Posted on: January 31, 2024, 01:43h.
Last updated on: January 30, 2024, 05:44h.
The Arkansas casino license earmarked for Pope County will likely be issued before the end of the year. That’s according to an updated timeline on how the Arkansas Racing Commission (ARC) will go about fielding bids for the gaming opportunity and issuing the state’s fourth and final commercial casino license.
ARC on Tuesday formally adopted revised rules to its casino gaming protocols in considering applications and approving bids. The updated procedures came after commissioners were advised by counsel supplied by Arkansas Attorney General Tim Griffin’s (R) office.
The gaming and horse racing agency’s revisions first require the endorsement of Gov. Sarah Huckabee Sanders (R). After she signs off on the framework, the conditions will move to the Legislative Council for review.
Once the Council issues its blessing, ARC will be cleared to open a 30-day bidding period for casino developers interested in securing the Pope County casino concession.
How We Arrived Here
Arkansans in 2018 approved a statewide ballot referendum to allow a single casino in the counties of Crittenden, Garland, Jefferson, and Pope.
Two of the licenses were allocated for the Southland and Oaklawn racino racetracks, respectively located in Crittenden and Garland counties. Southland and Oaklawn have since opened Las Vegas-style casinos.
A third license was given to the Quapaw Nation, a Native American tribe in Oklahoma but with deep historical ties to Arkansas. The Quapaws partnered with government officials in Jefferson to open the Saracen Casino Resort.
The Pope license remains up for grabs more than five years after the gaming license was authorized by voters. Two bidders — the Cherokee Nation Businesses, the commercial unit of the Cherokee Nation in Oklahoma, and Mississippi-based Gulfside Casino Partnership — have tied up the Pope license in court.
The Pope County casino saga began in 2020 when a commissioner was found to have a bias in grading the Gulfside plan a perfect 100/100 while giving the Cherokees’ bid just 29 points. Despite the scandal, ARC’s rules required it to issue Gulfside the license within 30 days of the agency’s vote.
The Cherokees sued the state on grounds that ARC shouldn’t have even considered the Gulfside pitch to build a $254 million destination in Russellville called River Valley Casino Resort. In a case that reached the state Supreme Court, it was determined that Amendment 100 language necessitating a casino bid to have the support of the county judge or quorum court referred only to a sitting judge or quorum court — not a former judge or quorum court.
The Gulfside pitch included the endorsement of Pope County Judge Ed Gibson, who lent his support to the casino just days before he exited office in December 2018.
Lawsuits Continue
With the Arkansas Supreme Court invalidating the Gulfside pitch, ARC deemed the Cherokees’ $300 million proposal called Legends Resort & Casino — also targeting Russellville — as the winner. Gulfside then sued ARC on grounds that the Cherokee pitch also violated Amendment 100.
In yet another case that reached the state’s highest court, it was determined that the Cherokees violated the amendment by bidding as a consortium. The Cherokee Nation Businesses proposal included a newly formed entity called Legends Resort & Casino, LLC.
Pulaski County Circuit Judge Tim Fox ruled that Amendment 100 required ARC to only consider bids from single entities that can demonstrate proficiency in running commercial casinos. Though the Legends LLC is fully controlled by the CNB, which has vast experience in gaming, the bid including two entities rendered it absolute.
ARC’s refreshed bidding rules for Pope County have not yet been made public.
