CAPC legal rubble continues

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In a hearing on June 25 in the Eastern District Courthouse, Circuit Judge Scott Jackson refused to grant a petition to remove three commissioners from the City Advertising and Promotion Commission.

Tim Parker, the attorney representing a number of plaintiffs in the case Tracy Johnson et al. v. Carol Wright et al., spoke with the Independent by phone Tuesday morning. Parker said he was disappointed with the judge’s decision and he reiterated some of his claims in the interview. Parker said former CAPC Chair and current commissioner Carol Wright does not meet residency requirements, and he said Arkansas Supreme Court rulings have covered that situation.

Parker also said that two aldermen serving on the CAPC cannot serve in that capacity, and cited opinions of the Arkansas Attorney General to support his contention. Eureka Springs has operated with two aldermen on the CAPC for decades, but Parker said, “Just because they’ve been doing it wrong for so long” does not make the situation legal.

Jackson left open the possibility that he would rule on the plaintiffs’ questions at a later date.