LITTLE ROCK, Ark. — A federal judge has turned down a motion to temporarily halt a recent constitutional amendment passed by Arkansas voters that eliminates the state’s license for a proposed casino.
Judge D. Price Marshall Jr. made his ruling on Tuesday night, denying Cherokee Nation Entertainment’s request for a temporary restraining order against the amendment, which officially came into effect on Wednesday. The amendment withdraws the license that was given to Cherokee Nation Entertainment to operate a casino in Pope County.
Cherokee Nation Entertainment responded by filing a lawsuit in federal court arguing that the voter-approved measure on November 5 infringes upon its constitutional rights.
Arkansas Attorney General Tim Griffin expressed gratitude for the ruling, stating that he will “continue to vigorously defend” the interests of the state throughout the proceedings.
Under a constitutional amendment passed by voters in 2018, Pope County was designated as one of four potential locations for new casinos, all of which were permitted. Casinos are already operational in the other three designated areas.
This legal battle forms part of an expensive conflict involving the Cherokee Nation and the Choctaw Nation of Oklahoma, who have collectively spent over $30 million to influence the campaign regarding the ballot measure. A lawsuit previously filed by the Cherokee Nation seeking to block the measure from appearing on the ballot was dismissed by the state Supreme Court last month. The Choctaw Nation runs a casino close to the Arkansas border.
“With the full implementation of Issue 2 today as Amendment 104, we have faith in the legitimacy of Amendment 104 and the judicial system to deliver a fair resolution for the voters of Arkansas,” Local Voters in Charge, the organization that advocated for the casino proposal, stated in their announcement.
Judge Marshall indicated that he would later determine a date for a trial regarding the constitutionality of the amendment.
