The city of Fort Smith has spent roughly $18,000 defending the choice to remove a flag display from the city’s Riverfront Park. The city removed seven flags that made up the Flags over Fort Smith display in April 2020 because of age and condition, according to court documents.
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, which was erected in October 2001.
Since June 2021, Fort Smith has paid $18,283 to Daily & Woods, the Fort Smith law firm that represents the city in legal matters, for legal fees regarding the defense of that lawsuit, according to invoices from the law firm to the city. It has paid $2.40 in miscellaneous fees associated with the lawsuit.
The Arkansas State Capitol and Historical Monument Protection Act prohibits the removal, relocation, alteration or renaming of a memorial that is located on public property. In May, McCutchen requested the city oblige the Arkansas State Capitol and Historical Monument Protection Act and replace the flags that flew at Riverfront Park from October 2001 to April 2020. Sebastian County Circuit Judge Gunner Delay ruled that the city of Fort Smith must get a waiver from the Arkansas Historic Commission about the removal of the Flags over Fort Smith display at the Riverfront Park twice. The latest ruling was issued Jan. 28. Delay ruled Oct. 4 that the city was in violation of Act 1003 of 2021.
City officials could have put that money to much better use, had they not instead chosen to embark upon a campaign to erase our history for the sake of Political Correctness.