Justice selected for casino challenges

Gov. Asa Hutchinson on Wednesday appointed Little Rock District Judge Hugh Finkelstein as a special associate Supreme Court justice to consider two legal challenges to a proposed constitutional amendment to authorize four casinos, including expansions of Oaklawn and Southland, and sports betting in Arkansas. Finkelstein serves as district judge for Department 1 of Little Rock District Court, a position he has held since 2017, according to the governor’s office.

Arkansas Chief Justice Dan Kemp has recused from considering requests by Ensuring Arkansas’ Future and Citizens for Local Choices ballot committees for the state’s high court to order Secretary of State Mark Martin not to certify or count any votes cast for the casino proposal, known as Issue 4, on the Nov. 6 general election ballot.

The sponsors of the ballot proposal are the Driving Arkansas Forward and Arkansas Jobs Coalition committees.

Kemp’s daughter works at the Wright Lindsey Jennings LLP law firm. The firm represents the Arkansas Jobs Coalition committee and its chairman, Don Tilton, as an intervenor in support of Issue 4 in the legal challenges.

The Ensuring Arkansas’ Future committee claims the proposed measure’s popular name and ballot title are insufficient, while the Citizens for Local Choices committee claims the ballot title is insufficient.

Issue 4 would allow the state Racing Commission to issue casino licenses to: an applicant in Jefferson County within 2 miles of Pine Bluff; an applicant in Pope County within 2 miles of Russellville; a franchise holder in Crittenden County, which is now Southland Racing Corp., at or adjacent to Southland Gaming and Racing in West Memphis; and a franchise holder in Garland County, which is now Oaklawn Jockey Club, at or adjacent to Oaklawn Racing and Gaming in Hot Springs.

Under current state law, Oaklawn and Southland operate electronic games of skill, so the measure would allow for expansion of their gambling operations, including sports betting.

Under the proposed amendment, a licensee in Jefferson or Pope counties would be required to pay an application fee, demonstrate experience in casino gambling and submit a letter of support from the county judge or a resolution from the county quorum court. If the proposed casino would be placed in a city, the licensee also would need a letter of support from that city’s mayor. The Quapaw tribe has expressed interest in applying for a casino license in Jefferson County, while the Cherokee Nation has indicated its interest in a casino in Pope County.