Arkansas: Pope County Casino Dispute To Be Resolved Next Month in Federal Court

Posted on: March 29, 2025, 12:30h. 

Last updated on: March 28, 2025, 03:31h.

Devin O'Connor @CasinoorgDevinO Read More
Expertise: Asia Pacific Gaming, Commercial Gaming, Legislation, Politics.
  • A federal judge in Arkansas will rule whether a casino is allowed in Pope County
  • The Cherokee Nation has been seeking to build a casino in Russellville for seven years
  • A referendum last year repealed the Cherokees’ gaming permit

The legal saga surrounding a casino license earmarked for Arkansas’ Pope County authorized in 2018 through a statewide ballot referendum only to be withdrawn through another statewide ballot referendum last November is likely to be resolved next month.

Arkansas Pope County casino Russellville
The Great Race 2023 makes its way through Russellville, AR, on March 18, 2023. Whether a commercial casino resort will come to Arkansas’ Pope County will likely be decided through a federal court ruling next month. (Image: Shutterstock)

Judge D.P. Marshall Jr. in Arkansas’ Eastern District federal court will determine whether the 2024 referendum that rescinded the Pope County casino license was legally bounding. Plaintiff Cherokee Nation, which after a yearslong legal battle was deemed the lone qualified bidder for the Pope County casino opportunity last June, alleges that the November referendum violated its constitutional rights.

The named defendants include the State of Arkansas, Gov. Sarah Huckabee Sanders (R), and the Arkansas Racing Commission. This week, both sides wrapped up their arguments in front of Marshall, who said that while he tends to prefer rendering his verdicts on the bench, in this matter more time is needed.

Marshall requested that the plaintiff and defendants submit post-trial briefs after hearing their opposition’s testimony to help him reach a conclusion. He says he hopes to issue his decision in April.

2018 vs. 2024 Referendums

In 2018, Arkansans approved four commercial casinos in the counties of Crittenden, Garland, Jefferson, and Pope. The gaming vote allowed the Southland and Oaklawn racetracks, respectively in Crittenden and Garland, to become casinos with slot machines, live dealer table games, and sports betting.

Officials in Jefferson partnered with the Quapaw Nation of Oklahoma for the Saracen Casino Resort in Pine Bluff. Pope, however, fielded two bids — one from the Cherokees and another from a Mississippi-based riverboat gaming firm.

After years of legal wrangling and a myriad of lawsuits, Gulfside Casino Partnership was deemed unqualified to bid and the Cherokees were awarded the Russellville gaming concession.

The legal drama didn’t end there.

The Choctaw Nation, seeking to protect its gaming interests in Eastern Oklahoma, namely, Choctaw Casino & Resort Pocola about 80 miles west of Russellville, levied a campaign to repeal the Pope County license. The tribe funded Local Voters in Charge to successfully place Issue 2 before voters. The measure further amended the Arkansas Constitution to only allow the Arkansas Racing Commission to grant casino licenses for counties where local referendums found support for slots, tables, and sports betting.

In 2018, Pope County was one of only 11 counties among the 64 in the state that voted against the casino referendum. That referendum, however, only required majority statewide support to authorize casinos in Crittenden, Garland, Jefferson, and Pope. 

Cherokees’ Claims 

Over the past seven years, the Cherokee Nation has spent many millions of dollars in its pursuit of constructing Legends Resort & Casino in Russellville. The tribe says it spent $12.5 million alone last year unsuccessfully trying to defend its Pope County gaming license against Issue 2.

In its federal lawsuit, the Cherokees allege that Issue 2 misguided voters by not informing them that a “yes” vote would revoke the casino license already issued for Russellville. The tribe’s complaint additionally cites the fact that voters in Pope County voted against the 2024 referendum by almost 56%.   

The Cherokees claim the amendment’s outcome, which rescinded its gaming privileges in Pope County, violates its rights under the Due Process Clauses, the Contract Clause, the Equal Protection Clause, and the Takings Clause of the United States Constitution.