Judge Fox noted in his 6-page ruling that the Arkansas Racing Commission acted outside its authority and did not follow the rules of Amendment 100 – the voter-approved amendment allowing four casino operations in Arkansas – in granting the license to Cherokee Nation. The state’s high court ruled that Gulfside did not have an official letter from an elected official during the active part of the application process, while Cherokee Nation did. The Cherokee Nation proposal was approved in a narrow 3-2 Racing Commission vote after the Arkansas Supreme Court ruled ineligible the Gulfside Casino Partnership proposal in late October 2021. Gulfside Casino Partnership had appealed a November 2021 decision by the Arkansas Racing Commission to grant the Pope County license to Cherokee Nation Businesses and its Legends Resort and Casino company. The contentious path to building a casino in Pope County took yet another turn Thursday when Pulaski County Circuit Court Judge Tim Fox ruled that Arkansas officials “unconstitutionally” granted a casino license to Cherokee Nation Businesses.
