After a failed court challenge, Arkansas's Issue 2 goes into effect.

After a failed court challenge, Arkansas's Issue 2 goes into effect.

 Today, 13 November, after a last-minute court fight was unsuccessful, Issue 2, the victorious ballot proposal in Arkansas, took effect, removing Cherokee Nation Businesses (CNB) from its Pope County casino licensing.
 Online gaming with the Arkansas Sarcoens
 By a vote of 56% to 44%, the proposition was approved by the state's people on November 5th.  Issue 2 requires voter approval for any additional expansion and revokes CNB's current licence.  It was not without some dramatic last-minute events, but it is currently in force as of today.

 On 8 November, after losing the election, CNB sued the state, claiming that the state had violated its constitutional rights in multiple ways.  A preliminary injunction and temporary restraining order were sought by the court in the lawsuit to prevent the measure from being implemented.  Afterwards, on November 12th, it updated its complaint and named Arkansas Racing Commission (ARC) members and Governor Sarah Huckabee Sanders as additional defendants.

 The day before, in the Eastern District of Arkansas US District Court, a hearing took place.  The motion for an injunction was ultimately denied by Judge DP Marshall Jr., but the case will proceed as scheduled.  According to Marshall's order, which was submitted today, the deadline for briefs is the end of the month, and the trial will be held after that.

 The dismissal of Sanders and the ARC as defendants stands out.  It seems incongruous to include them in the lawsuit, considering Sanders' opposition to Issue 2 and the June unanimous issuance of the licence to CNB by the ARC.

 The Choctaw-funded group has filed paperwork to intervene.
 Local Voters in Charge (LVC) filed to intervene in the case before the hearing.  The Choctaw Nation of Oklahoma was the leading advocate for Issue 2, and it supported the LVC committee.

 More than twice the state record, the Choctaw and Cherokee communities spent over $30 million (£23.2 million/€27.8 million) on their campaigns in the run-up to the election.  Because the Choctaws own other casinos in neighbouring Oklahoma, they were concerned that opening one in Pope County would cut into their profits.

 In the complaint, Elizabeth Robben Murray, an attorney for LVC, stated that CNB was aware of the license's associated risks.  She made reference to ARC regulations that state licensure is "a revocable privilege" and that CNB does not have any legal standing because of this.

 "In the same way that a liquor licence holder is aware of the risks associated with their business, CNE willingly sought out and accepted the casino licence, even though the people have the right to revoke it at any time," Murray stated.