It’s still not over.
After six years of litigation and tens of millions of dollars, the fight over a Pope County casino license appeared to finally reached an end on Tuesday when Arkansas voters approved Issue 2. The constitutional amendment will strip the license from the Cherokee Nation of Oklahoma, which planned to build a casino in the county as authorized by a previous amendment passed in 2018.
Though framed as a “local control” issue, Issue 2 was actually backed by a rival gambling interest, the Choctaw Nation. The Choctaw operate a casino in Oklahoma that would stand to lose business if the Cherokee opened their proposed “Legends Resort and Casino” in the Russellville area as planned. After a bitter (and enormously high-priced) campaign, the Choctaw seemed to prevail on Election Day, foreclosing the prospect of any casino opening in Pope County at all.
On Friday, though, the Cherokee struck back: They filed a federal lawsuit in Little Rock against the state of Arkansas, asking the court to block implementation of Issue 2. The measure “violates plaintiff’s rights under the Due Process Clauses, the Contract Clause, the Equal Protection Clause, and the Takings Clause of the United States Constitution,” attorneys for Cherokee Nation Businesses and Cherokee Nation Entertainment argue.
The Arkansas amendment created by Issue 2 will take effect on Nov. 13 if the federal court does not act soon, the lawsuit says.
Here’s the complaint:
Benjamin Hardy is managing editor at the Arkansas Times. His email is benjaminhardy@arktimes.com
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