Arkansas has a completely different approach to online gambling, which is one of the biggest challenges for 2024.
Voters in Arkansas legalised gaming expansion six years ago. The expansion included four brick and mortar casinos, online and in-person wagering as well as online poker. Arkansans are not prohibited from gambling online by the law. The law does not expressly allow online gambling.
Casino gaming is defined by the law as “dealing with, operating, carrying out, conducting, maintaining or exposing any games played with dice, cards, equipment”. This can include any mechanical, electronic, electromechanical or other device that is used to exchange money, goods, credits, checks or anything else of value. The definition of casino gaming includes “accepting bets on sporting events”.
Online sports betting, poker legal
In their interpretation of the law, regulators included online poker and sports betting for all states. At the moment, no operators offer digital poker. Carlton Saffa of Saracen Casino, chief marketing officer and the Arkansas Racing Commission, wrote a letter to them last month asking for a change in the rules. Gambling.com first reported this.
Saffa, of Gambling.com, said that ARC Rule 5 could be amended to allow other table games and slot machines. This would generate significant revenue for the government. “At the same time, it is important that operators are held accountable to government.”
Rule 1 of the racing commission defines casino gambling in the same manner as the law. Arkansas’s online casino is not addressed in the regulations. They refer instead to “interactive games” and define explicitly online poker as being legal. A new interactive gaming system is also prohibited by Rule 5.060. It is only allowed if it’s been approved by the Commission.
However, Rule 5.140 (Acceptance Of Wagers) states that operators are not allowed to accept bets for “any other game than poker or its derivatives approved by the Commission” and posted on their website.
Online poker differs from other casino games in that it is played peer to peer, while casino games such as blackjack and roulette are against the casino. Both are regulated and defined separately in every US jurisdiction.
The latest idea for a solution is to use a workaround
Saffa proposes a solution that avoids legislative action, another constitution amendment or governor approval. Kay Ivey, the governor of Florida who supported gambling expansion in 2016, said earlier this year that she would not sign any bill.
If the Arkansas racing commission grants Saffa’s request, online gambling in Arkansas could be legalized sooner rather than later. A lawsuit or legislative act could stop it. Saffa said to Gambling.com he hopes that his request is on the agenda of the Arkansas Racing Commission’s meeting scheduled for 6 May. This agenda has not been released yet.
Minnesota lawmakers have struggled to legalise sport betting for many years. The racing commission approved the use of historic horse race machines in local tracks this year. One state legislator called it “illegal”, and filed a law banning these machines. The tracks sued state tribes, and one tribe sued the Arkansas racing commission. This shows that Arkansas’s racing commission may still not “legalise”.
Online casinos are available in seven states
Oaklawn and Southland have not yet joined the discussion. On Tuesday, the Arkansas Racing Commission and Saracen Casino did not return iGB’s calls.
Seven states in the US have legalized online casinos: Connecticut, Delaware Michigan New Jersey Pennsylvania Rhode Island West Virginia. Rhode Island was the last to introduce online casino. Rhode Island is the latest state to launch an online casino.
