Arkansas judge strikes down Cherokee Nation's license for new casino

An Arkansas judge voided a state panel's decision to allow the Cherokee Nation to build a casino in the state, ruling on Thursday that the license was issued in violation of the state's constitution.

Pulaski County Circuit Judge Tim Fox struck down the license issued in 2021 to Cherokee Nation Businesses, and Legends Resort and Casino — the company set up by the Cherokee Nation — to build a casino in Pope County.

Pope County was one of four sites where casinos were allowed to be built under a constitutional amendment that voters approved in 2018. Casinos have already been set up in the other three locations, but the Pope County license has been tied up in ongoing legal battles.

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Fox ruled that the state Racing Commission did not have the authority to issue a license jointly to Legends and Cherokee Nation Businesses. He also ruled that Legends was not eligible for a license since it didn't have prior casino experience.

Cherokee Nation Businesses said it planned to appeal the ruling, and that construction has not yet begun on the casino.

"While the circuit court’s ruling is disappointing, in the interest of forward progress, we are pleased to have a decision," Chuck Garrett, CEO of Cherokee Nation Businesses, said in a statement. "We remain confident in our legal position and will move quickly to have our appeal heard by the Arkansas Supreme Court."

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Mississippi-based Gulfside Casino Partnership, a competing applicant, had filed the lawsuit challenging the license.

"Gulfside remains committed to building a first-class entertainment destination in Pope County and bringing good-paying jobs and economic development to Arkansas, and this ruling that Legends was not qualified is a step in that direction," Lucas Rowan, attorney for Gulfside, said in a statement.

Gulfside had been issued a license for the casino in 2020, but that license was voided after the state Supreme Court said it needed to have the endorsement of current elected officials in the area. The Gulfside application had been submitted with the backing of Pope County's former judge.

Congress blocks funding request for Microsoft headsets after testing concerns: report

Congress reportedly shot down the U.S. Army's request for $400 million to purchase additional Microsoft mixed reality headsets, instead realigning funding to develop new models that will address issues with the current devices.

The military is getting around a tenth of that sum to go toward improving the system after concerns were raised over field tests of the goggles, which are based on Microsoft’s HoloLens technology, Bloomberg reported. 

Tests using the devices disclosed "mission-affecting physical impairments," including headaches, eye strain and nausea, the outlet reported, citing a summary of an exercise by the Pentagon's testing office.

The $400 million request was included in the $1.75 trillion government funding bill, according to Bloomberg. 

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In a Jan. 5 release, the Army said it had awarded a task order to Microsoft to develop the 1.2 variant of headsets, or Integrated Visual Augmentation Systems.

The task order, it said, would provide improvements based on completed test events.

"The IVAS will provide soldiers with a single device to fight, rehearse and train by integrating next-generation situational awareness tools," the Army said. "To date, the Army has conducted over 30 soldier test events and more than 100 technical subtests, with more than 1,000 soldiers contributing nearly 100,000 hours of IVAS user feedback. These tests validated the system’s continued progress while identifying areas for focused improvements." 

The updated version will include a new form factor to address Human Systems Integration, including physiological impacts identified during testing, as well as software improvements for increased reliability and reduced power demands.

Delivery orders for IVAS 1.2 production systems will be placed after qualification and operational testing.

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According to Bloomberg, the Army awarded Microsoft around $125 million to develop the 1.2 variant, in addition to the tens of millions approved by Congress.

Microsoft said in a post that the headsets are part of a broader effort to modernize U.S. military operations

In 2018, Microsoft won a $480 million contract from the Army to develop a mixed reality headset to "help soldiers train, rehearse and fight," with IVAS being developed under an agreement known as an Other Transaction Authority. 

"The arrangement enabled IVAS to be developed in less than three years, much faster than a traditional project of its type," it said.