Statement by Pope County Justice of the Peace Caleb Moore at the August 13, 2019 special Pope County Quorum Court meeting.
(transcription by Mike Goad from this video recording )
For over a year now, this casino issue has been front and center in Pope County.
To say that it has been divisive and controversial is an understatement.
But how did we get to this point today and how did the court come to the conclusion that we could not have a vote.
I would briefly like to walk you through the timeline and through the process over the last several months to explain how we ended up here today.
At the end of January, I walked into Judge Cross’s office and expressed my desire to start exploring a way Pope County could have a local vote on this casino issue.
He agreed that, since a majority of the voters wanted a local vote, that we should strive to do just that.
His office then calls the Secretary of State’s office to inquire how we could proceed. The reply that that we could not…The reply was that we could not hold a vote on this issue since it was already in the state constitution.
Not satisfied with that answer, a call was made to the State Election Commission. The same answer was given, that we could not hold a vote on this issue. Baffled by the response, but not ready to give up, we continued to search for a way to get this issue back out to the voters.
Sometime in March, we came up with the idea that we might be able to do an economic development plan by using upfront money from an operator. This money would be earmarked for certain county projects and a percentage would go to each municipality. As we started working on the details, we realized that, if this showed up on the ballot, that it could be very confusing. The length of this ordinance would be close to a page long.
One of the phrases that we have repeatedly heard is that people were confused during last November’s vote on both Amendment 100 and Local Ordinance 2018-0-42.
Since this could be confusing on a ballot as well as questions if there were legal or not, we decided that the economic development plan would not be suitable solution for a local vote.
We then realized that maybe the answer had been in front of us the entire time. We could retitle Local Ordinance 2018-0-42 and put it back out for a vote.
We already believed that this ordinance was unconstitutional, but we thought we could still use it, if only as a poll, for the court and the county judge to see where the people were on this issue.
So we called for a special meeting on June 11th to discuss… to discuss this with the public and get their thoughts on it. There were two things that the court took away from this… that meeting.
One, no one on either side of this issue championed a vote. Most people said that it was a waste of county money and didn’t see a point.
The second take away was when Mr. Story, the author of the local ordinance, told us what the intent of the local ordinance was. It was for the Quorum Court to vet and choose an operator and then put that operator up for a vote. No one on the Court or the County Judge had ever heard that explanation. If that truly was the intent of the ordinance then we knew that was impossible for us to comply with. In no way is that option legal or even remotely a good answer to how to conduct this issue.
After the meeting, the court was more confused on the intent of the local ordinance and came to the conclusion that we could not use this as an option.
The historic flooding took place and for a while we could not direct our attention on this problem.
When we picked it back up in late June and July, we decided to hire outside counsel, with guidance from Clay McCall, to help draft an ordinance that would be both legal and simple.
We quickly found out that most law firms were either conflicted or would not touch this problem. Most said that it was legally not possible.
After months of tirelessly trying to find a solution to this problem, we came to the conclusion that there is no legal way to have a vote on this issue.
So the responsibility fell back on the Court and County Judge to make a decision.
I ask the citizens of the county to understand and take under consideration two things when judging our actions today.
One, this court has worked on this complicated issue for countless hours, brainstorming and searching for answers. This has been our second full time job. We have not taken this responsibility lightly and without doing our due diligence. We have met with every operator multiple times and researched in detail what each of them could offer this community.
Secondly, we did not ask for this responsibility. We were not given a playbook on how to maneuver this complicated issue. No one from the State Government has reached out to us asking if they could help give us counsel.
We have been on an island for over a year, simply working hard to find us a good solution for everyone, of which there is not one.
We are only doing what we feel is best for this county right now, considering how this could play out in courts, and the racing commission in the near future.
Gentlemen, I want to commend all of us and the County Judge for the way we have conducted ourselves through this convoluted and complicated process.
There were times we wanted to lash out at people in their comments and there were times that we wanted to throw in the towel. But I believe that we have handled ourselves in a very professional manner and have done our jobs as well as we could have.
I want to ask you now to think of this vote in a different way. A vote for this resolution is not a pro-casino stance, but a pro-choice stance.
Since the beginning of this casino issue, this Court has been told what to do.
Last summer, we were told that Pope County would be on a statewide ballot to have a casino and we would be one of the governmental bodies to decide this issue.
We were then told by a local ordinance, which we did not create, that we couldn’t do anything unless we had a vote of the people.
Then we were told who the operator was going to be last December by a County Judge who didn’t ask for our advice and didn’t allow us to help negotiate the deal.
For months after that, we have been told by special interest groups on both sides what we should and shouldn’t do and, now, we could be told again by the Racing Commission and the courts in Pulaski County who our operator is going to be.
Quite frankly, I am tired of people telling this Court what to do.
By voting in favor of this resolution, we can send a loud message to the Racing Commission, the powers that be in Little Rock, and the Courts, that, if Pope County is to have a casino, then we will choose who it will be and we will negotiate the terms of that agreement.
If Terry Green and Gulfside are granted their appeal by the Racing Commission, or they win their lawsuit, then they will have the right to build whatever they want, with as little money as they want, without any negotiating or contract signed by this Quorum Court or County Judge.
Terry, himself, has already stated that, if he has to fight this in court, that he will not build what his proposal is today.
My actions are motivated to help ensure that Gulfside does not have a foothold in Pope County.
The conclusion that I’ve come to today has come with great difficulty and adversity.
At times, the stress and the weight of this decision has been overwhelming. I have had nights that sleep has escaped me, precious time taken away from my family, and, yes, I have shed a tear or two.
But, if we are to have a casino in this county, it makes my decision easier knowing that we have found the right partner both short term and long term.
Cherokee Nation Business has impressed all of us with their conduct through this process and also their willingness to put community first.
They have met the requirements of having the very best products and, most importantly, being great community partners.
Between Judge Cross and the Court, we have negotiated a great deal for this county that will benefit us for years to come.
Regardless of the way you vote tonight, know that I hold each of you in the highest regards and have nothing but admiration and respect for this governmental body.
I pray and hope that, together, we may move on from this issue tonight and finally allow this county to heal from this divisive issue.
Thank you, gentlemen, for your diligent work and, more importantly, your friendship.