Arkansas Supreme Court rejects lawsuit against ballot measure to stop casino

 October 15, 2024

An Arkansas ballot measure revoking the license for a casino can move ahead after the state's Supreme Court dismissed a legal challenge from the casino's operator.

The dispute centers on a planned casino in Pope County licensed to Cherokee Nation Entertianment. The campaign against the casino is being led by Local Voters in Charge and the Choctaw Nation, which has donated millions to stopping the casino.

Supreme Court's casino ruling

The Supreme Court was asked to weigh on Issue 2, which would strip the license for the Pope County casino and require local public input on all future casinos in the state.

In a unanimous ruling, the court rejected a lawsuit from Cherokee Nation Entertainment challenging the signature collection process. A court-appointed special master found that Local Voters in Charge did not violate the rules on paid canvassing.

On the other hand, the court did not decide on a separate issue involving the popular name and title of the initiative.

"Issue 2’s message of local voter control — that communities should have the final say on a casino in their own hometown — is resonating across the state,” Hans Stiritz, a spokesperson for Local Voters In Charge, said in a statement. “We look forward to the court’s final decision on the ballot language challenge, with hope that the vote of the people will be counted on Issue 2 in November.”

Rival operator behind campaign

Local Voters in Charge says the case is about communities asserting their autonomy. But Investing in Arkansas, the Cherokee-backed group campaigning against Issue 2, say the dispute is fundamentally about business.

The Choctaw Nation of Oklahoma lost out on the license for the Pope County casino, and the tribe has donated $5.6 million to Local Voters In Charge.

"It is about another casino operator who didn't get the license in Pope County, who now wants to make sure that nobody gets any of those dollars and that those dollars stay in Oklahoma," said Natalie Ghidotti, of Investing in Arkansas.

Another group backing the casino says Issue 2 would override the will of voters, who adopted a 2018 constitutional amendment approving four casino licenses, including the one in Pope County.

"While disappointing, we still await the Court’s decision on the ballot title challenge," Allison Burum, spokesperson for the Arkansas Canvassing Compliance Committee, said in a statement. “Issue 2 is misleading, and its sole purpose is to undo the will of Arkansas voters by eliminating the fourth casino license they approved in 2018.”

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