What prohibits casino gambling in Arkansas?

Is it the Constitution (Article 19, § 14), or is casino gambling only prohibited by statute (Ark. Code Ann. § 5-66-101 to - 119)? Although the Supreme Court hasn't been directly asked to rule on that question, it's now one of the issues to be debated -- at least by the public -- in the Family Council's attempt to have the lottery proposal thrown off the ballot. John Lyon writes about it today.

The Constitution's only mention of gambling, besides bingo and raffles, comes from Article 19 ("No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed"). The Supreme Court has taken up that section of the Constitution several times, the first being in 1909, when it ruled in Burks v. Harris that lottery is defined as a "species of gaming, which may be defined as a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to win a prize." It later ruled in 1949 that parimutuel betting does not violate the Constitution since the outcome is not governed entirely by chance. The interpretation that forms of gambling that are governed entirely by chance are prohibited by the Constitution would seem to apply to casino gambling, but the court has never addressed that question directly.

One interesting twist. In 2000, an AG's opinion was published that states as follows:

The legislature is free, however, if it chooses, to authorize various forms of "gambling." The legislature may not, however, authorize a "lottery," which is prohibited by the Arkansas Constitution.

That was written by none other than Assistant AG Elana Wills, who is now sitting on the Arkansas Supreme Court.