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  • Writer's pictureDennis McCaslin

City once again sees legal challenge for failing to comply with Arkansas Freedom of Information Act

For the second time in as many days, Fort Smith attorney Joey McCutchen has filed in Sebastian County Circuit Court against the City of Fort Smith for failing to turn over public records pursuant to the Arkansas Freedom of Information Act. (FOIA)

The lawsuit stems from a FOIA Request sent by McCutchen to City Administrator Carl Geffken, Deputy City Administrator Jeff Dingman, and City Attorney Jerry Canfield, seeking all emails sent or received by the Fort Smith "Board of Director Email Group" from May 1, 2020 to present.

The entire text of the complaint and lawsuit can be accessed by clicking on this link:

Download PDF • 1.47MB

This lawsuit is filed on the heels of another lawsuit filed Thursday by McCutchen against the City for unlawfully removing a historical flag display and markers from Riverfront Park in Fort Smith.

“The City thumbed its nose at our request for the contents of this email group,: said McCutchen. "As citizens, we need to ensure that our City is not discussing public business and making decisions without giving notice to the public as it did by non-transparently removing flags from Riverfront Park."

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