Man refusing to wear mask at Fayetteville City Council meeting arrested

FAYETTEVILLE -- Police took a man away in handcuffs after he refused to wear a mask during a City Council meeting Tuesday.

James William Smith, 40, of Prairie Grove was arrested in connection with criminal trespassing, according to Police Chief Mike Reynolds. Smith also received a citation for violating the city's mask ordinance.

Smith, wearing scrubs, sat in the front row in the chamber of City Hall with a handful of others without masks, including children. About 6 p.m., City Clerk Kara Paxton said she was going to leave the room out of concern for her young children at home.

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Most of the council members were tuned into the meeting via Zoom. Council Member Sloan Scroggin then asked if there were people in the chamber without a mask, and Council Member Matthew Petty asked why the mandate was not being enforced.

City Hall, and other public buildings in the city, has a mask mandate in place. Reynolds informed the group about the mandate before the meeting started.

Jordan asked the group if they had a medical condition that would exempt them from the mandate. Smith said they had a condition causing suffering from unacceptably high levels of carbon dioxide while wearing a mask. Jordan then asked the group to leave.

Smith said he wouldn't leave unless officers enforced the mask mandate, and he asked for a ticket or to be arrested. Reynolds said Smith would be arrested in connection with criminal trespassing for refusing to leave after Jordan asked.

"This is what we've come to," Smith said while being handcuffed. Others sitting in the same row and a few others in the room left willingly.

The City Council had an item on Tuesday's agenda to ask Jordan to require city employees get a weekly covid test or provide a voluntary vaccine card to opt out.

The council passed the resolution 6-2 but softened the language. The measure asked Jordan to "explore" a policy in which city employees would be subjected to weekly covid tests or could voluntarily provide a vaccine card to opt out of testing.

Jordan said he would discuss the policy with the city's Human Resources staff and the city's Board of Health, which meets today. It would ultimately be Jordan's decision to adopt such a policy.

"The mayor is in charge of staff, and that's state law," Jordan said. "I want you all to be comfortable, but at the end of the day, I make the call here. I'm going to make the decision because that's state law. I will get plenty of input."

Council members Scroggin and Holly Hertzberg voted against the resolution. Scroggin said he had concerns over the logistics of implementing the policy. Hertzberg made a motion to have the city administration poll employees about the policy, but the amendment didn't get a second from another council member.

Six members of the public in the chamber spoke on the item, most in opposition or raising concern over potential consequences. None identified themselves as a city employee. One city employee relayed questions from staff to the council via Zoom.

In other business, the council unanimously approved code changes enabling parking staff to upgrade meters near the square. Coin-operated meters will be replaced with smart meters that allow payment by coin, credit card or contactless methods. On-street parking will increase from 25 cents to 50 cents an hour. The cost to park at city-owned lots near the square will increase from 15 cents an hour to 25 cents an hour. Parking at the square itself will remain free.

Additionally, the council voted 7-1 to expand the boundary of the city's outdoor refreshment area. The district enabling open consumption of alcohol will expand west to the Fay Jones woods of the planned arts corridor, as well as south to include the South Yard mixed-use development in progress. The measure also lifts the April 2024 expiration date on the district.

Council Member Teresa Turk voted no, saying she supported the outdoor refreshment area but had concerns over lifting the expiration date. The city hasn't had a chance yet to test the program under post-pandemic conditions, and the arts corridor and South Yard projects aren't finished, she said.