At Monday’s Eureka Springs city council meeting, alderman Kristi Kendrick asked City Attorney Tim Weaver if permit holders for a special event, such as the Jesus parade, have to comply with Ord. 2223, the non-discrimination ordinance. Her point was that organizers of the event refused to allow certain churches to participate because of their anti-discrimination stance.
Weaver said he had a partial answer only. He said the ordinance has exceptions within it, and there is no clear-cut answer as to whether it would apply to a parade. He said it might depend on how the permit is applied for.
Mayor Butch Berry said there have been differing opinions at the state level, so the city is not sure what the state position is.
Alderman Terry McClung saw the city finding itself in a catch-22 if it restricted a group from expressing its free speech right to discriminate, and alderman David Mitchell advised council to leave it up to the city attorney. He added, however, it bothered him that the town that wants to be known as a diverse community that doesn’t discriminate finds itself allowing a group to discriminate on the basis of religion.
Weaver warned about trying to regulate content of a parade, and gave as an example the Mazda Miata parade not allowing other kinds of vehicles.
Kendrick responded she was not trying to regulate content, she was concerned about discrimination against religious beliefs. The ordinance lists the classes against which there can be no discrimination, and religion is on the list.
Alderman Mickey Schneider said the big problem is some folks are willing to fight against discrimination of gays and lesbians but they will argue just as vehemently against motorcycles in town, which she sees as another form of discrimination. Alderman Peg Adamson responded that those who organize a religious parade but will not allow certain churches to participate are just showing who they really are, and she did not agree with the connection Schneider tried to make about motorcycles.
“It’s discrimination,” Schneider insisted.
Adamson added that parade participants have the right to free speech in their parade, but folks don’t have to watch it.
Mitchell maintained the city should not get in the business of legislating morality or content. People who believe in diversity can stand on the sidewalk and protest if they want to, and that would be more effective than getting the city involved.
McClung did not like the protest idea. He insisted everyone has a right to an opinion, and furthermore he did not like all the negatives connected to the discussion.
Berry stated his opinion was the city should stay out of it. He said people could see the irony for themselves without the city doing anything.
Public comment
Former alderman James DeVito told council Eureka Springs has been one of the most progressive communities in Arkansas and probably the mid-South until two weeks ago when council failed to pass a No Smoking ordinance for city parks. He mentioned a long list of noteworthy accomplishments – Ordinance 2223, being a Tree City USA and a Bee City and others – in which Eureka Springs was a leader, but somehow council let the No Smoking ordinance get away from them.
DeVito stated one of the four aldermen who voted against the ordinance could bring it back to the table if action were taken at that meeting. He said citizens were upset about the result, and Parks should be a refuge where people have access to clean air.
He observed council got sidetracked by the marijuana issue, but said marijuana is covered by state law. Eureka Springs is being left behind by Harrison, Green Forest and Huntsville, which have approved No Smoking laws for their city parks. He pointed out police have no authority to enforce the No Smoking in Basin Park policy passed by the Parks Commission.
DeVito urged council not to worry about passing the perfect ordinance, but get something passed and amend it later if necessary.
Other items
- Council approved Resolution 710, which authorizes the Chief of Eureka Springs Police Department to apply for and, if awarded, accept a grant from the Arkansas State Police Selective Traffic Enforcement Program in the amount of $20,000. The funds will be used “to identify highway safety issues in order to reduce crashes, fatalities and injuries.”
- As she does every quarter, City Clerk/Treasurer Ann Armstrong presented financial documents for the first quarter. She told aldermen, “You’re welcome to come look at them.”
- Thomas announced the Cemetery Commission would have a Memorial Day Cemetery Walkabout on May 29 from 12 – 3 p.m. There will be a one-mile wheelchair accessible walk around the property that will pass by different stations related to Memorial Day and honoring fallen heroes. Lemonade and cookies will be available, as well as activities for children.
Next meeting will be Monday, May 22 at 6 p.m. Prior to the meeting there will be a budget workshop starting at 5:15 p.m.
Just curious, but if a parade was designated as a Mazda Miata parade, why would someone want to display a different vehicle? Non-sensicle to me, but maybe a tad too ligical for some Eurekans.