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Lawsuit filed to get ‘historic’ flags back at Riverfront Park

A lawsuit has been filed over the removal of the historical flag display in the Riverfront Park.

FORT SMITH, Ark. — Fort Smith attorney Joey McCutchen filed suit Thursday (June 3) in Sebastian County Circuit Court seeking a declaratory judgment that the City of Fort Smith violated the Arkansas State Capitol and Historical Monument Protection Act when it removed the historical flag display and bronze markers from Riverfront Park in Fort Smith.

In October 2001, the city erected seven flags at Riverfront Park, 121 Riverfront Drive, representing the flags flown over Fort Smith since 1699. The flags included: The French Fleur-De-Lis flag; the Spanish Cross of Lorraine flag; the French tricolor flag; the U.S. flag with 15 stars; the U.S. flag with 20 stars; the U.S. flag with 24 stars; and the Confederate States of America flag depicting a circle of seven stars with red and white stripes. Brass markers identifying each flag were on the base of the flag poles. 

In April 2020, the city removed the flags due to age and condition, a letter from Colby Roe of Daily and Woods law firm states. 

“At some point after the flags’ removal, the brass markers were removed. The display has not existed since the removal,” the letter states.

In May, McCutchen requested the city oblige the Arkansas State Capitol and Historical Monument Protection Act (Act 1003 of 2021) and replace the flags that flew at Riverfront Park from October 2001 to April 2020. 

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