(It took more than 20 years to get the monument protection act through the Arkansas Legislature. Remember, In Arkansas the County Judge isn’t a "real" judge. He’s just an elected manager for the county. There are very few who make rulings like this because they know they are easily un-elected. That’s what my FORMER county judge found out after he made a BS ruling caving to groundless threats from an atheist group over a Revolutionary War flag at our courthouse. That’s also why we have term limits -DD)
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Confederate flag does not have to fly in Fort Smith park again, judge rules
State law does not mandate return of flag to Riverfront Park (Actually it does _DD)
(SW Times Record) Just because the Arkansas History Commission ruled the Confederate flag is historic and a part of a past Fort Smith flag display at Riverfront Park does not mean the flag needs to fly there again, a judge has ruled.
A flag display at Riverfront Park in Fort Smith that was put up in October 2001 and taken down in April 2020 is set to fly flags of the five branches of United States military service. Prior to April 2020, the display was of flags from Spain, France, the United States of America, and the Confederate States of America.
That was the decision from Sebastian County Judge Gunner Delay Tuesday in a hearing over whether the Confederate flag should be returned to the park where a Fort Smith attorney thinks it should be.
Attorney Joey McCutchen previously sued the City of Fort Smith for removing the flag from Riverfront Park.
The flag was taken down in 2020 before the state legislature passed the historic monument act in 2021, Delay said.
Since the flag was removed, and the city has no plans to return it to the park, there is nothing in state law that requires it to be returned to the park, Delay said…Read the rest