Arkansas: Cherokee Nation given go-ahead for Legends Resort and Casino

The Cherokee Nation has finally received permission to build Legends Resort and Casino in Arkansas.

Following much wrangling with the state’s authorities and the intervention of the Arkansas Supreme Court, a casino license has finally been granted.

The news comes after the Supreme Court voided a license given to one of the Cherokee Nation’s competitors after it was found that they failed to meet the state’s minimum requirements to be granted a license.

A close-run vote

The panel in Arkansas voted to issue a casino license to the Cherokee Nation by a narrow margin of 3-2. The Arkansas Racing Commission’s vote now allows the Cherokee Nation to build and operate its new casino in Pope County.

Under a 2018 amendment to the state’s constitution, permission was given to construct and operate a maximum of four casinos within the state. Cherokee Nation Businesses, located in Oklahoma, has now received the last of those four licenses.

It should be noted that the changes to the constitution don’t permit online casinos such as the SkyCity online casino to offer their services to residents of Arkansas. Campaigners, however, are hoping to change this in the near future.

This dramatic U-turn comes as the Supreme Court ruled in October that any organization applying for a casino license must receive an endorsement from an elected local official. 

This elected local official must be currently in office when the application was made.

The Cherokee Nation proposal was backed by an active Pope County judge. On the other hand, the Gulfside Casino Partnership had submitted its proposal in 2019, but with the backing of Pope County’s former judge.

The matter remains unresolved

Despite this latest ruling, the battle for the final casino license could continue. It’s quite possible that the matter could be escalated to federal level, with a showdown in the US Supreme Court not impossible.

In the meantime, CEO Chuck Garrett of Cherokee Nation Businesses said: “We are eager to put forth our large-scale development plans to the Russellville Planning commission, and ultimately, for litigation to come to an end so that we can proceed with construction.”

Gulfside appears to have not conceded the issue, as per a statement from Gulfside’s attorney, Lucas Rowan: “Legends has no casino gaming experience and, therefore, is not a qualified applicant. This issue is pending in circuit court, and we expect it will be resolved through the legal system.”

Even though the Cherokee Nation has no experience in operating casinos within Arkansas, they do currently operate 10 casinos within Oklahoma.

Litigation could take several years to resolve unless the case is expedited or either side backs down. Either way, it could be a long time before residents of Arkansas get to walk through the doors of the Legends Resort and Casino.

The fate of sportsbooks in Arkansas

Arkansas has traditionally outlawed all forms of legal gambling. The state’s authorities have only in recent years decided to make changes and allow some forms of gambling.

For example, Casino Del Sol in Arizona recently opened the first retail sportsbook in Tucson. It is expected that more sportsbooks will open across the state, but this is very much down to the position of local authorities.

What’s the position on online casinos?

The situation regarding online casinos is a strange one, because currently, it’s illegal for online casinos to operate in Arkansas. On the other hand, when it comes to individuals enjoying online casinos, Arkansas has never prosecuted individual players.

Whether players can register an account with an online casino in another state is reflected in the policy of the particular casino. Some online casinos don’t accept non-residents, for example.

So, will the coming of the four new land-based casinos put pressure on the authorities to legalize Arkansas-based online casinos?

There’s a strong chance that it will happen. The problem is that the state-wide referendum to build the Pope County casinos passed only narrowly. Even today, campaigners continue to try to get the result overturned. 

Although there is a chance that the situation will change, players will have to be content with the land-based experience for the foreseeable future.

Conclusion

The Cherokee Nation has won a major victory in its bid to make Legends a reality in Pope County. The organization has an immense amount of experience in owning and operating casinos. However, it’s widely expected that the battle over the final casino license will carry on.

Unfortunately for players, this means that they’re unlikely to be able to stay and gamble at Legends for a long time to come.