to whether a casino license should be issued to any applicant, despite the fact if one is the only applicant during an application submission period,” according to the Gazette. While Fox’s ruling might be appealed to the Arkansas Supreme Court, Attorney General Leslie Rutledge will be taking input from the Racing Commission for a possible appeal and to consult with earlier rulings in Arkansas’s Court.

Earlier Arkansas Court Rulings

An additional complexity was added to the Pope County license authorization protocol after the local Quorum Court endorsed the Cherokee Nation Businesses. Pope County Judge Ben Cross also stands with the Cherokee application. In January, matters became even more convoluted when Pulaski County Circuit Judge Wendell Griffen ordered a temporary restraining order forbidding the Racing Commission from bestowing a license for Pope County before hearings took place. This resulted from a suit brought by Citizens for a Better Pope County, a group versed against the construction of the casino. The citizens’ group contended that the Racing Commission undesirably enabled a second opportunity for casino license applications. This opportunity was only suppose to exist if no application were sent in during the first round, yet five were presented. In the second round, the Cherokees proceeded to submit theirs.

Last month, the Pope County Quorum Court approved an application from the Cherokee Nation Businesses. This week, Chuck Garrett, Chief Executive Officer of Cherokee Nation Businesses, spoke to the Gazette, expressing their desire to move forward with the application process as soon as possible. Judge Cross, meanwhile, wants to see a comparison of both applicants, stressing his assurance that the Cherokees present the best overall economic value for Pope County, and should thus be granted the license. On the other hand, he believes that Gulfside Casino Partnership should not be issued the license. These two casinos are currently in competition for Pope County.

Competing Casino Proposals

Gulfside is proposing to build the River Valley Casino Resort, a $254 million resort featuring an 80,000 square-foot gaming floor, 500-room hotel, plus a 15,000 square-foot convention center. Separately, Cherokee Nation Businesses are proposing a $225 million Legends casino, which would have a 50,000 square-foot gaming floor, 200-room hotel, and 15,000 square-foot event center. The Cherokees estimate the casino will bring in $150 million in annual revenue and an estimated 13 percent tax rate would generate $19.5 million in taxes annually from this venture. Gulfside, on the other hand, claims that their casino would bring in $200 million in annual revenue and generate an estimated $29.5 million in taxes per year. The Arkansas Ethics Commission recently began to look into allegations that Pope County Majority, a group that is supporting the Legends casino, is violating regulations by operating as an unregistered political action committee or ballot question committee, according to some news reports.

The group’s representative denied the accusations.

Lorem image
Updated: 26 June 2023
3 min to read

The professional casino player, author of books and articles about gambling, creator of gaming content. I study this field and am happy to share my knowledge and skills acquired over the years with everyone