Bench trial for casino lawsuit set to begin
LITTLE ROCK — A bench trial will begin next Tuesday in the casino lawsuit brought by Cherokee Nation Business, claiming that Amendment 104, a voter-approved measure that revoked the casino license in Pope County, violates the U.S. Constitution. The suit, originally filed on Nov. 8, 2024, by Cherokee Nation Business, Cherokee Nation Entertainment and local voter Jennifer McGill, alleges that the measure violates constitutional protections, including the Due Process, Contract, Equal Protection and Takings Clauses.
The lawsuit came after Issue 2 was passed by voters in the Nov. 5 election. The amendment requires casinos to receive the support of local voters before they are licensed. It also removed Pope County from Amendment 100, which originally named four counties as sites of potential casinos in Arkansas.
Last month the state sought to dismiss the lawsuit arguing in their motion that its officials and the Arkansas Racing Commission (ARC) members should not be defendants in the case, arguing that the amendment was self-executing and did not require enforcement by state officials.
The state also maintained that the plaintiffs lack property rights in the casino license and that Amendment 104 does not constitute an unconstitutional bill of attainder.
However, in a response, the plaintiffs strongly disputed the claims, arguing that under legal precedent, including the Ex parte Young doctrine, state officials and regulators can be sued when enforcing unconstitutional laws. The plaintiffs also asserted that the Arkansas Racing Commission plays a direct role in casino regulation and, therefore, should remain in the lawsuit.
The response further defended the plaintiffs’ claim under the Takings Clause, maintaining that CNB and CNE had a protectable property interest in their casino license and related contracts. They argue that Amendment 104 unlawfully stripped them of those rights without compensation, violating constitutional protections against government takings.
U.S. District Judge D. Price Marshall Jr. ruled not to dismiss the lawsuit, allowing it to continue to trial. The trial will take place at the federal courthouse in Little Rock located at 500 West Capitol Avenue.
Judge Marshall will decide liability on all claims, including the takings issue. If CNB prevails on the takings claim, a separate jury trial will determine damages at a later date.
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LITTLE ROCK — The University of Arkansas for Medical Sciences (UAMS) and Walmart are collaborating to increase access to nutritious food across Arkansas.
Through the collaboration, participants in select research projects at the UAMS Institute for Community Health Innovation will receive Walmart Wellness Benefit cards to be specifically used at Walmart stores for various healthrelated items, including healthy foods and baby care items.
The statewide program begins in March. The number of cards and card amounts will be determined on a projectby- project basis. Various research projects within the institute will participate in the program, including Centering-Pregnancy and Delivering HOPE, a new program that will include nutritional counseling, case management and grocery deliveries.
“Working with Walmart is a giant step forward toward improving nutrition and reducing barriers to health for Arkansans across the state,” said Pearl McElfish, Ph.D., director of the Institute for Community Health Innovation. “While we can only offer this benefit to eligible participants in some of our research projects, the information we gain through this program may help us address food insecurity and reduce health barriers for years to come.”
Additionally, for each participant that opts-in, UAMS and Walmart will leverage Walmart’s Everyday Health Signals program to generate nutrition-focused insights.
These insights will assist UAMS in measuring the project’s effectiveness and support the development of novel ways to combat nutrition insecurity.
“We’re pleased to join UAMS in finding ways to reduce food insecurity and increase access to nutritious foods in our communities,” said Ralph Clare, senior vice president of Health and Wellness Merchandising for Walmart.
Researchers at the institute are also analyzing the effect of healthy food delivery and education on diabetes management and gestational weight gain. In one recent study, the institute facilitated more than 2,000 food-as-medicine deliveries to research participants.
For more information about the institute, visit communityhealth. uams.edu.
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ASP investigating fatal shooting near Bono
BONO — Arkansas State Police Criminal Investigation Division is investigating a fatal shooting incident that occurred on Friday around 7 p.m. on U.S. Highway 63 west of Bono in Craighead County.
The incident resulted in two men sustaining gunshot wounds.
Both men were transported to St. Bernards Medical Center for treatment. One of the men, identified as Allan Brown, 45, of Bono, was pronounced deceased at the hospital. The other man is receiving medical care at a hospital in Little Rock.
A passenger in one of the vehicles involved in the incident was not injured.
The investigation into the shooting is ongoing.
