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City of Fort Smith loses flag display ruling on ‘historical monument’ provision

The violation stems from the city's removal of the Flags over Fort Smith over Fort Smith display from the city’ downtown Riverfront Park.

ARKANSAS, USA — Circuit Judge Gunner Delay ruled Monday (Oct. 4) that the city of Fort Smith is in violation of the Arkansas State Capitol and Historical Monument Protection Act because of its removal of the Flags over Fort Smith display from the city’ downtown Riverfront Park.

In his order, filed at 4 p.m. Monday, Delay said the Flags over Fort Smith display is a “historical monument” and even though not on display is still in existence. Because it is a “historical monument,” the city is required to request a waiver from the Arkansas History Commission to determine the disposition of the display, according to the historic monument act. Delay stated in his order that the city has not made a request for a waiver from the Arkansas History Commission and has no intention of requesting such a waiver.

“(I)t’s continued refusal to do so is in violation of the Arkansas State Capitol and Historical Monument Protection Act,” the order states.

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