LITTLE ROCK, Ark. — A recent ruling by a federal judge has sustained the results of an Arkansas ballot measure that eliminates the state-granted license for a casino in Pope County, which had been planned by Cherokee Nation Entertainment. The decision came swiftly on the heels of the constitutional amendment’s approval by voters, with the judge denying a temporary restraining order sought by the Cherokee Nation Entertainment shortly before the amendment went into effect.
The contentious amendment, voted into law on November 5, has sparked a legal battle over constitutional rights, according to the Cherokee group, which immediately sought legal recourse following the election results. "We anticipate an opportunity to thoroughly present our arguments as this case progresses through the judicial system," stated Allison Burum, spokesperson for Cherokee Nation Businesses.
In response to the judge’s decision, Arkansas Attorney General Tim Griffin expressed his approval and reaffirmed his commitment to the ongoing legal defense of the amendment.
This legal scuffle is the latest in a saga involving casino licenses in Arkansas, where a 2018 amendment originally authorized the construction of casinos at four specific sites, including Pope County. While the other three locations have already seen casino developments, Pope County has remained a contested site, especially with conflicting interests between the Cherokee and Choctaw Nations. Both tribes have invested heavily, with spending topping $30 million in their attempts to influence the outcome regarding the casino licenses.
The amendment, now known as Amendment 104, has met both support and opposition, with groups such as "Local Voters in Charge" advocating for the measure, highlighting their trust in the legal system to uphold what they contend reflects the will of the voters.
Judge D. Price Marshall Jr., who presided over the request for the temporary restraining order, indicated that he would schedule a trial to further address disputes over the amendment’s constitutionality.
The legal confrontations, fueled by high-stakes campaigns and tribal rivalry, underscore the complex dynamics at play as Arkansas continues to navigate the expansion of its gaming industry. This case not only tests state constitutional boundaries but also pits established gaming interests against newcomer entities vying for a piece of the casino revenue pie.
As the legal proceedings move forward, stakeholders from within and beyond Pope County are keenly watching, knowing the outcome could significantly impact the economic and social fabric of the region. The continuity of this legal battle suggests that the final word on this casino license may eventually rest not only with the voters but also with the higher courts of Arkansas.
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