In 2013, the Quapaw Tribe of Oklahoma applied to have 160 acres of former reservation land it owns near the Little Rock, Arkansas Port Authority taken into federal trust. But recently tribal officials said Oaklawn Park Racing & Gaming in Hot Springs is partly to blame for the delay in the application process, even though the Quapaw tribe has repeatedly stated it will not offer gambling at that location. In fact, tribal Chairman John Berrey said the federal trust application specifically states the tribe is not planning to use the land for gaming purposes.
At issue is a Freedom of Information Act request made by Oaklawn’s attorney, Walter Ebel, to the National Indian Gaming Commission, which the Arkansas Times reported was provided anonymously to Berrey’s Oklahoma office. The request concerned a legal opinion the tribe had received from the NIGC about whether acreage the tribe owns on the Kansas border in Oklahoma qualified as Indian land for gaming purposes. The request names “Oaklawn Jockey Club, Inc.” as the client seeking the information, and states Oaklawn will “pay all applicable fees up to a maximum of Ten Thousand Dollars ($10,000.00).”
“They’re FOIA’ing litigation that we’re involved in, in Kansas, that has nothing to do with the state of Arkansas. Oaklawn has poisoned our relationship with the port board,” Berrey said, adding he doesn’t understand why Oaklawn, “just won’t leave us alone.”
The state’s Congressional delegation has spoken out against the tribe’s pursuit of federal trust status for its Arkansas land. Last July, state Senator John Boozman said, “With the door being left open such as they could use it for gambling, then I would be in favor of not going forward with the designation.” Several days later, Berrey offered a memorandum of understanding between the tribe and the Little Rock Port Authority, putting in writing that the tribe would not use the land adjacent to the Port Authority for a casino.
However, in January, the Port Authority passed a resolution to delay the MOU until after the tribe received approval of its federal land-trust application.
Casino gambling is prohibited in Arkansas, but parimutuel wagering on dog and horse races and “electronic games of skill,” including blackjack and video poker games and slots, are allowed at Oaklawn and Southland Park in West Memphis.
