27-03-2025
Federal trial underway to restore Pope County casino license or keep it revoked
LITTLE ROCK, Ark. — The bet to restore a casino license in Pope County is underway in federal court. The bench trial started Tuesday in Little Rock and will continue through Thursday or Friday.
Guessing how this will end has been like watching a roulette wheel spin for years. It has been spinning since 2018 when Arkansas Constitutional Amendment 100 opened the door to four casinos in the state.
Cherokee Nation denied temporary restraining order against Pope County casino license removal
Three have been operating for years, but the only player able to build in Pope County got their license revoked during the 2024 election cycle by amendment 104.
Cherokee Nation Businesses (CNB) sued Arkansas over Amendment 104 claiming it undermines foundational legal rights and interferes with several binding contractual obligations.
Voters passing it took away the Arkansas Racing Commission's authority to issue a casino license in Pope County under Amendment 100. It also made county approval a final requirement for any future state constitutional amendment to add casinos statewide.
On Tuesday, CNB CEO Chuck Garrett testified against its license revocation.
He said they worked to get local support from Pope County's judge and quorum court. He argued they signed a multi-million-dollar economic agreement and purchased land.
Other Pope County casino applicants from the original five slowed CNB's efforts by getting separate approval, and on Wednesday witnesses called to testify showed that happened with Amendment 104.
Cherokee Nation files suit against Arkansas after Issue 2 passage revokes Pope County casino license
Hans Stiritz began an effort to stop the casino under a group called Fair Play for Arkansas in 2020. It failed. In 2022 Fair Play tried again, but this time it got millions in funding from Choctaw Nation, a rival casino applicant for Pope County which lost the license battle.
It failed again to get signatures in 2022 but returned in 2024 and rebranded as Local Voters in Charge. Stiritz and Bill James, the treasurer of the group, testified the change was made to get more people caring about their cause, not just Pope County's.
The change was also with the recommendation of a consultant Choctaw donations funded. One of the attorneys representing Choctaw and assisting Local Voters in Charge testified Wednesday along with the Arkansas Racing Commission Chairman Alex Lieblong.
CNB attorneys argued there should have been a way for Pope County voters to decide on the future of the casino license already awarded to CNB with the passage of Amendment 104. The only provision for that to occur is in the case of a future Arkansas constitutional amendment.
Voters in Pope County effectively voted against a local casino during Amendment 100 but for it in Amendment 104.
Issue 2 passing gets mixed reaction from Pope County community
David Couch, who worked with CNB to counter the license-revoking amendments, also testified.
Attorneys for the state did not cross-examine every witness. They asked Couch if there was any language in Amendment 100 that would make the license permanent. He answered that he thought so. What the judge thinks will be key to how this case is decided.
Judge D. P. Marshall Jr. said at the end of proceedings Wednesday that he likes to rule from the bench but feels this case is too complex for him to do that.
He stated he would like some post-trial briefings from the defense and plaintiffs, but there would be a short deadline so that he could issue an opinion in weeks as opposed to months.
Four witnesses, including Pope County Judge Ben Cross, should testify Thursday morning at 8:30 a.m. with closing arguments in the afternoon or Friday morning.
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