Pope County Casino License Battle Escalates

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The fate of the Pope County casino license, authorized by Arkansas voters through a 2018 referendum, remains uncertain amid ongoing legal entanglements. The heart of the controversy lies in the selection process for awarding the much-coveted gaming concession, which has been the subject of intense scrutiny and litigation.

In a pivotal decision last month, the Arkansas Supreme Court supported a lower court’s ruling that the Arkansas Racing Commission (ARC) incorrectly awarded the casino license to a partnership between Cherokee Nation Businesses and Legends Hospitality. This partnership raised eyebrows, as it brought together the gaming expertise of the Cherokee Nation of Oklahoma’s commercial unit with the sports concessions experience of Legends, a company under the partial control of Arkansas native, Jerry Jones.


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The crux of the Supreme Court’s decision hinged on Amendment 100, the legislation emanating from the 2018 ballot that approved the establishment of casinos in four specific counties, including Pope. The amendment stipulated that bids must come from single entities, disqualifying partnerships like the Cherokee and Legends joint venture on a technicality. Also at issue was whether Legends, with its lack of direct casino operating experience, met the amendment’s criteria requiring demonstrated expertise in casino gaming.

In the aftermath of the Supreme Court’s verdict, the ARC was prompted to request both parties to submit briefs outlining their perspectives on the appropriate next steps for the Pope County license determination. Cherokee Nation and Legends representatives sought a reconsideration from the Supreme Court, with hopes that a revised application under a unified entity, Legends Resort and Casino, LLC, might satisfy the legal requirements.

On the other hand, Gulfside Casino Partnership, the Mississippi riverboat casino operator who had also tendered a qualifying bid for the license, advocated for a fresh bidding process. They contend that starting anew would provide an opportunity for all potential applicants to garner local support from Pope County officials and submit their proposals for the Racing Commission’s evaluation on meritocratic grounds.

The debate over local endorsement added another layer to the dispute. A bid’s legitimacy was tied to backing by the current county judge or quorum court, as stipulated by the 2018 referendum. While the Cherokee/Legends proposal received support from the incumbent Pope County Judge Ben Cross, Gulfside’s bid was bolstered by a letter from then-outgoing County Judge Ed Gibson, which raised legal questions regarding the timing and validity of such endorsements.

Attorneys for Gulfside contend that a reset would bring much-needed transparency and fairness to the process, allowing the county to reassess all potential offers. Their stance is that a second open bidding round could settle the tumultuous journey of the Pope County casino license once and for all, paving the way for a project that would bring economic vitality to the region.

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