From the Arkansas Constitution Art. 5, § 1. Initiative and Referendum:
“…no local legislation shall be enacted contrary to the Constitution or any general law of the State, and any general law shall have the effect of repealing any local legislation which is in conflict therewith.”
Amendment 100:
The Arkansas Racing Commission shall require all casino applicants for a casino license in Pope County and Jefferson County to submit either a letter of support from the county judge or a resolution from the quorum court in the county where the proposed casino is to be located…
(No vote or permission from the electorate is included or envisioned in the amendment; adding such an additional qualification in an ordinance would be contrary to the Constitution.)
From the Ordinance under consideration by the Quorum Court:
“A majority of the registered voters of Pope County, Arkansas, voting in the election must approve and authorize the County Judge to issue any Letter(s) of Support for any Casino Applicant(s) before the County Judge issues any such Letter(s) of Support or substantially gives similar approval or support for any Casino Applicant(s).”
From Judge Pearson’s ruling on Ordinance 2018-O-42, which he found to be in direct conflict with Amendment 100:
“Amendment 100 specifies that the authority and discretion to issue letters or resolutions of support lie with the County Judge and the Quorum Court. Amendment 100 does not place that authority or discretion in the electorate of Pope County.”
Judge Pearson also said:
Ordinance 18-0-42 adds a qualification that was intended to operate and/or has the effect of operating as a bar to the issuance of a letter or resolution of support by the offices charged with that duty: the County Judge and the Quorum Court… because it imposes an additional qualification not found in or authorized by Amendment 100, especially when such qualification could act as a complete bar, Ordinance 18-0-42 is unconstitutional and void.
Judge Pearson also agreed that Ordinance 18-0-42 was unenforceable as an attempt by Pope County to regulate gambling in violation of Arkansas Code Annotated § 14-14-806(4). The same is likely true of the Ordinance currently before the Quorum Court.
Moot, embarressing, meaningless, void, invalid, unconstitutional dead horse.
I continue to pursue this because our Quorum Court JPs in making meaningless ordinances and resolutions reflect poorly upon our county.