Published on: August 30, 2025, 05:25h.
Updated on: August 29, 2025, 03:26h.
- Another ruling has sided against a casino in Pope County
- A federal judge affirms the legitimacy of a 2024 Arkansas referendum
- The Cherokee Nation might pursue an appeal
A federal judge has confirmed that a statewide amendment to the Arkansas Constitution, ratified last November, is valid and does not infringe upon a commercial gaming entity’s rights as set forth in the United States Constitution.
In November, Arkansas citizens approved Issue 2 with a 56% majority, which modified the state constitution to stipulate that the Arkansas Racing Commission (ARC) can only evaluate commercial casino licenses for counties where local referendums indicate majority support for slot machines, table games, and sports wagering. Issue 2 also revoked the gaming license previously granted to Cherokee Nation Entertainment in 2024, which aimed to establish a $325 million resort named Legends Resort & Casino in Russellville.
CNE, a branch of the Cherokee Nation of Oklahoma’s business group, Cherokee Nation Businesses, has initiated legal action against the state of Arkansas and the Racing Commission, asserting that Issue 2 infringes upon its rights under the U.S. Constitution.
In an order dated August 28, Judge D.P. Marshall Jr. from the Eastern District Court of Arkansas ruled in favor of the state, dismissing the Cherokee claims that Issue 2 “impermissibly” interfered with their Economic Development Agreement with Pope County. Additionally, Marshall noted that CNE’s claim regarding a violation of the “Bill of Attainder Clause” was invalid since Issue 2 did not specifically name the Cherokees but referred instead to “any casino license issued for Pope County.”
“Even if [Issue 2] singled out CNE, it does not punish the Cherokee under the historical standards for a bill of attainder,” Marshall stated.
A Protracted History
In the 2018 election, Arkansas voters authorized a casino for each of the counties of Pope, Crittenden, Garland, and Jefferson. However, Pope was among the 11 out of 64 counties that did not favor allowing casinos in the state.
Jefferson County allied with the Quapaw Nation of Oklahoma to launch Saracen Casino Resort in Pine Bluff. The racetracks in Crittenden and Garland—Southland and Oaklawn—transitioned into full-scale casinos.
In Pope County, Gulfside Casino Partnership, based in Mississippi, was the only entity to submit a competitive bid for a casino location in Russellville. Years of legal disputes, instigated by the ARC due to bias discovered in the commissioner’s assessment of competitive bids, delayed the issuance of the gaming license.
A following legal dispute focused on how ARC assessed submissions, questioning whether a past county judge’s support for a casino had the same weight as the endorsement of the current sitting judge. Ultimately, with the assistance of the Arkansas attorney general’s office, it was determined that the Cherokees presented the only qualified bid, backed by both Pope County Judge Ben Cross and a majority of the Pope County Quorum Court.
Subsequently, a competing tribe, the Choctaw Nation, financed Issue 4 to annul the Pope County license. The Choctaws operate tribal casinos just across the state line in Oklahoma, heavily depending on the northwest Arkansas market.
$60 Million Investment
The Cherokees claim to have invested $60 million in the Arkansas casino venture, including expenses related to two referendum campaigns. Although this expenditure seems to have been unfruitful, the Nation is not yet ready to abandon its efforts.
“We are thoroughly reviewing all facets of the judge’s ruling and contemplating our next legal steps,” remarked Allison Lowe Burum, spokesperson for Cherokee Nation Businesses.