The release of plans for a 600-room, $254 million hotel and casino in Russellville was beset with controversy this week surrounding the outgoing county judge's support for the project, as well as a lawsuit seeking to stop the county judge from taking any action on the casino before he leaves office in the next few days.
In a letter released to the public Thursday, Pope County's County Judge Jim Ed Gibson expressed support for the Gulfside Casino Partnership to obtain one of the state's first licenses for a full-fledged casino.
"If a license is issued for a casino in Pope County Arkansas, I give my support for Gulfside Casino Partnership," Gibson said in a single-sentence letter to the Arkansas Racing Commission. The commission will oversee the rules and licensing for casinos in the state.
Gibson has been the county judge for nearly 20 years. His last day in office will be Tuesday, when he will be succeeded by Ben Cross, a member of the Quorum Court who said in a statement Friday that he opposes a casino in the area.
The release of the letter came as the partnership, which operates the Island View Casino Resort in Gulfport, Miss., unveiled its plans Friday to open a casino in Russellville by mid-2020.
A phone number listed for Gibson's office at the county courthouse returned nothing but busy signals Thursday and Friday. The county judge did not respond to an email requesting comment.
When contacted, Gulfside's attorney, Casey Castleberry of Gulfport, said he was aware of the controversy concerning Gibson and of the lawsuit, but the company would continue to move forward with its efforts.
"As far as I see it, the Arkansas Racing Commission is still finalizing its rules and regulations concerning casino applications," Castleberry said. "We plan to file our application with the letter of support when that process is set in place."
The Racing Commission released its draft of casino rules Friday.
Scott Hardin, the spokesman, said the agency has not received any formal bids for a casino license in Pope County or Jefferson County.
Pope County, for which Russellville is the county seat, is one of two locations in Arkansas where voters, through an amendment passed in November, approved the building of new casinos.
Amendment 100 to the state constitution also authorized casino gambling to start in Jefferson County, as well as alongside existing gambling operations at racetracks in Hot Springs and West Memphis.
In Pope County and Jefferson County, the amendment requires proposals for any casino license to have the support of either the county judge or the county Quorum Court. If the casino is to be built in a city, it also must have the mayor's support.
While the amendment singled out Pope County as a location for a possible casino, more than 60 percent of voters in the county voted against the amendment, which was on the ballot as Issue 4.
In the same election, Pope County voters also approved a countywide ordinance prohibiting either the county judge or the Quorum Court from drafting a letter in support of a proposed casino without first getting approval from citizens in a countywide election.
Citing concern that Gibson was planning to bypass that ordinance, James Price Knight of Russellville, who led a local-level campaign during the election opposing the casino issue, filed suit Thursday against Gibson. An amended complaint was filed Friday, after the release of the letter, seeking to have the letter declared invalid.
"It's not a crime, but it was in violation of an ordinance that was in place," said Anna Stiritz, an attorney with the Sanford law firm, which is representing Knight.
Stiritz said the circuit court was seeking to assign a special judge to the case Friday, after all of the local-level judges recused from the case. She said she had yet to receive a response from Gibson.
Castleberry, Gulfside's attorney, said the Pope County ordinance contradicts Amendment 100.
"It is our belief in reading the amendment that there has to be a casino license issued in those counties," Castleberry said. "The ordinance is unconstitutional."
Also, state Rep. Breanne Davis, R-Russellville, requested an opinion from Attorney General Leslie Rutledge on Thursday night, regarding the legality of such a letter by a county judge.
Gibson "has held no hearings nor offered any indication that he is in private negotiations with or in support of a small casino operator in Mississippi until the last couple days," Davis said in her letter to the attorney general. Rutledge's office on Friday confirmed receipt of the requested opinion, but has yet to offer a response.
According to a spokesman for the Department of Finance and Administration, which oversees the Arkansas Racing Commission, the agency received Gibson's letter Thursday.
The incoming Pope County county judge, Cross, said Friday that he "was completely surprised" to learn of Gibson's letter the previous day.
Cross issued the following statement: "It is with great discouragement and dismay to have learned of the actions of the current county judge in regards to the casino issue. To have a lame duck official act in total disregard to the express wishes of the residents of Pope County is appalling and a complete afront to our representative democracy.
"My stance has been, and continues to be, to oppose any casino operation in Pope County. This is in accordance with the overwhelming majority vote established by the November 6th general election of Pope County voters. Legal challenges aside, it is my responsibility to represent and respect the voter's decision of those who elected me to lead our county."
The Cherokee Nation has expressed interest in building a casino in Pope County, and it contributed more than $2 million toward the campaign for Issue 4.
Shawn Slaton, chief executive officer of the Cherokee Nation Businesses, wrote to Gibson urging that their proposal be considered along with others.
The letter, obtained by the Arkansas Times, says in part: "It would behoove the citizens and leaders of Pope County to consider full proposals by all potential operators before making such an important decision."
In Pine Bluff, the Quapaw Nation has received a letter of support from Jefferson County's County Judge Booker Clemons for its proposed Saracen Casino Resort. The casino also received the support of Pine Bluff Mayor Shirley Washington.
Clemons is also a departing county judge. However, the incoming county judge, Gerald Robinson, has previously expressed support for a casino.
Metro on 12/29/2018