Arkansas amendment stopping Cherokee Nation-owned casino in Pope County upheld in federal court

LITTLE ROCK, Ark. – An announcement from Arkansas Attorney General Tim Griffin on Thursday said the amendment passed by voters that blocked the Cherokee Nation Business from building a casino in Pope County was upheld in court.

Amendment 104 to the state constitution was contested by Cherokee Nation Business. The court case filed argued that the amendment violated the Due Process Clause, Equal Protection Clause, Contracts Clause, Takings Clause, and Bill of Attainder Clause.

The court ruled in favor of the state in all instances, Griffin’s announcement stated.

“I applaud today’s ruling, which sided with the State of Arkansas and the Arkansas Racing Commissioners on all issues,” Griffin said.

The opinion, signed by United States District Judge D.P. Marshall Jr. for the Eastern District of Arkansas, traced the history of casino gambling in Arkansas, including the passage of Amendment 100 by voters in 2018, which created pathways for casinos in the state.

The 32-page opinion continued that the Choctaw Nation, which has a casino in Oklahoma so close to the state line that its parking lot is in Arkansas, helped draft Amendment 104. The Choctaw projected that a casino in Pope County would siphon $12 million a year, according to the opinion’s finding of fact. 

A Cherokee Nation Business spokesperson said the next steps are under consideration after the Thursday ruling.

“We are reviewing all aspects of the judge’s ruling and considering next steps in the legal process,” Allison Burum, spokesperson for Cherokee Nation Businesses, said.