Voter approval of the revocation of a casino license in Arkansas has now prompted a lawsuit by Cherokee Nation Entertainment.
Arkansas residents repealed a license for Pope County that many local residents opposed with 56% of the vote, and the amendment now requires local ballot initiatives for future licenses.
The Cherokee have sued the state in federal court on behalf of a Pope County resident asking that the amendment be declared unconstitutional and for a temporary restraining order and preliminary injunction to keep the amendment from going into effect.
Amendment Nixes Tribal Casino
The Cherokees had previously been granted the Pope County license in June by the Arkansas Racing Commission, and also challenged the legality of the constitutional amendment before the vote.
“Cherokee Nation Entertainment is firmly committed to protecting its constitutional rights, defending its lawfully issued casino license, and safeguarding the substantial investments it made in good faith based on the establishment of the Pope County casino license under Amendment 100 in 2018,” Cherokee attorney Bart Calhoun said in a statement following the vote. “Amendment 104 undermines foundational legal rights and stands to interfere with several binding contractual obligations.”
Calhoun said the tribe was contesting the amendment on several legal fronts “to preserve our client’s rights and investments throughout the legal proceedings.”
In 2018, voters approved Amendment 100 allowing for four casino licenses. Three of those were built but residents in Pope County expressed opposition to one being planned in the region. According to Oklahoma Voice, Cherokee Entertainment is challenging the amendment on the basis of due process, contracts, equal protection, and the takings clause of the U.S. Constitution.
The tribe planned a $300 million facility in the county that included acquiring 325 acres to build the 50,000-square-foot Legends Resort & Casino. The property would house 1,200 slot machines, a 200-room hotel, 15,000 square feet of multipurpose space, and a 5,000-seat outdoor concert venue.
