Another Important Lawsuit Filed Against the City of Ft. Smith

On Friday, November 22, 2024, trial lawyers Joey McCutchen and Stephen Napurano filed suit against the City of Fort Smith for repeated violations of Article 12, Section 4 of our Arkansas Constitution.

McCutchen posted on Facebook, 

“Bottom line, a city cannot donate money to its favorite pet private individual or corporation, irrespective of how noble the mayor or city administrator might believe the cause to be. This spending constitutes an illegal exaction under Article 16, Section 13.”

If our Mayor and City Administrator want to be philanthropists, then they can use their own money, not OPM (other people’s money).”

Well said!  We are glad to see this lawsuit filed, as our government is accountable to maintain its affairs with justice and with righteousness.

See the Press Release from Joey below:

Press release

Joey McCutchen

Office: 479-783-0036

Cell: 479-806-4878

Today, trial lawyers Joey McCutchen and Stephen Napurano, representing Jimmie Cavin, filed a lawsuit in Sebastian County Circuit Court against the City of Fort Smith for unlawfully directed taxpayer funds to private organizations and non-profits, including Mercy Hospital Ball, the Fort Smith Round Table Juneteenth Celebration, Steel Horse Rally, Inc., multiple golf sponsorships, Twisted Effects Braid Studio, LLC, and “Begin a New Generation ( BANG)”, in violation of Article 12, Section 5 of the Arkansas Constitution , thereby constituting an illegal exaction under Article 16, Section 1.

A copy of the Complaint is attached.

McCutchen said, “While charitable and private organizations serve laudable, important roles in communities, it is not role of role of government to decide which private organizations should receive taxpayer money. Taxpayers should have the freedom to decide for themselves whether to support certain charitable organizations rather than having government officials make those decisions on their behalf using taxpayer money. For government to do so is unconstitutional in Arkansas.”

Joey McCutchen

Trial Lawyer

“Protect the 7th Amendment; it’s the one that protects all the rest.”

McCutchen Napurano – The Law Firm
P.O. Box 1971, 1622 North B Street
Fort Smith, AR 72901

Office: (479) 783-0036    Fax: (479) 783-5168

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