McCutchen files lawsuit against Fort Smith for "illegal removal" of historical flags downtown
Fort Smith attorney Joey McCutchen filed suit today in Sebastian County Circuit Court seeking a declaratory judgment that the City of Fort Smith 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.
McCutchen is asking for an order compelling the City to immediately replace the flags and markers and enjoin future violations of the act.
“The removal of the historical flag display and bronze markers identifying each flag was done without transparency or input from Fort Smith citizens. Fort Smith history is important and must be protected and preserved," McCutchen said.
“The City has made it abundantly clear that they are not going to replace the historic flags and bronze markers and are not going to voluntarily comply with The Arkansas Capitol and Historic Monument Protection Act.” In response to the City’s recent proposal to replace the historic monument with a U.S. Military Flag display, McCutchen stated, “While we commend them on their idea to honor our veterans and troops by raising U.S. Military Flags, they cannot do so by unlawfully displacing another historical flag display.”