“A Constitutional Mandate” and “For Good Cause Shown”—Fifth Open Letter to the Arkansas Racing Commission

Arkansas Racing CommissionDear Mr. Lieblong, Mr. Lamberth, Mr. Rice, Mr. East, Mr. Post, Mr. Hunter, and Mr. Landers,

As an active member of the grassroots Facebook group Pope County Majority, I try to ensure that the group has up-to-date, factual information related to the Pope County casino issue.  To do so, I have read almost all of the casino-related media articles pertinent to Pope County for the past two years as well as the greatest portion of the documents filed in all of the litigation.  I am comfortable in stating that I have no doubt that the Arkansas Racing Commission should award a casino license to Cherokee Nation Buisnesses LLC to operate Legends Resort and Casino LLC in Pope County, Arkansas, within two miles of the county seat.

Commission’s Mandate and Good Cause Shown

From the Casino Gaming Rules of the State of Arkansas

    • The Commission shall award a casino license to a casino applicant for a casino to be located in Pope County within two miles of the city limits of the county seat.
    • No applications will be accepted after the thirty (30) day period, except for good cause shown.

Watching the special meeting of the Racing Commission earlier this month, I was disappointed that there wasn’t more discussion of the “for good cause shown” application provision of the Arkansas Casino Gaming Rules. Assistant Attorney General Kat Guest discussed it and it was briefly discussed while the Commission was trying to figure out the wording for a motion, but I don’t know if it made it to the final wording of the motion that was passed.

There was an opportunity earlier on to avoid the application situation that resulted in the second lawsuit against the Commission by Citizens for a Better Pope County and James Knight and, subsequently the temporary restraining order that was placed on the Commission.

On August 15, Scott Richardson, attorney for Cherokee Nation Businesses (CNB) and Legends Resort & Casino, in a letter that accompanied their August license application, made a good case for accepting that application for good cause shown, writing:

In order to comply with Rule 2.13.4(b), and to avoid any confusion in the future, CNB requests that the Racing Commission officially accept CNB’s application “for good cause shown.” We respectfully suggest that good cause is demonstrated by the fact that in the initial thirty-day window no applications were submitted with a letter or resolution of support from the Pope County Judge or Quorum Court holding office at the time of the application as required by Amendment 100, Ark. Code Ann. § 23-117-101, and Arkansas Racing Commission Rule 2.13.5.(b). This application now comes to you with that resolution.

Pope County Majority is a large grassroots Facebook group that continues to grow.  The group is representative of a much larger group of people who want our region to succeed and who favor the construction and operation of the casino and resort.  I have communicated with a number of others who are not members of Pope County Majority. Some are not active on Facebook, some are reluctant to join because of possible repercussions at work or other reasons, and some seldom or never use a computer. The greatest majority have been either supportive of the casino or not opposed to it. While some of the members of Pope County Majority don’t live in Pope County, most do and, of those who don’t, most have ties to Pope County or live in neighboring counties.

Pope County wants Legends Resort and Casino Arkansas. It will be a catalyst for change in the River Valley and a boost for the economic health and viability of the entire area.

I respectfully urge you to award the casino license to Cherokee Nation Businesses so that construction can begin on Legends Resort and Casino Arkansas.

Thank you,
Michael Goad
Dover, Arkansas

arkansas, casino, commentary, social media, writing
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