In a landmark decision that could have far-reaching implications for the future of gambling in Arkansas, the state Supreme Court has ruled that one of two counts in a lawsuit challenging a casino amendment is invalid.
The lawsuit, filed by a group of citizens opposed to the casino amendment, argued that the amendment was unconstitutional because it violates the state’s prohibition on new casinos. The amendment, which was approved by voters in 2018, allows for the construction of four new casinos in the state.
In a 5-2 decision, the court rejected the argument that the amendment violates the state’s prohibition on new casinos, stating that the amendment does not create new casinos but rather expands existing ones. The court also noted that the amendment specifically allows for the new casinos to be licensed and operated by the same entities that currently operate the state’s existing casinos.
However, the court did rule that the amendment violates the state constitution’s requirement that ballot measures only address a single subject. The court found that the amendment, which includes provisions for both casinos and the legalization of sports betting, violates this requirement.
The decision was met with mixed reactions from both proponents and opponents of the casino amendment. Supporters of the amendment hailed the court’s ruling as a victory for the will of the voters, who approved the amendment by a significant margin in 2018. They also argued that the amendment will bring much-needed economic development and revenue to the state.
On the other hand, opponents of the amendment expressed disappointment with the court’s decision, arguing that the amendment is a clear violation of the state’s prohibition on new casinos and should be ruled unconstitutional in its entirety.
The court’s decision is likely to have significant implications for the future of gambling in Arkansas. With the legality of the casino amendment now in question, it remains to be seen how lawmakers and regulators will proceed. It is possible that the amendment may need to be amended or repealed entirely, or that the state may need to find alternative solutions to address the issue of gambling expansion.
Overall, the court’s ruling in this case raises important questions about the limits of voter-approved initiatives and the role of the judiciary in interpreting and upholding the state constitution. As the legal battle over the casino amendment continues, all eyes will be on Arkansas to see how this issue unfolds in the coming months.