Judge renews casino support
Pope County official’s letter sent after high court ruling
Pope County Judge Ben Cross said Monday he has sent an updated letter of support for Oklahoma-based Cherokee Nation Businesses to be awarded the Pope County casino license by the Arkansas Racing Commission.
“Upon learning the conclusions of the split decision of the Arkansas Supreme Court regarding the casino litigation affecting Pope County, I issued an updated exclusive letter of support as required by Amendment 100 to Cherokee Nation Businesses in the name of Cherokee Nation Entertainment, with the technical issues identified by the Court resolved,” Cross said Monday in a written statement.
On Thursday, a divided Arkansas Supreme Court upheld a lower court ruling that the Arkansas Racing Commission’s award of the Pope County casino license to Legends Resort and Casino and Cherokee Nation Businesses violated Amendment 100 to the Arkansas Constitution.
In a 5-2 ruling, the state’s Supreme Court affirmed a ruling by Pulaski County Circuit Judge Tim Fox issued in January. Fox ruled the Arkansas Racing Commission erred in the licensing process by awarding the license in November 2021 to two entities when the Arkansas Constitution states that only a single entity can hold a casino license, and that Legends does not meet licensing requirements written into the Arkansas constitution because the company has no prior casino gaming experience. The Legends/Cherokee consortium challenged Fox’s ruling to the state’s high court.
The high court’s ruling opens the door for the Arkansas Racing Commission to set a new period for applicants for the Pope County casino license to submit applications.
Amendment 100 to the Arkansas Constitution, approved by voters in November 2018, authorized the Arkansas Racing Commission to license four full-fledged casinos. Three casinos currently operate in Hot Springs, Pine Bluff and West Memphis.
Cross said Monday in his written statement that his letter was submitted Thursday to the Arkansas Racing Commission “as defined by statute, and I hope will expedite the application process as defined by the Commission’s rules.
“It is my sincere hope the Commission views this as a measure of quick resolve and finalizes what has been an exhausting process to the citizens of Pope County,” he said.
Cross said in his letter to the Arkansas Racing Commission that his letter shall serve as the letter of support required by Amendment 100 to the Arkansas Constitution, Arkansas Casino Gaming Rule 2.13 and Act 371 of 2019.
“I have met with representatives of CNE [Cherokee Nation Entertainment] and know they possess the qualifications, experience and commitment to community support to successfully operate a casino in Pope County,” he wrote in his letter.
But Casey Castleberry, an attorney for the Mississippi-based Gulfside Casino Partnership, said that “When given the opportunity, we will prove to members of the Quorum Court why Gulfside’s superior proposal is a better way to win for Russellville, Pope County and the entire state, just as we did in 2020 in our head-to-head presentation to the Arkansas Racing Commission.”
Cross said Monday night the Pope County Quorum Court will consider a resolution Thursday not to support any casino group.
“They aren’t going to issue a resolution in support of anyone,” he said, noting that is a better route rather than tearing the Pope County Quorum Court apart again over another casino debate.
Chuck Garrett, chief executive officer of Cherokee Nation Businesses, said Monday in a written statement that “We are honored to have the express and exclusive support of Pope County Judge Ben Cross.
“We will continue to follow the lead of the Arkansas Racing Commission and the Arkansas Attorney General’s office as they determine the next step in fulfilling Amendment 100,” he said. “Our full commitment remains to build the first-class Legends Resort & Casino in Russellville and bring the jobs and economic growth Pope County and the state deserve.”
State Department of Finance and Administration spokesman Scott Hardin said Monday that any application for the Pope County casino license must have a letter of support from the Pope County judge or a letter of support from the Pope County Quorum Court in order to be considered. If the proposed location is in a city, a letter from the mayor also is required, he said.
Trent Minner, administrator of the state Department of Finance and Administration’s Regulatory Division, which includes the Arkansas Racing Commission, said Monday in a written statement that “We certainly value feedback from local leaders.
“DFA and the Arkansas Racing Commission continue to evaluate next steps for a new application period,” he said. “A timeline and other details are yet to be determined.”
In 2020, the Arkansas Racing Commission awarded the Pope County casino license to Gulfside Casino Partnership.
In October 2021, the state Supreme Court reversed an earlier ruling by Fox that declared unconstitutional a commission rule and state law that required that letters of endorsement for casino licenses come from local officials in office at the time the license application is submitted, leading the commission in November 2021 to nullify the license granted to Gulfside and issue the license to the Legends/Cherokee consortium. Gulfside’s letter of support was signed by former Pope County Judge Jim Ed Gibson, just days before his term expired Dec. 31, 2018.
The Pope County casino license has been a source of turmoil for the county and the state, resulting in numerous court cases.