Circuit Judge Gunner DeLay concluded the hearing by saying he would research the law regarding the issues raised by attorney Colby Roe, who represented the city, and inviting Roe to provide further legal precedent on the matter. DeLay noted he probably wouldn’t get to this again until next week.
Attorney Joey McCutchen filed a lawsuit June 3 accusing the city of violating the Arkansas State Capitol and Historical Monument Protection Act by removing the Flags Over Fort Smith display and not replacing it or obtaining a waiver within 60 days. The law took effect April 29.
DeLay filed an order Oct. 4 stating the city violated the Monument Protection Act through its “continued refusal” to request a waiver from the Arkansas History Commission to determine the disposition of the display, which the court found to be a “historical monument” as defined by state law.