Federal judge upholds Arkansas casino ban in Pope County
By Staff, Cherokee 411
LITTLE ROCK, Ark. (Aug. 29, 2025) — A federal judge has ruled in favor of Arkansas in a lawsuit challenging Amendment 104, the state constitutional amendment that eliminated casino gaming in Pope County and revoked Cherokee Nation Entertainment’s casino license.
U.S. District Judge D. Price Marshall Jr. dismissed claims by Cherokee Nation Businesses (CNB) that the amendment violated the Contract Clause, Takings Clause and Bill of Attainder Clause of the U.S. Constitution.
Arkansas voters approved Amendment 104 last November. Pope County voters, who had opposed casino gaming in 2018, voted against the amendment in 2024.
According to Marshall’s order, CNB had already invested more than $60 million in land purchases, construction contracts and licensing costs in preparation for the planned Legends Resort & Casino. The company was awarded a casino license in June 2024, just months before voters approved the amendment.
Marshall rejected all three constitutional challenges:
Contract Clause: While Amendment 104 affected existing contracts, it did not “impair” them under the constitutional definition. Marshall wrote that CNB “took a calculated business risk,” noting that real estate deals remain valid despite property values likely declining.
Takings Clause: The court found CNB cannot seek monetary damages in federal court against state officials. Instead, the company must pursue compensation through Arkansas’ State Claims Commission and General Assembly.
Bill of Attainder: Marshall ruled the measure did not constitute a bill of attainder, since it did not specifically target the Cherokee Nation but broadly eliminated casino gaming in Pope County.
“I applaud today’s ruling, which sided with the State of Arkansas and the Arkansas Racing Commissioners on all issues,” Arkansas Attorney General Tim Griffin said in a press release. “The Court correctly ruled against the plaintiffs on each issue.”
In This Story: Amendment 104, Arkansas Racing Commission, Cherokee Nation Businesses, Cherokee Nation Entertainment, D. Price Marshall Jr., Legends Resort & Casino, Pope County, Tim Griffin
