Fort Smith attorney Joey McCutchen filed suit June 3 in Sebastian County Circuit Court seeking a declaratory judgment that the city violated the Arkansas State Capitol and Historical Monument Protection Act when it removed the historical flag display and bronze markers from Riverfront Park in Fort Smith.
In October 2001, the city erected seven flags at Riverfront Park, 121 Riverfront Drive, representing the flags flown over Fort Smith since 1699. The flags included: 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 Confederate States of America flag depicting a circle of seven stars with red and white stripes. Brass markers identifying each flag were on the base of the flag poles. In April 2020, the city removed the flags due to age and condition, a letter from Colby Roe of Daily and Woods law firm stated.
“At some point after the flags’ removal, the brass markers were removed. The display has not existed since the removal,” the letter stated.
In May, McCutchen requested the city oblige the Arkansas State Capitol and Historical Monument Protection Act (Act 1003 of 2021) and replace the flags that flew at Riverfront Park from October 2001 to April 2020.
“This historical flag display is an important representation of Fort Smith history. We can’t allow government to erase or cancel our history like the City of Fort Smith is attempting to do. We must learn from our history,” McCutchen said. “We look forward to a ruling from the Arkansas History Commission which embraces the importance of our local and state history.”
Fort Smith city administration lost a round in their fight to erase our history, but their fight to erase our history is not over.