Judge rules in favor of McCutchen in case involving illegal removal of flags from Riverfront Park
Judge Gunner Delay entered an Order today against the City of Fort Smith for unlawfully removing the Flags Over Fort Smith display from Riverfront Park in violation of the Arkansas State Capitol and Historical Monument Protection Act.
The Order states that the City had no intention of requesting a waiver from the Arkansas History Commission and "that its continued refusal to do so" is a violation of the Act. Judge Delay further ordered the City to request a waiver from the Arkansas History Commission and comply with the Commission's ruling no later than ten days after it is issued.
McCutchen stated, "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 added, "We look forward to a ruling from the Arkansas History Commission which embraces the importance of our local and state history."