In keeping with tradition, the city of Eureka Springs chose to take a stand against bigotry at its Jan. 23 meeting with Mayor Butch Berry and City Attorney Forrest Jacobi being asked to write a resolution denouncing Arkansas State Bill 43 that classifies drag performance as “adult-oriented business.”
Six Public Comments all implored the city to take denounce the bill with one resident quoting a portion of First They Came by Martin Niemoller and Alderman David Avanzino quoted the entire poem in discussion.
First they came for the Communists
And I did not speak out
Because I was not a Communist
Then they came for the Socialists
And I did not speak out
Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist
Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me
Avanzino said SB43 targets those who do not fit the antiquated gender binary, businesses, the arts, and others. He referenced the city having drag performances in Basin Park for Diversity Weekend, having showings of Rocky Horror Picture Show in the Aud at Halloween and asked how the city could call itself “diverse” if the city remains quiet on the matter. As of the writing of this story SB43 passed first and second reading as engrossed, being prepared to be voted for final passage in the State Senate the next day, Jan. 24.
Avanzino said the bill had nothing to do with protecting children and was meant to eradicate protected rights, rights he said he had fought for in two wars and soldiers under his command had died for.
Every alderman, Jacobi and Berry all voiced support in standing against SB43 if it passes. Alderman Steve Holifield asked if the city could inform the police department that they would not enforce the bill and Jacobi said they should. While the state could send in state troopers to enforce SB43 creating conflict, “I don’t care,” was Jacobi’s response to his own hypothetical scenario.
Avanzino made the motion to have Berry draft a resolution stating the city’s “gross disapproval” of SB43 and to notify Governor Huckabee Sanders. The motion passed unanimously eliciting a round of applause from those in attendance.
Avanzino made another motion to have Jacobi seek assistance from those versed in constitutional law to create ordinances regarding SB43 so the city could stop its enforcement. Jacobi suggested that the city will need to wait for the state to make its first move and the city would have the resources to challenge them. Avanzino said his want to include the motion, “It’s because I’m angry” and explained that he fears his husband, who is a trans-male, could be given jailtime for singing karaoke.
The motion was withdrawn after discussion and Jacobi voiced surety that other cities would be challenging the state. He also said “I guarantee this will be discussed” among city attorneys around the state.
Discussion of B&Bs deferred
Several public comments also requested the city not put in a B&B moratorium which was added to New Business at the start of the meeting. Citizens requested that council defer the subject until more members of the public could be notified. It was mentioned several times that the item had not been properly published for the public to know it was being discussed. Residents and owners of B&Bs said they saw little to no evidence of a problem with the number of B&B lodgings being put into the city and that the rules already in place were sufficient to keeping their number from climbing
Alderman Terry McClung agreed saying that the current ordinances are effective and give plenty of protections for residentially zoned areas. Alderman Melissa Greene explained that the current laws were being abused with properties labeled as B&Bs not having a resident living in the lodging, a requirement of licensure as a B&B. McClung argued that abuse of the law was not fault of the law but of enforcement.
Alderman Steve Holifield said that he did not know about the moratorium being on the table until it was added and thus could not give input. He motioned to defer the discussion with Avanzino seconding.
Chair of Planning, Susan Harman, said told aldermrn that the request to include it on the agenda but it had been overlooked. She explained that the moratorium would only be for six months and would give Planning opportunity to review the rules on B&Bs. The motion to defer carried 5-1 with alderman Harry Meyer voting No.
Other Items
- 2332 creating a parking district on Upper Spring Street passed 4-2 with McClung and Avanzino voting no.
- Resolution 831 for the city to adopt a 2023 budget passed unanimously.
- Resolution 832 to allow the city to use state funds for road resurfacing and engineering passed unanimously.
- A motion to restrict cell phone use at council table except for research purposes failed 5-1 with Greene being the single Yes. Alderman voiced feeling like members were professional enough to avoid secretly messaging others while at the table.