In Arkansas, Pulaski County Circuit Judge Tim Fox ruled last week that Legends Resort & Casino that was awarded the casino license for Pope County, was granted the license unconstitutionally, granting the motion by Gulfside Casino Partnership, which has challenged Legends’ right to the license. Both sides have said they would immediately appeal to the state Supreme Court.
Mississippi-based Gulfside challenged the Arkansas Racing Commission’s award of the license to Legends in November 2021. Gulfside claims it was the only license applicant that met the state’s requirements. Legends has partnered with the Cherokee Nation in obtaining the license. Legends was granted the license by a narrow 3-2 vote by the Arkansas Racing Commission.
Legends, however, said Gulfside’s claims stemmed from an “erroneous interpretation” of the state constitution, which voters amended in 2018 to allow casino gambling at four locations around the state. Casinos already are operating in West Memphis, Hot Springs and Pine Bluff. The Racing Commission also is asking that the appeal be dismissed.
Fox also granted a motion by the Choctaw Nation of Oklahoma, which previously applied for the Pope County license, to join with Gulfside to challenge Legends’ license.
Meanwhile, Legends attorney, former state attorney general Dustin McDaniel, filed a complaint against Fox. The details haven’t been made public but it supposedly addresses the slow pace of the case.
In a statement, the Arkansas Judicial Discipline and Disability Commission said it “acknowledges that a complaint has been filed against Judge Timothy Fox and the issues contained therein. An investigation is pending in front of a JDDC Investigation Panel. The judge has full due process rights, and the case will proceed pursuant to the Rules of Procedure of the Judicial Discipline & Disability Commission. No additional public information is available at this time.”
