FORT SMITH -- The Sebastian County Circuit Court determined the city violated state law after removing a historical flag display and bronze markers from Riverfront Park in April 2020.
Circuit Judge Gunner DeLay filed an order Monday stating the court found the city violated the Arkansas State Capitol and Historical Monument Protection Act concerning the Flags Over Fort Smith display. DeLay ordered the city to file a request for a waiver with the Arkansas History Commission by Oct. 14 to determine the disposition of the display.
The order also prohibited the city from "destroying, selling, transferring, conveying, moving, or otherwise disposing of" any part of the display until the commission makes its decision and ordered the city to comply with the ruling no later than 10 days after it's issued.
Attorney Joey McCutchen filed a lawsuit June 3 on the grounds that the city's removal of the display violates the Arkansas State Capitol and Historical Monument Protection Act by not replacing the display or obtaining a waiver within 60 days of relocating, removing and rededicating it. The law took effect April 29.
The flags that flew as part of the display were erected in 2001 to represent the flags that have flown over the city since 1699. These include the French Fleur-Di-Lis flag, the Spanish Cross of Lorraine flag, the French Tri-Color Flag, the U.S. 15-Star Flag, the U.S. 20-Star Flag, the U.S. 24-Star Flag and the Confederate States of America Flag.
A June 2020 email exchange between City Administrator Carl Geffken, Deputy City Administrator Jeff Dingman and Parks Director Doug Reinert indicated the flags were initially removed because they were tattered and needed to be replaced. Dingman advocated for leaving three flagpoles for the United States, Arkansas and Fort Smith flags and sending the other flags and interpretation plaque to the Fort Smith Museum of History.
Geffken stated in a Sept. 4, 2020, email that he and other officials discussed changing the flags flown at the park after the death of George Floyd in May 2020. He also said his decision to remove the flags would maintain "a piece of history from potential harm."
DeLay's order states the court found the display -- despite not being on display -- is a "historical monument" as defined by state law and still exists. It also found the city hadn't requested a waiver from the commission to determine the disposition of the display as the law requires and had no intention of doing so.
The city's "continued refusal" was determined to be in violation of the monument protection act.