More than 100 people, including lawmakers, attorneys, lobbyists and citizens, attended the recent meeting of the Arkansas Gaming Commission as it reviewed the 340-page draft of proposed rules regarding Amendment 100, which authorized expanding existing gambling facilities at racetracks in Hot Springs and West Memphis, plus one casino each in Jefferson and Pope counties. Voters overwhelmingly approved the measure in the November general election.
Commissioners approved 25 draft rules that will be open to public comment, including one controversial rule. That rule, according to the amendment Arkansas voters passed in November, states a casino operator must get letters of support from local officials. However, a proposed change would require the letters come from officials who are in office at the time a casino application is made.
Newly elected Pope County Judge Ben Cross and current Russellville Mayor Richard Harris expressed their support for the rule change, which would void the letters from the former Pope County Judge Jim Ed Gibson and Russellville Mayor Randy Horton, submitted just days before their terms ended, supporting Gulfside Casino Partnership’s proposed $254 million casino and hotel in Russellville.
Cross said he is “supporting the will of the voters.” He added the rule change “promotes transparency going forward. This is a good step by members of the commission. It certainly makes my position much more transparent.” Harris stated, “There’s a level of confidence that I believe the citizens should be allowed to have in the process. I support the wording change and ask that you go forward with that at this time.”
Casey Castleberry, Gulfside’s attorney, said, “The effect of this new proposed rule could be to eliminate the only qualified applicant for a casino license in Pope County. If it does that, it could be constitutionally infirm.”
The proposed draft rule also would nullify the letter of support from the outgoing Jefferson County judge for the Quapaw Tribe’s Downstream Development Authority. Downstream has proposed the Saracen Casino Resort in Pine Bluff. Downstream’s attorney, Alex Gray, argued since it has that letter and a letter of support from the Pine Bluff mayor, who did not change January 1, the draft rule should instead allow letters from a current and former official. “It would protect the integrity of the process and the open dialogue that has been going for months and months in Jefferson County and Pine Bluff,” Gray said.
But state Rep. Vivian Flowers, who represents Pine Bluff, said none of these letters should be considered because casino operators cannot yet apply for a license. “That muddies the process and takes away the confidence of the people that this is a real process of consideration, a real application process,” said St. Rep. Vivian Flowers. The application process cannot open until the rules are adopted.
The commission will take public comment on the draft rules now through February 21, when it will meet again and vote to adopt, modify or reject the rules. If commissioners approve the rules, the legislature will review and ratify them by March 14. According to the amendment, the casino license application period must open by June 1.
The Cherokee Nation also has expressed interest in applying for the Pope County casino license. Tribal spokesperson Amanda Clinton said, “Our level of interest in pursuing a license in Pope County has not changed or wavered in any way throughout this level of process.”
