A Mississippi casino operator will make another try this week to get a state license for a Pope County casino.
Gulfside Casino Partnership won't likely succeed. The appeal is going to the same Arkansas Racing Commission that rejected this application in June.
The appeal appears to be just another rung on a litigation ladder for Gulfside, which is based in Gulfport, Miss.
At issue is a constitutional requirement for letters of support from local officials before a casino can receive state approval.
In this case, endorsement letters must come from the county judge or Quorum Court of Pope County and the mayor of Russellville.
Arkansas voters adopted Amendment 100 in 2018, allowing gaming expansions at existing racetracks in Crittenden and Garland counties and one new standalone casino each in Jefferson and Pope counties.
Millions in development dollars are already being pumped into three of the counties where hotels and other resort amenities -- and jobs -- will accompany the gaming operations that have received state permits.
That is not happening in Pope County, however. At least it isn't happening yet.
Gulfside was the first of the gaming companies to seek a permit there. Four others have since joined the competition.
But Gulfside has something the others don't.
The company managed to get the former county judge and the former Russellville mayor to sign letters of support for Gulfside's application just before the officials left office in December.
Nevermind that voters of Pope County had in November voted, 60 to 40 percent, against the casino proposal that would become Amendment 100, which was adopted statewide. Disregard that those same voters passed a local ordinance requiring direct voter approval of any endorsement by local officials of a casino application.
The lame-duck officials signed letters of support.
What happened next was a decision by the Arkansas Racing Commission to include in regulations governing casino licensing that such letters had to come from the county judge and mayor in office at the time of a casino's application.
The decision invalidated the earlier letters of support for Gulfside's application.
Sure enough, when the time came, the Racing Commission rejected the Gulfside application and the other four, none of which had any endorsement letters from current officeholders.
That brings us to this week's appeal, which will be heard on Thursday.
Presumably, Gulfside will again argue that Amendment 100 doesn't specify when endorsements be made, only that they must come from a county judge and mayor.
The state will counter that the Racing Commission exercised its regulatory authority by specifying that the job falls to local officials in office at the time of the application. Plus, the state Legislature has since put that requirement in law.
And the folks from Pope County, who will surely show up for the appeal hearing in significant numbers, will stand by their own local ordinance requiring a public vote on endorsement.
There's bound to be more, but that's the core of what's about to be argued before the Racing Commission this week -- and eventually in court.
Meanwhile, a change of sentiment could be brewing in Pope County, where the people are apparently being wooed by all of the casino-license applicants.
The operators are painting pictures of new jobs and tourism-related industry as they lay out architect's renderings of gleaming resorts and high-rise hotels, water parks and restaurants.
Any of the prospective operators, if chosen, would drop millions into Pope County, immediately stimulating the economy with construction-related jobs and promising long-term enrichment from the casino resort.
Quite vocal people remain on both sides of the issue, but there has been a recent surge of online appeals for Quorum Court members to call for an election.
People who've had a change of heart on the issue are reportedly peppering the county judge and justices of the peace and with email and talking up the idea. There is even a pro-casino group that claims nearly 6,000 members.
Pressure is obviously building for a special election, which could knock the casino debate off high center. It would also open the competition again so any of the five applicants could get the one remaining, highly prized state permit for a casino.
Not everyone wants another vote, certainly not those who simply don't want any casino in Pope County. Some advocates even think officials should sign the letters without a vote.
Nevertheless, nothing but a vote will resolve whether a majority of Pope County voters have changed their minds about a casino.
Commentary on 07/17/2019