LITTLE ROCK, Ark. — On Thursday, the Arkansas Supreme Court confirmed the language of a ballot initiative aimed at canceling the license for a proposed casino, dismissing an attempt to invalidate a measure that has already generated extensive funding for campaigning through ads and mailings.
In a decision supported by six justices against one dissent, the court rejected a lawsuit that alleged the language of the proposed constitutional amendment contained numerous inaccuracies. Earlier this year, a state authority awarded a license to Cherokee Nation Entertainment to establish a casino in Pope County.
Cherokee Nation Entertainment, along with a related organization, the Arkansas Canvassing Compliance Committee, took legal action against the initiative. Previously, on Monday, the court dismissed an initial part of their lawsuit that contended the organization gathering signatures for the measure had breached several laws related to the process.
In the ruling issued on Thursday, the justices countered claims asserting that the measure was flawed. Critics had argued that the proposal was misleading to voters among other issues.
“We conclude that the popular name and ballot title present the proposed amendment to the public in a clear, fair, and neutral manner,” stated Justice Karen Baker, penning the majority opinion. “We assert that it adequately represents the proposal without presenting any biases or misleading implications.”
The ballot initiative seeks to retract the license that was granted for the Pope County casino, which has faced several years of legal hurdles. Pope County was selected as one of four locations where casinos could be constructed following a voter-approved constitutional amendment in 2018, while casinos have already been established at the remaining three sites.
The ongoing political battle regarding the casino proposal has proven to be costly, dominating advertising in Arkansas. The Choctaw Nation of Oklahoma has invested over $8.8 million in support of the amendment, whereas Cherokee Nation Businesses has poured $11.6 million into campaigning against it.
Advocates for the amendment expressed satisfaction with the court’s decision. “Issue 2 prevents casinos from being imposed on communities that oppose them,” stated Hans Stiritz, spokesperson for Local Voters in Charge, the group backing the amendment, in a statement. “We appreciate the Arkansas Supreme Court’s ruling affirming Issue 2’s certification, keeping it on the ballot so that citizens can have their voices heard through their votes.”
If passed, the amendment would eliminate the state’s constitutional authorization of the Pope County casino. It would also stipulate that any future casino licenses must receive approval from the local voters where they are planned to be located.
In a counter opinion, Justice Shawn Womack argued that the ballot measure is “clearly misleading,” as it does not explicitly inform voters that the proposal would revoke the existing license in Pope County. “Consequently, voters are unable to make a knowledgeable and informed choice regarding the proposal, which means they lack comprehension of the implications associated with their votes,” Womack articulated.