By T. D. Thornton
Opponents of an Arkansas ballot measure to legalize three new casinos by amending the state's constitution have won over the Supreme Court of Arkansas in their effort to have the question stricken from the Nov. 8 vote.
A state supreme court ruling issued Oct. 13 agreed with anti-casino petitioners that the title of Issue 5 was “legally insufficient” because one line in the measure includes a reference to accepting wagers on “sporting events,” which the justices interpreted as a violation of federal law.
One of the petitioners in the suit was a group called Committee to Protect Arkansas' Values/Stop Casinos Now. According to the Arkansas Ethics Commission, a lead donor to that coalition was Oaklawn Park Racing & Gaming, which gave $59,500 through Aug. 30 to the anti-casino cause. The parent company of Southland Park Gaming and Racing, which formerly was a stand-alone greyhound track, gave $50,000.
Although both Oaklawn and Southland are legally allowed to conduct poker, blackjack, roulette, craps, and electronic gaming, the Arkansas Department of Finance and Administration considers neither a “casino.” Rather, they are allowed to operate such forms of betting under 2005 “Games of Skill” legislation that is exclusive to the state's only two pari-mutuel venues.
In wiping the question off the statewide ballot, the concurring justices cited the federal Professional and Amateur Sports Protection Act, which, in their interpretation, prohibits Arkansas or any other state from legalizing sports betting.
Associate Justice Karen Baker wrote in the majority opinion that, “The ballot title does not inform the voters that the Amendment violates federal law…The voters are entitled to a ballot title that is honest, impartial, and intelligible and will give them a fair understanding of the issues presented…We conclude that the ballot title of the proposed Amendment is insufficient. It fails to convey to the voter the scope and import of the proposed measure.”
Because the election is only 3 1/2 weeks away, pro-casino sponsors have been given a shortened time frame of just five days to ask for a re-hearing on the matter.
Arkansas election officials have already been ordered to neither count nor certify any votes on the casino measure.
Not a subscriber? Click here to sign up for the daily PDF or alerts.
