Arkansas History Commission rules against Fort Smith on flag display waiver – Talk Business & Politics

The Arkansas Historical past Fee on Thursday (Sept. 8) denied the town of Fort Smith’s historic preservation waiver, a transfer that would require the town to exchange the Flags over Fort Smith show on the metropolis’s Riverfront Park.

In April 2020, the town eliminated seven flags that made up the show due to age and situation, in line with court docket paperwork.

The show represented the flags flown over Fort Smith since 1699, together with The French Fleur-De-Lis flag; the Spanish Cross of Lorraine flag; the French tricolor flag; the U.S. flag with 15 stars; the U.S. flag with 20 stars; the U.S. flag with 24 stars; and the Accomplice States of America flag depicting a circle of seven stars with pink and white stripes. Brass markers figuring out every flag had been on the bottom of the flag poles.

Metropolis Administrator Carl Geffken had mentioned flags representing the U.S. Military, Navy, Air Drive, Marine Corps, Coast Guard and maybe Area Drive would fly subsequent to america flag on the park.

Fort Smith legal professional Joey McCutchen filed go well with June 3, 2021, in Sebastian County Circuit Courtroom searching for a declaratory judgment that the town violated the Arkansas State Capitol and Historic Monument Safety Act when it eliminated the historic flag show, which was erected in October 2001. McCutchen alleged that the town eliminated your entire show in an try and not show the Accomplice States of America flag.

The Arkansas State Capitol and Historic Monument Safety Act prohibits the elimination, relocation, alteration or renaming of a memorial that’s positioned on public property. The legislation was largely a response by the Republican-dominated Arkansas Legislature to actions across the nation to take away symbols and statues of Accomplice generals and symbols.

In Might 2021, McCutchen requested the town oblige the Arkansas State Capitol and Historic Monument Safety Act and change the flags that flew at Riverfront Park from October 2001 to April 2020. Sebastian County Circuit Choose Gunner Delay dominated that the town of Fort Smith should get a waiver from the Arkansas Historic Fee concerning the elimination of the Flags over Fort Smith show on the Riverfront Park twice. The most recent ruling was issued Jan. 28. Delay dominated Oct. 4 that the town was in violation of Act 1003 of 2021.

On Oct. 12, the town filed a Movement to Rethink, asking the court docket to vacate its opinion. A listening to on that was held Jan. 19. Delay dominated Jan. 28 he would stick along with his unique ruling. Town contended the Oct. 4 order was not a ultimate order as a result of there have been nonetheless actions required of them after it was entered, the order acknowledged.

Town has been ready since January for guidelines and procedures from the Arkansas Historic Fee to be accomplished so they might know if any motion must be taken relating to changing the flags. The principles pertaining to the Arkansas State Capitol and Historic Monument Safety Act weren’t handed till this summer season. Town nonetheless has in its possession the plaques from the show, Geffken mentioned in January. Administration has changed the outdated and tattered flags that had been eliminated in April 2020.

When the Arkansas Historical past Fee denied Fort Smith’s waiver software Thursday, it denied the primary historic preservation waiver within the state for the reason that Arkansas State Capitol and Historic Monument Safety Act grew to become legislation. The waiver request was denied two to at least one, with Commissioner Brady Banta voting current. Fee members Heather Nelson and Ronald Fuller voted towards the waiver and Micheal Tarver, chairman of the fee, voted for the waiver.

The fee did say Thursday the waiver denial doesn’t imply the town is required to place the flag show again the place it was. McCutchen mentioned that’s as a result of making these choices is just not the responsibility of the fee and the court docket has already selected what must be performed relating to the monument.

“The fee decides on the waivers. They will’t inform the town they should put the monument, as a result of that’s what the flag show was dominated to be – an historic monument, again,” McCutchen mentioned. “In my view, they should put it again although. Choose Delay mentioned the town needed to file the response of the fee with the court docket after which they’ve 10 days to place the monument again up.”

McCutchen mentioned now that the waiver has been denied, the town must file that response with courts and change the monument.

“I’m happy concerning the determination (of the fee). Now Mr. Geffken and the town must work on fixing the consent decree situation, ensuring the brand new Air Drive mission involves Fort Smith and caring for the opposite metropolis problems with significance and cease attempting to cancel our heritage and historical past,” McCutchen mentioned.

Shari Cooper, the town’s public relations and communications supervisor, mentioned Geffken will seek the advice of with the town’s legal professional and the board of administrators for enter and decide subsequent steps.