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Arkansas' attorney general is asking the state Supreme Court to prevent a city from enforcing an ordinance that bans discrimination based on sexual orientation or gender identity, her office said Friday, months after justices ruled the measure violated a law aimed at banning local protections for LGBT people.

Attorney General Leslie Rutledge filed a notice that she's appealing a Washington County judge's decision last week to deny the state's request for a preliminary injunction against Fayetteville's anti-discrimination ordinance. In February, the state Supreme Court reversed a lower court decision that said the ordinance didn't violate a 2015 Arkansas law prohibiting cities from enacting protections not covered by state law.

Arkansas' civil rights law doesn't cover sexual orientation or gender identity.

Justices in February sent the case back to the lower court and said they couldn't rule on the state law's constitutionality since it wasn't addressed in the lower court. Rutledge and opponents of Fayetteville's ordinance have argued the fight over the law's constitutionality could take months to resolve, so the local ordinance should be blocked in the meantime. A spokesman for Rutledge declined to comment beyond the notice filed Friday.

Fayetteville City Attorney Kit Williams said the state and opponents so far have failed to show how anyone has been harmed by the ordinance remaining on the books.

"They can point to no business that's been denied its wish to discriminate against gays and lesbians, no landlord that has said, 'Oh ... now I can't evict my gay and lesbian tenants.' So there really has been no showing whatsoever of any irreparable harm that's in reality to any Fayetteville citizens or businesses because this ordinance has been in effect," Williams said.

Fayetteville is one of several cities that approved local protections for lesbian, gay, bisexual and transgender people in response to the 2015 state law. In their unanimous ruling in February, justices rejected the argument from Fayetteville and other cities with such ordinances that their measures are legal since protections for LGBT people are covered elsewhere in state law.


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Archived Comments

  • Foghorn
    September 30, 2017 at 10:54 a.m.

    Rutledge is just another disgusting, christofascist tool. Even in the absence of fairness and decency toward those in the LGBTQ community, this is completely anti-business. The only new business AR attracts any longer are fast food restaurants. Sad.

  • TimberTopper
    September 30, 2017 at 11:20 a.m.

    Thanks AG Rutledge! We don't have to worry about that Amazon company moving into Arkansas. You just put the nail in the coffin for it and other big corporations moving here.

  • mloydcaingmailcom
    September 30, 2017 at 11:24 a.m.

    If Arkansas were a country it would be Uganda.

  • Whippersnapper
    October 1, 2017 at 9:26 a.m.

    Hey trulyblind,
    Who is using the force of government to control private individuals and corporations here? Oh yeah, the homofascists. One side wants private individuals to be allowed to do what they want on their own property, and the other is the city of Fayetteville.
    All the uninformed ranting here is humorous, when we just saw the announcement of major economic expansion in northwest Arkansas (though not in homofascist Fayetteville).