Cherokee Nation Petitions against Arkansas Casino Referendum

Cherokee Nation Entertainment, LLC, a subsidiary of the Cherokee Nation of Oklahoma, has filed an appeal with the Arkansas Supreme Court, hoping to prevent a proposed ballot referendum that could invalidate a casino license awarded to Pope County. This case has raised significant debate, causing the Arkansas Supreme Court to prioritize the issue.

Tribal Interests Clash

The Arkansas Racing Commission (ARC) awarded the casino license to Cherokee Nation Entertainment in June. However, a political action committee (PAC) backed by the rival Choctaw Nation of Oklahoma is now challenging the decision. This PAC, using the name Local Voters in Charge, has been pushing for an update to Arkansas’ 2018 gaming law.

The PAC’s proposed amendment requires local voter approval before the ARC can issue any new casino licenses. That group collected enough signatures, verified by Arkansas Secretary of State John Thurston, to get the amendment on the November ballot. However, opening up new licenses could significantly disrupt the status quo in the region, leading to the current situation.

The core of this dispute revolves around the Choctaw Nation’s existing tribal casinos in eastern Oklahoma. A proposed Legends Resort & Casino in Russellville, Pope County, would directly threaten those facilities, some 75 miles from the proposed Cherokee-operated site. Such market saturation could hurt both venues as they compete for limited customers.

The Lawsuit Carries Significant Implications

Cherokee Nation Entertainment has seized the initiative in this dispute, forming the Arkansas Canvassing Compliance Committee to contest the referendum. In its filing with the Arkansas Supreme Court, the committee contends that Local Voters in Charge committed multiple state law violations while gathering their signatures. If true, such revelations could lead to the referendum’s cancellation.

Some of the alleged violations include not correctly certifying paid canvassers, paying canvassers based on obtaining a certain number of signatures and listing incorrect residential addresses for some canvassers. The filing goes on to claim that the PAC failed to properly register and certify canvassing captains and conducted fraudulent solicitation of signatures.

“Due to these violations of Arkansas law, the Initiative Petition should not have been certified, and the proposed amendment to Amendment 100 should not be on the ballot for the November 2024 election.”

Cherokee Nation brief

The Arkansas Supreme Court has agreed to expedite the case, hoping for a quick resolution to this contentious issue. Eighth Judicial Circuit Judge Randy Wright will oversee the pre-trial briefings and ensure the court can reach a definitive verdict before the November 2024 election. Industry stakeholders will closely monitor the proceedings as they will determine the state of Arkansas’ casino sector.