Lovely County Citizen Dec. 31, 2015

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VOLUME 16 NUMBER 35

December 31, 2015

top of 2015

n People speak

n Governor signs

n Protests and

Voters overwhelmingly approve Ordinance 2223

Carroll County case helped inspire legislation.

Ballinger’s bill evokes strong emotions

Page 3

Page 4

Page 7

in special election

Laura’s Law

prayers


Page 2 – Lovely County Citizen – December 31, 2015

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The Citizen is published weekly on Thursdays in Eureka Springs, Arkansas by Rust Publishing MOAR L.L.C. Copyright 2015 This paper is printed with soy ink on recycled paper. Subscription rate: $57.50/year MANAGING EDITOR: Scott Loftis ASSOCIATE EDITOR: Alana Cook EDITORIAL STAFF: Samantha Jones DESIGN DIRECTOR: Melody Rust PHOTOGRAPHERS: David Bell, Tavi Ellis ACCOUNT REPRESENTATIVES: Karen Horst, Jim Sexton, Diane Newcomb CLASSIFIEDS/RECEPTIONIST: Cindy Worley CONTRIBUTORS: Beth Bartlett, Jim Fain CIRCULATION: Dwayne Richards Office Hours: Monday–Tuesday 8 a.m.–5 p.m. Wednesday 9 a.m.–1 p.m. Thursday–Friday 9 a.m.–Noon Closed Saturday & Sunday

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was arrested for driving while intoxicated and his passenger was arrested for public intoxication. Dec. 22 5:54 p.m. — An officer made contact with a recreational vehicle that was parked very close to a church. The occupants were advised they needed to find another place to park and given directions to the nearest RV park. 6:25 p.m. — An officer took a report from a male subject who said his ex-girlfriend had kicked in his windshield. Yeah, good call to break up with that one. Dec. 25 10:24 a.m. — A routine traffic stop resulted in the arrest of a subject for driving on a suspended license. Dec. 26 7:06 p.m. — An officer responded to a local restaurant to take a report of a hit and run in the parking lot. Dec. 27 1:42 p.m. — An officer responded to a report of a downed tree on some power lines. The fire department also responded. SWEPCO was requested to shut off power. The tree was cleared and power was restored. 2:11 p.m. — A local motel called requesting an officer to take a report of damage to a room by the guests who stayed there. Upon arrival the officer noted that the guests had returned and would work things out with the owner of the motel. 9:50 p.m. — A complainant advised that he was getting harassing phone calls and wanted to speak with an officer. An officer responded and gathered information.

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December 31, 2015 – Lovely County Citizen – Page

3

The people have spoken Voters approve 2223 in landslide

By Alana Cook Citizen.Editor.Eureka@gmail.com

The citizens of Eureka Springs voted overwhelmingly Tuesday in favor of keeping the city’s anti-discrimination ordinance that protects the rights of LGBTs. Final but unofficial results in Tuesday’s special election were 579 votes (71.5 percent) for Ordinance 2223 and 231 votes (28.5 percent) against keeping the law. The ordinance bans discrimination in employment, housing and public accommodations based on an individual’s race, ethnicity, age, sexual orientation, gender identity and socioeconomic background. Though no one from the Repeal 2223 campaign was present at the Carroll County Eastern District Courthouse in Berryville when the results were announced at about 8:45 p.m. Tuesday, several people from the Keep Eureka Fair campaign turned out to show their support. “It sends a message about who Eureka is and what we stand for,” said Sandy Martin, a former member of the Greater Eureka Springs Chamber of Commerce board of directors. “We are proud of the way we ran the campaign and for all the support we got from the people who stood up and said ‘we aren’t going to take it anymore.’ Eureka is on the right side of history and humanity.” Carroll County Justice of the Peace Lamont Richie, who was integral to crafting the law, sat with Martin while the votes were being tallied and was moved by emotion in the hallway alongside Martin after the results came in. “I’m speechless,” he said. “I’m overwhelmed by the support of the community and thrilled with the results. People worked hard for every penny we raised and we didn’t get any help from outside groups. From the beginning, this is what 75 percent of Eureka wanted.” Richie said he was grateful for the support of the local community as well as the advice Keep Eureka Fair got from the Arkansas chapter of Human Rights Campaign. “As a small group of committed citi-

From left, Ordinance 2223 supporters Bill King, Zeek Taylor, Lamont Richie, John Rankine and James DeVito celebrate after voters upheld the law in a special election.

zens of Eureka Springs, we are very happy that we have received such good advice, counsel and support from so many organizations and people including the Human Rights Campaign Arkansas,” Richie said. “ While 2223 was a totally local ordinance, created by local community members, having the advice and support of so many has been instrumental.” The Eureka Springs City Council approved Ordinance 2223 on three readings and adopted the law with an emergency clause at its Feb. 9 meeting. Mayor Butch Berry signed the ordinance into law the following morning. The measure was aimed at a pre-empting a bill in the state Legislature that prohibits local governments from adopting anti-discrimination laws. That bill was sponsored by state Rep. Bob Ballinger (R-Hindsville), whose district includes Eureka Springs. It was approved by both houses of the state Legislature and will take effect July 22. Although the state law will effectively nullify Eureka Springs’ anti-discrimina-

tion ordinance, supporters of 2223 say it could be the basis for a legal challenge to the state law. Kendra R. Johnson, the state’s HRC director, said in a statement that cities like Eureka Springs are “leading the way” in protections for LGBTs. “We hope that Gov. Asa Hutchinson is taking notice,” Johnson said. “Where leadership has failed Arkansans on the state level, local municipalities like Eureka Springs have taken the initiative to ensure that all their residents are rightfully protected from all forms of discrimination. Right now, keeping up the momentum in other cities is imperative, so that every Arkansans can feel safe in their community.” Randall Christy, CEO of the Great Passion Play and a leader in the effort to repeal the ordinance, said he was disappointed that more citizens of Eureka Springs did not get out to vote. “The vote is in, and it’s clear that the Keep Eureka Fair crowd cared enough to get out and vote and the others didn’t,”

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Christy said in a Facebook message. “Voter apathy is a major problem in the U.S., and if less than half of the registered voters showed up for this important issue, then Eureka Springs citizens are among the very apathetic. Some were very afraid to show up to vote against it for fear of retribution. Some say the vote didn’t matter because the state law trumps this. Some just don’t care enough. Clearly the FOR crowd cared.” Christy said that though he is for “equal treatment under the law for all people,” he is “concerned that the sexual identity and gender orientation, or SOGI laws, being passed in hundreds of U.S. cities are the first ever in the history of our nation that attempt to regulate church hiring practices, the use of church facilities, and provision of services by churches and ministers. “That is the reason I stood against the law and will continue to fight such measures in the U.S. It is unconstitutional for the government to regulate church policies and practices. Regardless, I am here to stay. The Passion Play is here to stay and I love Eureka Springs,” he said. Locals and campaign supporters gathered at the Keep Eureka Fair campaign headquarters on Spring Street to celebrate the victory. Local artist Zeek Taylor held back tears as he expressed his appreciation to everyone who helped in the campaign. “It feels overwhelming to see the amount of love and support from this community. I knew Eureka Springs is accepting and loving but this shows me with my heart,” he said. “Truth, love and acceptance prevailed in Eureka Springs Tuesday. We will go forward as a city recognizing all the people who call Eureka Springs home,” said Alderman James DeVito, who has been a strong supporter of the ordinance.


Page 4 – Lovely County Citizen – December 31, 2015

Laura’s Law: Turning hope into help By Deborah Horn LITTLE ROCK — With a few quick strokes of his pen, Arkansas Gov. Asa Hutchinson signed his name to three pieces of legislation last Wednesday afternoon. Then he turned to two legislators, thanking them for their work on House Bills 1599, 1706 and 1707. He turned to Laura Ponce of Berryville and congratulated her, saying respectfully, “Good can come out of tragic events.” The tragedy he was referring to was the murder of Ponce’s daughter Laura Aceves, 21. She was killed by her ex-boyfriend Victor Acuna-Sanchez, 20, on New Year’s Eve 2012. Both were Carroll County residents. Acuna-Sanchez left Aceves in a pool of blood, with her 4-month-old baby nearby. Acuna-Sanchez pleaded guilty to her death last year and was sentenced to 25 years in prison. HB 1707 was named Laura’s Law in honor of Aceves. “I am honored by this law and through this law,” Ponce said. “I feel that my daughter is no longer invisible and that my daughter will live forever. I feel her death will help so many other domestic abuse victims.” House Bills 1706 and 1707 were introduced by Rep. Bob Ballinger, R-Hindsville, during the 90th Arkansas General Assembly. Rep. Charlotte V. Douglas, R-Alma, introduced HB 1599, which amends the laws concerning the victim information provided by law enforcement in cases of domestic violence and to provide for the creation of Laura’s Card — named for domestic abuse victim Laura Card of Little Rock. It also requires that domestic violence discussion is part of the public school curriculum. Laura’s Law requires law enforcement officers around the state to assess the level of potential lethality when investigating an incident of domestic violence and to provide the assessment to the victim. HB 1706 requires a law enforcement officer to investigate a domestic violence case in a manner that allows it to be prosecuted later even if the victim declines to testify. HB 1706 passed by a House vote of 85-1, and HB 1707 passed unanimously. Ponce feels the April 1 signing was appro-

Laura Ponce, whose daughter Laura Aceves who was killed by her ex-boyfriend Victor Acuna-Sanchez on New Year’s Eve 2012, stands next to Gov. Asa Hutchinson after he signed Laura’s Law to protect domestic violence victims.

priate because April is Sexual Assault Awareness Month. According to the National Network to End Domestic Violence, in addition to violence, victims are often subject to rape or sexual assault by their abuser. Across the country, more than three women a day are murdered by a husband or boyfriend, and one in four women reports experiencing violence at some point in her life. Although it can happen at any age, women ages 20 to 24 are most at risk. And like Ponce’s grandchildren, 15.5 million children live in homes with at least one incidence of violence occurring in the past year. She says this is not acceptable. Ponce, along with Barb Weems-Mourglia and Linda Maiella, both of Eureka Springs, worked to get the bills passed. Ponce said her daughter’s death gave her the strength and courage to pursue the changes in the law. “We wrote letters and asked others to write letters,” Weems-Mourglia said. She said she believed if the law had been in place in 2012, Aceves , who was assaulted and choked by Sanchez a few weeks before her death, might still be alive. “I feel like if these laws had been in place, it might have prevented her death,” Weems-Mourglia said.

These laws, the three women hope, will raise awareness of domestic abuse, and Ponce said they want victims to feel empowered. Maiella said, “I am thankful that Laura is helping women in Arkansas through her death, to have a voice. Laura’s Law is long overdue and a first step to bring women in domestic violence situations the help and hope they deserve.” Hutchinson said, “We can and must do better as a state when it comes to protecting our citizens against domestic violence. These laws are important steps forward in that effort.” Ballinger said he was delighted with the passage. “I hope the bills will have an impact, and I think that it’s going to happen. Law enforcement will follow the state’s lead,” he said. In the future, Ballinger said he believes there will be improvements to the law but for now, he said it’s a good start. Maj. George Frye, chief deputy for the Carroll County Sheriff’s Office, said his department is aware of the domestic abuse within the county, and had implemented a lethality assessment program before legislation was introduced.

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Before his current position, Frye was a police officer in Tulsa for about 28 years. During his time in Tulsa, he said, and the state put a lethality assessment program in place. Frye said the CCSO program demands more of its deputies than the state law. “Our [lethality] assessment for Carroll County is given to the victim and prosecuting attorney.” The law was needed, he said. “Domestic violence is a major issue and as an officer, I saw it on an almost daily basis. It’s greatly underreported,” Frye said. However, women aren’t the only victims of domestic violence. Abused men are even less likely to report the abuse, as are incidents in the gay and lesbian communities, he said. Weems-Mourglia said that as a result of Aceves’ death, she, Ponce and Maiella became keenly aware of the lack of resources for domestic violence victims and founded the Purple Flower Domestic Violence Resource Center. They work with the Carroll County Safety Network, as well as providing victims with educational information, resources and a 24-7 hotline. “We’re trying to change the stigma of shame that victims feel and we want them to know that they’re not alone,” Weems-Mourglia said. In hopes of raising awareness and providing more services for abuse victims in Carroll County, Frye is serving on the Board of Directors of the Carroll County Coalition Against Domestic Abuse (CCCAD). The board had its first meeting earlier this year. Ballinger was instrumental in the formation of the CCCAD. “I’m thoroughly convinced that we’ve put together a great group,” he said. Through his involvement, Frye said, he hopes to counter some of the long-term problems of abuse, such as “girls grow up thinking that it’s normal to be abused and boys think it’s OK to be abusers.” Supporters of Laura’s Law believe it is a first step to ending domestic violence in Arkansas. “It’s good that the law is now mandated,” Frye said.


December 31, 2015 – Lovely County Citizen – Page

Bishop out as ES Chamber leader By Scott Loftis

CarrollCountyNews@cox-internet.com

Mike Bishop was terminated as president and chief executive officer of the Greater Eureka Springs Chamber of Commerce on Monday, and sources confirmed that the firing was related to last week’s release of a Chamber position statement regarding the city’s new anti-discrimination law. In addition to Bishop’s dismissal, Toni Rose resigned as the Chamber’s director of operations on Monday. Allen Huffman resigned as chairman of the Chamber’s board of directors last week and Sandy Martin also resigned from the board last week. Cathy Handley is the board’s new chairman, according to Kent Butler, who said he is now vice chairman of the board. Contacted Monday afternoon, Handley referred a call for comment to Butler, who confirmed the changes. Asked about Bishop, Butler said: “He’s no longer employed. We are taking applications. I’m not going to say anything else.” Rose said the firing came in response to the position statement on Eureka Springs Ordinance 2223, which prohibits businesses from discriminating against individuals based on their sexual orientation or gender identification. The Chamber’s position statement expressed several concerns about the ordinance. The position statement was initially released to the Citizen on Feb. 20. It was described in an email from Rose to Citizen Associate Editor Alana Cook as “our public statement.” Rose said Tuesday that the Chamber’s executive committee, which at the time included Huffman, Handley, Butler, Rusty Windle, Wade Williams and Scott Smith, discussed the situation at a meeting on Feb. 12. She said Bishop opened the discussion by telling the committee he had received inquiries from the media regarding Ordinance 2223 and wanted to know how to respond. According to Rose, the committee “ap-

proved all of the talking points that went into the position statement.” After receiving the statement from Rose, Cook shared it with Lamont Richie, president of the Eureka Springs Gay Business Guild, so that he could comment for a news story. Richie then posted the statement online. Cook also shared the initial draft of her news story with Rose on Feb. 22. Later that day, Rose emailed an updated version of the position statement to Cook, explaining that there was a change in the opening statement “and slightly in the body.” Cook quoted from the updated position statement in a story that appeared in the Feb. 26 issue of the Citizen. On Tuesday, Rose said that the updated position statement was issued after Bishop discussed the issue with Huffman. She said the Chamber board cited the release of the position statement to the Citizen as the basis for Bishop’s dismissal. “The board fired Mike because they said he was insubordinate in releasing the position paper to the Citizen,” Rose said. Rose said she was designated to take notes during the Feb. 12 meeting of the executive committee when the talking points of the position paper were discussed. “Allen Huffman and the executive committee approved the talking points,” she said. “At no time did they tell him (Bishop) not to send that statement to the press.” Rose said she resigned after Bishop was fired. “They fired him on a lie,” she said. Asked if her resignation was a matter of principle, Rose replied: “If you don’t have any honor or principle, then what’s the point?” According to the Chamber’s website, the remaining board members in addition to those who serve on the executive committee are Rod McGuire, Fatima Treuer, Lynn Worley, Lisa McMahon, Steve Womack and Scott Smith. None of the board members other than Handley or

Butler could be reached for comment Monday. Neither Huffman nor Martin returned telephone messages. Rumors began circulating late last week that Bishop had been terminated. He was at work Monday morning at the Chamber office, but indicated that the board was meeting at the time and his status could change by the afternoon. Rose said that Handley, Butler and McMahon were the board members who came to the Chamber office to notify Bishop of his termination. She said that Bishop was told the board vote was unanimous, although it is unclear if all board members were present for the vote. Ordinance 2223 was adopted by the Eureka Springs City Council after three readings at its Feb. 9 meeting and signed into law the next day by Mayor Butch Berry. Last week, the council voted to hold a special election on May 12 and allow the city’s voters to decide whether to keep the ordinance or remove it from city code. The Chamber position statement says that the chamber is concerned that the city council did not exercise due process when it passed the ordinance, and that the law could make businesses vulnerable to lawsuits and make it difficult to do business in the city. Bishop became the Chamber’s interim director in February 2011 and held that position for eight months before he was appointed as president and CEO in October 2011. Bishop has worked as an entertainer and business owner in Eureka Springs since 2001. He and his wife, Dale, had operated the Pine Mountain Theater and performed in the nightly production for several years before announcing in November that the show would not return in 2015.

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Page 6 – Lovely County Citizen – December 31, 2015

Free at last

Madison County women exchange vows after Supreme Court ruling By Alana Cook

Citizen.Editor.Eureka@gmail.com

Paula Mariedaughter and Jenne Neath waited 30 years for this day. Just a few hours after Friday’s landmark U.S. Supreme Court ruling that same-sex couples could marry nationwide, Mariedaughter and Neath made the trek from their home in Madison County to Eureka Springs’ Western District Courthouse to make it official. When the couple received their marriage license, Mariedaughter breathed a sigh of relief and smiled. “It’s one more step towards changing the world for the better.” The couple told a lobby crowded with reporters that they married for financial reasons; their love has always been strong, with or without the state’s recognition. As news crews vied for the coveted first comment from the newly married couple, Eureka Springs artist Zeek Taylor stood in the lobby with arms wide open. Taylor and his longtime partner, Dick Titus, became the first male couple married in Arkansas and the South in the same spot a little more than a year ago during a short window when samesex marriages were legal after Pulaski County Circuit Judge Chris Piazza ruled that the state’s ban on same-sex marriages was unconstitutional. Mariedaughter said she and Neath chose Eureka Springs to get their license because of the “warm and welcoming” reception they got from Carroll County Clerk Jamie Correia when they called Friday morning to inquire about the process. “A neighbor called us and told us about the Supreme Court decision. I called Washington County in Fayetteville to see if they were issuing marriage licenses. It didn’t feel like it was going to be a friendly place to be,” Mariedaughter said. “Then I called Carroll County and the clerk was warm and welcoming and it felt like it was a much safer bet to go there. She was as friendly and warm as anyone could want.” Three same-sex marriage licenses were issued Friday in Eureka Springs, followed by two on Saturday and two more Monday afternoon. Correia said Tuesday afternoon that no same-sex marriage licenses had been issued in Berryville. Correia said the license forms have been changed to say “Spouse 1” and “Spouse 2” rather than “Husband” and “Wife” for all applicants. Because of a thunderstorm, the newlyweds Mariedaughter and Neath changed their plans to go kayaking after their visit to the courthouse. Instead, they dined for the first time at Farm to Table Fresh. “They offered us champagne and the waiter offered to pay for half our bill. The owner sent us home with a slice of Swedish wedding cake. It was everything we expected

NEWS Story

Photo by Alana Cook

Paula Mariedaughter and Jenne Neath were among the first same-sex couples to get their marriage licenses at the Western District County Courthouse in Eureka Springs last Friday afternoon, just a few hours after the U.S. Supreme Court’s landmark decision that legalized same-sex marriage in all 50 states. Zeek Taylor, who married his longtime partner Dick Titus last year in the same spot, greeted couples in the hallway with warm hugs and celebratory words as local television news crews interviewed the newlyweds. “The Daily Show” visited Eureka Springs just a few days before and interviewed Taylor and local business owner Jayme Brandt.

from Eureka,” Mariedaughter said as she smiled through the phone. Mariedaughter, an avid quilter, and Neath, who has taught at the universities of Kansas and Arkansas, met in the early 1980s when Neath was teaching a class at the University of Kansas about the reality of living as a lesbian. The common thread of lesbian activism forged their bond and their love matured after Mariedaughter learned she had advanced

breast cancer in 1988 while the two were building their 800 square-foot home in Madison County. “Having a partner like Jeanie in that situation was totally invaluable. I don’t know if I would have survived it without her support, love and concern,” Mariedaughter said. Through the phone, her voice shook as she held back emotion. Mariedaughter is no stranger to tough battles and blazing trails. While working as a flight attendant for TWA in 1969, she helped organize the first flight attendants’ strike. “I worked in a job where people treated us as sex objects. Then the whole women’s lib thing was happening. I kind of jumped in and realized that even though I had been involved with men previously, I wanted to be involved with women. They were excited about what I was excited about,” she said while recounting stories of fighting for women’s rights in the workplace. There were no laws to protect women from sexual harassment; the bonds of sisterhood were strong enough. Mariedaughter recalled one instance where a pilot removed her from a flight for refusing to put on lipstick. As a condition of employment, the airline required she wear lipstick. Though Mariedaughter wore makeup for several years before, it was the choice that mattered. “The bottom line is that [women] didn’t think they were better than me; we were equals. In 1979 I came out and have been with women ever since. It’s the best decision ever,” she said. “I’m not one of those who thinks you are born that way. I have definitely chosen women as my people.” Mariedaughter forged strong relationships with fellow lesbian activists during her 16 years as a flight attendant. She recalls the fun times she had with her sister activists, whom she lovingly calls “dykes” with the sound of serenity in her voice. “I was surrounded by an incredible community and it felt so right. It was almost euphoric. “People fall in love with who they hang out with and who they admire and who they are excited about,” she said. The bond between Mariedaughter and her wife remains strong, woven tight with the common thread of activism. The couple is involved in an ecofeminist group Neath started at the OMNI Center for Peace Justice and Ecology in Fayetteville and are considering having a wedding ceremony at Pine Mountain Lodge and Resort in Eureka Springs. They will celebrate 31 years together Nov. 13. The couple said they are happy about their new union but it’s the first victory in a long battle for equal rights. “We still have more to do,” Mariedaughter told the crowd of reporters in the courthouse lobby when a 20-something camera girl asked her, “What next?”


December 31, 2015 – Lovely County Citizen – Page

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Ballinger’s Religious Freedom bill sparks protests, prayers in Little Rock

Controversy continues in Eureka Springs as LGBTs are banned from Jesus parade By Deborah Horn As 12-year-old Mia Sims joined a growing crowd for a prayer vigil in downtown Little Rock on Monday evening, the message she hoped to convey to Arkansas Gov. Asa Hutchinson was simple, “Veto House Bill 1228.” About 200 people gathered outside the Governor’s Mansion at the corner of West 18th and Center streets, while earlier in the day about 300 gathered at the Arkansas State Capitol, also in protest of the bill. Young Mia, of Little Rock, reflected many protestors’ concerns, saying she worries that the bill sponsored by state Rep. Bob Ballinger “isn’t fair to certain people … We’re all equal.” Ballinger, R-Hindsville, said he was surprised by the protests. Still, he said, “I applaud those individuals for paying attention and getting involved in the legislative process.” However, he says they are misinformed and the bill, the Religious Freedom Restoration Act, isn’t directed at any group, including the lesbian, gay, bisexual and transgender (LGBT) communities. At home in Eureka Springs, the unintentional epicenter of this growing controversy, Eureka Springs Alderman James Devito said about the Little Rock protests, “I wish I had been there.” It was an eventful day at the Capitol. Ballinger reported that one legislator was spat on, and when asked by a fellow representative if the bill would foster discrimination, Ballinger said, “No.” At that point, the Arkansas Times reported Ballinger was booed by the protesters. In contrast, the Monday evening vigil led by clergy of various faiths was low-key. In Eureka Springs, Celebrate Jesus parade organizers refused to allow members of the Methodist Reconciling Ministry group, which includes members of the LGBT community, to participate in Saturday’s parade, which coincidentally occurs on Spring Diversity Weekend.

“I suspect that our Reconciling Ministry group, because of its advocacy of the principles of the Reconciling Ministry Network, was uninvited because we were conspicuous in our support for the LGBT community,” said Lamont Richie, who is also president of the Eureka Springs Gay Business Guild. “The organizers were told that we would not be political, no signs, cheers or literature, regarding the local non-discrimination ordinance subject to a referendum vote in May.” “[The] parade has always been praising Jesus and giving good news to the believers and they [LBGTs] have their own agenda. We as Christians don’t have that. We want the Lord to be glorified,” said Laura Nichols, parade organizer. Eureka Springs Mayor Butch Berry said, “It appears to me that there’s a lot of hypocrisy in some organized religions, and now we have churches discriminating against other churches. In my opinion we should practice the Golden Rule and love one another, and recognize that all people have rights.” It’s not that simple “It’s an extremely complicated issue. It’s emotional and it’s dealing with basic human rights,” Ballinger said about his bill. Countering Ballinger’s assertion, DeVito said he “doesn’t believe there have been any

[recent] assaults on religious freedoms.” DeVito said he feels Arkansans’ civil rights are taking a back seat to religious rights, and in February, he supported Eureka Springs’ Ordinance 2223, which prohibits businesses from discriminating against LGBTs and other minorities. Richie, who was integral in the crafting of the ordinance, said that “since Arkansas does not extend civil rights protections to the LGBT community, it is obvious that it will be the primary target under HB1228.” He went on to say that federal and state civil rights laws would trump any attempts to use HB 1228 to discriminate on the basis of race or skin color or ethnic background, but LGBTs have no such protections against discriminatory practices in Arkansas. Ballinger agreed, saying legislation would have to be passed at the state level to give the LGBT community “protected status.” Then it comes down to the religious rights of one person versus the civil rights of another, he said. On Monday, Ballinger declined to add a non-discrimination amendment to his bill when Rep. David Whitaker, D-Fayetteville, asked him about the possibility. Ballinger said he does not believe the law is a lawsuit waiting to happen; instead, he said confusion exists because this bill was

NEWS Story

introduced on the heels of Senate Bill 202, which bars local governments from passing ordinances prohibiting sexual orientation or gender identity discrimination. Ordinance 2223 was unanimously passed with an emergency clause by the Eureka Springs City Council in February as a counter measure to SB 202. Pastor Philip Wilson of First Christian Church in Eureka Springs, who is leading the Repeal 2223 campaign, discussed his opposition to the ordinance, “One problem is that it was passed illegally and it gives gay and lesbians more rights and takes away rights from heterosexuals.” There will be a special election May 12 to decide whether Ordinance 2223 remains on the books or is tossed aside. Nichols has lived in Eureka Springs for 47 years. She said that until recently, there was no division in the city and various groups weren’t pushing buttons. “I have no hard feelings but what has happened with Eureka is very sad,” she said. Berry said the city is just one of many communities across the country dealing with similar issues. “I haven’t heard that much from the people [from his district] who are against the bill,” Ballinger said. During a news conference just before press time Wednesday, Hutchinson said he would like to see the bill amended and would not sign it in its current form.

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Page 8 – Lovely County Citizen – December 31, 2015

Repeal 2223 releases campaign video with pastor convicted of serial rape By Alana Cook

Citizen.Editor.Eureka@gmail.com

The group working to repeal Eureka Springs’ anti-discrimination ordinance released its first campaign video Sunday. The ordinance, which was approved by the Eureka Springs City Council on Feb. 9 and signed into law the next morning by Mayor Butch Berry, will be the subject of a May 12 special election after the council voted later to let voters decide whether to keep the law in place or repeal it. The video features local pastor Acra Turner, who was released from prison in August 2000 after pleading guilty in 1977 to three counts of first-degree rape. The video, which was released on the Repeal 2223 website Sunday night, also features Mike Bishop, former president and chief executive officer of the Greater Eureka Springs Chamber of Commerce, and state Rep. Bob Ballinger, R-Hindsville, speaking against the law.

Turner, a model prisoner who was president of the prison’s inmate council, organized a prison choir and participated in fundraisers to benefit abused children while he was incarcerated, was sentenced to three concurrent prison terms of 30 to 90 years for beating and raping three women -- one of whom was 80 -- according to a June 1992 article by the Oklahoman. Bishop told the Citizen that he became aware of Turner’s past about a year and a half after he hired Turner to work at Pine Mountain Theater several years ago but that Turner was already involved in the community and has “repaid his debt to society.” “We were well into a year or two of him working at Pine Mountain and I found out accidentally,” Bishop said. “From a Christian standpoint, we are based on forgiveness and repentance and he’s been an exemplary

member of this community for a long time.” Bishop said Turner, who is a pastor at a local church, only spoke out against the law because “it’s a bad ordinance.” The Repeal 2223 video was launched as a counter-measure to the popular Keep Eureka Fair campaign, which has focused on using the arts to promote a positive message in support of LGBT rights and keeping the law. “We questioned why there needs to be an ordinance like that,” Bishop says in the video. “We’ve proven time and again how welcoming and open our community is. It was a bad ordinance that was passed in a way that was not favorable to many of the residents.” “No one has to sit on the back of the bus. It’s not a human rights issue, it’s a human behavior issue with the due process of the law and no way to appeal and the person that we

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do appeal to is also the judge and jury, which is the mayor. Nothing against the gays. I love them but as far as the law itself, I don’t feel like that’s a very good law, especially with no due process,” Acra says in the video. The Keep Eureka Fair campaign declined to comment, but Jayme Brandt, a strong supporter for Keep Eureka Fair and owner of Twice Born, a Christian custom apparel shop, agrees with Bishop. “Every Christian has a past. We cannot change and be remade. I am living proof,” he said. “Acra is a forgiven man and deserves to be treated with grace. If you are voting for 2223, remember to show respect, grace and love in all things. The heart of this law is to protect people from being mistreated by others that think their actions are evil.” Brandt addressed Turner directly in a message on social media. “Acra, I love you brother. Even though we disagree on this law, we are brothers.”

Parks commission fires longtime director By Alana Cook

Citizen.Editor.Eureka@gmail.com

After serving as Eureka Springs’ Parks and Recreation director for 12 years, Bruce Levine was fired early this week without explanation. Parks commission members called a special meeting Tuesday morning and went into executive session to discuss Levine. In a phone interview Thursday, Levine told the Citizen that the decision took him by surprise. “I was fired and do not know why,”

Levine said. “It was good run. So soon after something like this, it’s usually best to say very little. It is all very fresh.” Commission chairperson Bill Featherstone in a statement to the Citizen late Friday afternoon said that the commission decided in Tuesday’s special meeting that it “no longer required the services of its director and thus terminated the employ-

ment of Bruce Levine.” Featherstone in the statement went on to thank Levine for his “many years of service with the commission.” Levine served a total of 15 years on the commission. Featherstone also asked the citizens of Eureka Springs “as well as others” to “please respect the process of staff management by the Parks Commission.”

NEWS Story

“The transition currently in progress is being conducted as responsibly and expeditiously as possible,” he said. Featherstone concluded his statement by saying the commission “approved the expenditure of $2,000 from general reserves for the specific purpose of providing labor to perform necessary repairs on the trails at Leatherwood Park that are involved in two major events planned in July, specifically for the Fat Tire Festival and XTERRA.”

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December 31, 2015 – Lovely County Citizen – Page

9

Act of Valor

Eureka Springs firefighter risks life to carry partner from burning trailer By Alana Cook

Citizen.Editor.Eureka@gmail.com

Minutes seemed to turn into years as Josh Beyler crawled through super-heated gases in a pitch-black trailer Saturday night to find his partner, Rod Wasson. Temperatures were hotter than asphalt in the dead of an Arkansas summer as Wasson struggled for air after his breathing regulator got knocked off while the two firefighters were inside the trailer. “He kept shouting ‘help, help, get me out,’ ” said Beyler. Beyler and Wasson were six feet inside the trailer manning the fire hose — Wasson was manning the nozzle and Beyler was behind him — when the hose got tangled up on the trailer’s front door. Firefighters are trained to never let go of the hose and never leave their partner behind, so Beyler stayed with the hose. He turned away briefly and slid himself down the hose in total darkness to pull it loose from the door. When he realized the hose was caught, he turned back to where Wasson was on the nozzle and realized his partner was gone. Though last Saturday night’s fire behind a house at 326 Grand Ave. is still under investigation, Beyler remembers what he heard and felt. Like a U.S. Marine running to the sound of the guns during battle, Beyler made his way in the smokefilled darkness to the sound of his partner’s cries for help. “I heard a noise and my partner started shouting. I grabbed the hose line and went to the noise to find him. When I found him, I noticed his regulator was knocked off,” he said. “I knew he was in a lot of trouble because we were in a toxic environment with super-heated gases.” Fireman’s code On a Saturday night when many 20-somethings were letting loose in local bars, Beyler was working to save his partner’s life. Though just 22, the volunteer firefighter and part-time EMS worker never thought twice about pulling his 48-year-old partner from the burning trail-

Eureka Springs firefighter Josh Beyler rescued his injured partner from a house fire.

er.

“I went to my training … every firefighter is trained to rescue their partner,” he said. It was the moment Beyler — and every firefighter — trains for, but hopes will never come. That’s when Beyler said his adrenaline kicked in. When he found that Wasson’s breathing regulator had been knocked loose, he called “mayday” and asked for a backup light at the front door. Eureka Springs firefighters who were on the scene lit the door so the two could get out. Every breath Wasson took without his regulator was like inhaling fire; every second counted against his life. Unable to see through the smoke-filled darkness, Beyler felt for his partner’s mask. He was focused, he was determined ... he was a firefighter. “I loosened part of the strap of his SCBA and dragged him out,” he said. “It was definitely my adrenaline pumping. My mind was so focused I did what I had

to do. The guys took him from there.” Beyler walked a disoriented Wasson down to medics who were waiting in the parking lot. They put a breathing tube down Wasson’s airway and Mercy Lifeline medics flew Wasson to the burn unit at Springfield’s Mercy Hospital. Beyler exhaled a breath of gratitude. “He had the best medics out there, man,” he said. After Eureka Springs Fire & EMS workers loaded Beyler into an ambulance and his adrenaline began to slow down, his thoughts turned to his partner. He wasn’t seriously injured, but what about Wasson? “Once I got out, all the emotions kicked in and I started worrying about him. ‘Is he OK? Is he going to make it?’ I wasn’t sure.” Beyler said he is thankful for the intensive training ESFD gives its firefighters and emergency workers. “We try to keep communications thick,” he said. “Eureka Springs Fire Department has done very well in getting me trained for those situations.” Beyler was back on call the next day and the ESFD chaplain and Wasson’s family have been at his bedside since the wee hours of Sunday morning, praying for the full recovery of their co-worker, father and friend. Chris Mattes of Mercy Lifeline made the one-hour drive to the hospital in the middle of the night and waited by Wasson’s side until the ESFD chaplain and Wasson’s family arrived. As of Tuesday afternoon, Wasson remained on a ventilator in the critical care unit, where Eureka Springs Fire Chief Randy Ates said he would remain for at least three more days “barring any unforeseen issues.” “Wasson still responds to touch and voice and is aware when his family is in the room,” said a press release from the fire department. Outpouring of love and support There has been outpouring of love and

NEWS Story

support for Wasson and his family and a GoFundMe account that was created to support the family while they are at his bedside has exceeded the $5,000. The fire department has been flooded with calls from news media and citizens asking about Wasson’s prognosis. Because of the donations, both of Wasson’s sons, Kolby and Tyler, were able to take a leave of absence from work to stay close to their injured father and concerned grandparents. “The family gratefully acknowledges the donations which have poured in to help offset their unexpected costs … and all of the emails, posts, text messages, prayers and good wishes,” said the press release. Even Fort Smith EMS lent a hand. “A tip of the hat also goes to Ft. Smith EMS for their generous $750 donation to help the Wasson family,” the fire department press release said. Investigation Eureka Springs Fire Marshal Jimmy Kelley and the Arkansas State Police launched an investigation Sunday morning into the cause of the fire. Ates said ESFD called the state police to assist because “it’s not appropriate for us to investigate the fire alone since it involved one of our own getting injured.” Eureka Springs Police detective Bryan Jones is assisting Kelly in finding any witnesses who “may have smelled anything unusual in the neighborhood Saturday evening like a hot electrical or burning smell, saw any strangers or out of place cars, or noticed drifting smoke well before the fire,” Ates said. He said investigators are also checking the quality of Wasson’s gear to make sure it wasn’t faulty. “We want to follow every step so we can see what happened. A certified technician from Scott Company, the company that manufactured Wasson’s mask and air pack, is onsite testing it to look for any deficiencies or breakage.” Citizens are encouraged to call ESFD at 479-253-9616 if they have any tips.


Page 10 – Lovely County Citizen – December 31, 2015

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December 31, 2015 – Lovely County Citizen – Page

11

Battleground Eureka

City attracts national attention as election nears Editor’s note: This is the first of a twopart series. By Alana Cook Citizen.Editor.Eureka@gmail.com

Nestled between a growing Northwest Arkansas metroplex with a thriving arts and film community, and a rural area that is home to a close-knit population of conservative-leaning Christians, Eureka Springs has become the battleground for the struggle for LGBT civil rights and religious freedom. The tourist town is known for being accepting of everyone but since the passage of a civil rights ordinance that prohibits discrimination against LGBTs, which was approved by the Eureka Springs City Council on Feb. 9 and signed into law the next morning by Mayor Butch Berry, decades-long tensions between the city’s conservative Christians and left-leaning population have re-emerged — a fact that has not gone unnoticed by national media and powerful interest groups on both sides of the issue. Eureka Springs voters will decided to keep or repeal the anti-discrimination ordinance in a special election on May 12. The campaign for keeping the law, Keep Eureka Fair, and the campaign for repealing it, Repeal 2223, are stepping up efforts as the election nears. Should voters decide to keep the law, it could be the test case for a Constitutional challenge, according to leaders of both campaigns. The city council adopted the ordinance as a pre-emptive measure to a new Arkansas religious freedom law, sponsored by state Sen. Bart Hester, and signed by Gov. Asa Hutchinson, that prevents cities and and counties from passing such anti-discrimination ordinances. Eureka’s left-leaning city council passed the ordinance in one night on an emergency clause while the religious freedom bill was floating through the Arkansas House. The action took local media by surprise because it was not on the council’s agenda. Shortly after the city’s passage, the Greater Eureka Springs Chamber of Com-

merce issued a position statement questioning the law and the chamber’s executive director, Mike Bishop, was ousted. Two board members, including Sandy Martin, who is now heading up the Keep Eureka Fair campaign, resigned. Former chamber operations director Toni Rose, who also resigned, is now working with the Repeal 2223 campaign. A 66-foot statue of Jesus welcomes tourists as they drive into a town where many businesses display rainbow flags in support of the town’s LGBT community. Not far from the Christ of the Ozarks is the First Christian Church, where several Repeal 2223 meetings have held. The church’s pastor, Philip Wilson, who opposes the ordinance, told a New York Times reporter last week that the law “will increase traffic of gays [to the town] and decrease families.” Wilson and other Repeal 2223 supporters, including Bishop, the former chamber director, say they believe that Eureka Springs is — and should stay — a family destination. “As a Christian, I am concerned about who made the decision to use Eureka as a pawn for the Human Rights Campaign,” Wilson said. Wilson, who has lived in Eureka Springs for almost 13 years, said that until now everyone has gotten along but there is a new movement to “force acceptance” of the law in violation of “religious conscience.” Martin disagrees. “If we are a country that believes in equal rights for all people, then why are we slicing off one particular group of people and denying them those rights?” she said in a phone interview. Acra Turner, a local African-American pastor who attended a recent Repeal 2223 meeting and was featured in a campaign video released earlier this week, said he loves everyone and they should be treated equally. He said he believes the law lacks

due process. He also said he believes being gay is a behavior. Turner himself has been the subject of controversy after revelations that he served more than 20 years in prison after being convicted of raping three women, including one who was 80 years old. “They believe you can modify behavior,” Martin said. “That goes back to ‘let me fix you and put you through this correction.’ They think this is a lifestyle choice — the behavior [of LGBTs] is bad. You can’t legislate perception. It’s the slippery slope and in giving someone, whether Christian or whatever, the power to judge people their equal rights but their perceived impression goes against their moral character.” Martin said Keep Eureka Fair is purely a grassroots effort, not supported by outside interest groups like HRC. Repeal 2223 is being spearheaded by the Black Robe Regiment, which has ties to Alliance Defending Freedom. The alliance worked successfully to repeal a similar ordinance in Fayetteville late last year. disagree. Neither Alliance Defending Freedom nor HRC returned comments by press time. Many people on both sides of the issue say the battle in Eureka Springs is not only about religious freedom and LGBT rights, but about the direction in which the city is headed as a tourist destination. Many in the city’s LGBT community say they will no longer be silent when their civil rights are violated. Repeal 2223 supporters, which include state Rep. Bob Ballinger, R-Hindsville, say Christians shouldn’t be mandated by law to take actions that go against their religious beliefs. “When the great Passion Play was in its heyday, the gay community and culture and arts community were still here and the arts community did not get turned

part one

away. That hasn’t changed,” Martin said. “What’s changed is the attendance of the Passion Play. Are you looking for something to blame for the erosion of attendance of Passion Play, or do you really not like LGBTs? “It’s been an eclectic town since the get-go. It turned into a created enclave, then when you build tourist businesses, you attract other businesses and then diversity. It wasn’t an issue unit Arkansas approved the gay marriage thing,” she said. Many national interest groups on both sides have been keeping a close watch on the battle in Eureka Springs. “I think it’s absolute folly to say supporting discrimination is good for tourism,” Wayne Beses, executive director of Truth Wins Out, told the Citizen. “Virtually every top tourist destination in America and the world is pro-gay. It flies in the face of reality to think differently. Name any place that is divisive that is a tourist town, even in conservative states. Destinations are virtually all open and inclusive. “They can still uphold their religious beliefs but still respect other people. If you want to kill the town, go ahead and make that statement. It’s insulting to Christians that they are so thin-skinned and weak that their faith will be shaken if they are in same vicinity. You can’t catch homosexuality. That’s what they are trying to say. It’s not ignorant, but insulting,” Beses said while referencing the recent expulsion of LGBT members of the Methodist Reconciling Group from the Celebrate Jesus Parade. Martin said she is encouraged by a law similar to Eureka Springs’ that just passed this week in Little Rock. That law requires companies contracting with the city to not discriminate based on sexual orientation or gender identity. “The heart of this law (Ordinance 2223) is to protect people from being mistreated by others that think their actions are evil,” said Jayme Brandt, a Christian and business owner in Eureka Springs.


Page 12 – Lovely County Citizen – December 31, 2015

2015: The year in pictures

David Bell photo

David Bell photo

Artist Zeek Taylor speaks at the Tales From the South End Hate program at KJ’s The annual Ozark Mountain UFO Conference always brings an interesting crowd Caribe restaurant

Tavi Ellis photo

Tavi Ellis photo

Tavi Ellis photo

Melonlight Dance studio presented ‘Anna at the Aud’ in Oc- A competitor splashes through a creek on her mountain Valerie Hubbord Damon’s glowing booth attracted a constant stream of art appreciators at the annual tober bike during the annual Fat Tire Festival. White Street Art Walk.


vsDecember 31, 2015 – Lovely County Citizen – Page

Tavi Ellis photo

A group of Eureka Springs kindergarten and first grade girls play hide-and-seek on a fall day at Harmon Park.

Tavi Ellis photo

13

Tavi Ellis photo

Monks from the Tibetan Cultural Institute of Arkansas chant during the closing ceremonies for a healing medicine sand mandala at the Basin Park Hotel.

Tavi Ellis photo

ABOVE LEFT: Trinity (T.J.) Strecker dressed as Padme Amidala for a Star Wars-themed party at the Auditorium. above right: High school senior D.J. Rassinier played the part of billionaire Oliver Warbucks in Annie, Jr. AT RIGHT: Crochet artist Gina Gallina poses for a cover shot.

Tavi Ellis photo


Page 14 – Lovely County Citizen – December 31, 2015

Battleground Eureka Eureka Springs could face Residents of once-united city shuffle to the polls as tensions rise

Editor’s Note: This is the second in a two-part series. By Alana Cook Citizen.Editor.Eureka@gmail.com

Though normally quiet, the Eureka Springs courthouse has been bustling with the foot traffic of voters who are eager to have their say on whether to keep or toss the city’s new anti-discrimination law that provides protections for certain classes, including LGBTs. As of mid-Tuesday, about 130 of Eureka Springs 1,715 registered voters had made the trek to the Eureka Springs and Berryville courthouses to cast early ballots in a May 12 special election to decide whether the city should keep or repeal Ordinance 2223. The battle in Eureka Springs has garnered national attention because of the city’s rich and diverse culture. Eureka Springs is fast becoming known as the little San Francisco of the South because of its growing LBGT population and its reputation for being accepting of everyone — at least until the law passed. “My question is: Who made the decision to make Eureka the pawn of the Human Rights Campaign?” Pastor Phil Wilson told New York Times reporter Richard Fausset late last month after a meeting led by the Black Robe Regiment at First Christian Church. Fausset and a reporter from the Lovely County Citizen were not allowed in the meeting, which was a strategy session on how to get the new law repealed. During Fausset’s interview, Wilson stood next to supporters from Fayetteville and said he thinks that the city’s growing LGBT population will “scare away families” who are visiting the tourist town and that he feels as if he is being forced to accept a lifestyle that is contrary to his religious beliefs.

Fausset likened Eureka’s struggle to the struggle going on in Europe where Muslims are being forbidden in some areas from wearing the hijab. Fausset asked Wilson if he thought that the hijab issue “is similar to what is happening here” and without hesitation, Wilson said, “yes.” The division in the city may not always be apparent on the surface but one look at the city’s online rumor mill and discussion board, also known as Geekfest, and tensions are clear. One glance around the city council meeting table where the majority of aldermen and women wear “Keep Eureka Fair” T-shirts or a stroll through downtown during last weekend’s May Festival of the Arts opening gives clues. Old shops downtown are giving way to new art galleries, the city is completing much-needed repairs on the Aud parking lot, the Passion Play opened last weekend to a boom in group tours and a large retail Harley-Davidson store opened last week in the old Pine Mountain Theater. The bigger question is: What is really at stake? Wilson and the supporters of Repeal 2223 contend it’s their ability to practice their religion freely and be a city that will attract families, while Keep Eureka Fair supporters say that it’s time for LGBTs to have the same rights as everyone else and that everyone can truly co-exist. Eureka Springs’ economy has been largely stagnant but according to city leaders like Sandy Martin of C3, if voters choose to keep the law, the economy could see a boom in affluent progressives who would feel more welcome. Polls will open at 7:30 a.m. and close at 7:30 p.m. Tuesday, May 12, at St. Elizabeth’s Parish Center at 232 Passion Play Road in Eureka Springs.

part two

fines from ADEQ

By Alana Cook

Citizen.Editor.Eureka@gmail.com

Arkansas Department of Environmental Quality officials have warned the city of Eureka Springs that if it fails to comply with pollution guidelines for treating wastewater by Dec. 31, the city could face enforcement action, including “the assessment of a civil penalty,” according to a July 6 letter to Mayor Butch Berry and a September email from the ADEQ to Public Works Director Dwayne Allen. ADEQ issued the warning in response to the city’s request to be removed from a consent administrative order. “Effluent violations must be brought into compliance by Dec. 31, 2015. At this time, ADEQ has no further comment regarding this plan,” the letter said. Public Works Director Dwayne Allen told ADEQ enforcement officials in a March 24 letter that removing the city from restrictions would “ease doubts about refinancing our bond debt, before the expected interest increase this year as well as past audit concerns;” that the city “has been on a series of consent orders for years;” and that he used the consent order to “help secure wastewater funding.” The last time the city’s wastewater rates were increased was 2008. “We have made great strides over the last six years and I believe that I have proven I will do everything within my authority to meet state and federal regulations,” the letter said. Allen also cited $475,000 the city received in extra funding this year which he said would be used to repair “system areas identified as critical, add needed wastewater chemical storage, place our SCADA on radio feed off land lines … and replace deficient water meters in the system … to increase revenue and greatly decrease our loss.” When asked about the source of the funding and whether it was used for the purposes stated in the letter, city finance director Lonnie Clark referred the Citizen’s email to Allen, who did not respond. The Citizen filed a Freedom of Informa-

tion Act request with the ADEQ to get more information on the city’s wastewater issues. Though the city was operating at a $645,411 deficit for the year as of a Sept. 24 budget meeting, and city council members have continued to questioned Clark about the amount of revenue generated this year from water meter upgrades, Allen said in the letter that he believes the city has “enough funding in place to continue improving its systems.” As of September, documents indicate the city has failed to comply with its own corrective action plan. A Sept. 18 email from ADEQ enforcement analyst Layne Pemberton to Allen said that ADEQ’s records show there were 25 effluent violations over the last three years and in the last year, there have been five sanitary sewer overflows. ADEQ spokeswoman Katherine Benenati further explained the violations in an Oct. 23 email to the Citizen. “SSOs are sanitary sewer overflows; effluent violations are violations of the permitted effluent limits,” Benenati said in her email. “The City of Eureka Springs is permitted by ADEQ to discharge their wastewater and their permit establishes limits for the City to discharge their wastewater into waters of the state. The City is required by their permit to test their effluent or discharge for the parameters permit at least monthly to ensure they are meeting their permit effluent limits. They are also required to submit Discharge Monitoring Reports (DMRs) to ADEQ monthly. If a permitee or in this case the City exceed their permitted effluent limits, they report this on their DMR as violations. These permit effluents violations must corrected.” Reasons given by the city in the letters and emails for the violations include failed bearings, a shaft that “had enough wear it had to be replaced,” and failing motive pumps. For a copy of the compliance reports, go to https://www.adeq.state.ar.us/down

NEWS Story


December 31, 2015 – Lovely County Citizen – Page

15

City officials confront budget crunch By Alana Cook

Citizen.Editor.Eureka@gmail.com

Though Eureka Springs’ downtown has been bustling with tourists and some downtown business owners say they are more optimistic about business this season, the city’s mid-year budget figures are not as promising. What some aldermen described as a lack of oversight and failure to allocate reserve funds once again has the city scrambling to pull itself out of a $645,411 mid-year deficit by Dec. 31. A few alderman accepted responsibility for the lack of oversight and said the city council in recent years has neglected to keep a close eye on how the city’s money is being spent. City departments have received little guidance on their budgets and were not required to explain their budget allocations to council. Alderman David Mitchell, who said he has a background in corporate budget procedures, said at a Monday budget workshop that he thinks “council didn’t take as much interest and accountability as we are asking for now.” “We can’t hold anyone’s feet to the fire,” Mitchell said. “ We let it happen.” He also stressed the importance of having a surplus and attempted to get to the route cause of the city’s budget issues. “When we have to finance an ambulance to get money for a fire truck, something’s wrong.” Mitchell was referring to the council’s recent vote to refinance a loan on an ambulance to in order to help pay for a new ladder truck for the fire department. Mayor Butch Berry scheduled the workshop after Alderman Bob Thomas raised questions about the city’s current and projected budget during a mid-year budget review in late July. At that meeting, aldermen passed resolution No. 663, the Clean-up Amended Budget Resolution for the City of Eureka Springs for the Year 2014. Alderman James DeVito was not present during Monday’s workshop. Thomas questioned, among other things, why the city has trouble projecting next year’s budget using historical

figures and why it seems to run through town compared to others in that we have reserves before the year’s end. 2,073 people in this small town and have “I’ve been calling around, cities tell me to gear up for about one million visitors you all should be able to project the bud- here every year and that puts a huge strain get but I’m hearing here we won’t know on infrastructure like law enforcement that until Dec. 31,” he said. Thomas and and Fire and EMS,” Clark said. other aldermen said one solution is to “We have to try to cover things with base the projected budget on an average sales tax and other sources of revenue of the previous five years’ expenditures and that’s a real challenge. I haven’t talkand revenues. ed to any other Arkansas finance directors Mayor Butch Berry said the city “has that have this unique set of circumstances been hand-to-mouth for the last sever- we have.” al years” and that “this is Thomas expressed connothing new.” cerns about why the city During July’s meeting, waits until the last minute and Monday night’s workto try and balance the budshop, city finance director get. Lonnie Clark said that be“When we go back to cause the city’s economy June, we did Resolution is largely based on tour663 to settle out the 2014 ism — and its revenue is budget. At that point, derived in part from sales Lonnie told us they were tax, which can be wildly $200,000 over budget in unpredictable — it has been difficult to 2014 and my impression that night was it gauge the city’s fiscal health. In the past, came as shock to some sitting at the table. the city has waited until the end of the I don’t want that to happen in 2015.” year and sometimes the beginning of the Eureka Springs and Carroll Counnext year to sort out ty host more its budget. Clark told than 750,000 visiWe can’t hold anyone’s feet tors yearly, according aldermen during the workshop that the to the fire. We let it happen... to the Greater Eureka deficit does not yet Springs Chamber of When we have to finance reflect revenue from Commerce website. an ambulance to get “real estate taxes, the The site did not specimoney for a fire truck, city’s semi-annual fy how many of those payment on the WCvisitors are exclusive something’s wrong.” CAD contract, the to the city. – David Mitchell latest monthly sales No more ‘fiefdoms’ tax receipts, the latest Aldermen seemed monthly ambulance/ to agree that the city EMT billing, the latest normal monthly could have done a better job in the past water/sewer billing plus any other mis- telling department heads what and how cellaneous funds from licensing and per- much they can spend. mits.” “Over the years, more attention could Clark also said the “months of sales have been paid for infrastructure, but it’s taxes to be collected should be some of nice we do have the police and fire prothe larger months and the city is waiting tection that we have,” Mitchell said. on a large portion of real estate taxes that Aldermen and the finance director said is yet to be collected by the county col- department heads have been allowed to lector and remitted to us. spend money without much scrutiny from “In Arkansas Governor’s Finance As- the council or previous administrations sociation meetings, we compared notes but credited Berry for requiring departand I found that we are a very unique ment heads to account for their budgets.

NEWS Story

“I think we are building the pie around the filling,” alderman Terry McClung said. “I agree with David. We need to look at the percentages for reserves as a line item and break it down per department. Tell the department heads ‘this is what we have when we project revenues’ and make it work. A city employee’s fiduciary obligation is to the city of Eureka, not your own little fiefdom. They need to be concerned with what’s most cost effective and providing top-level customer service.” Clark agreed. “There has to be a guideline for department heads to go by instead of it being willy-nilly of what they say it will be,” he said. “For instance, Fire didn’t include fuel as a line item and it’s way up. That way, you can set out a piece of pie for reserve and capital improvements.” Clark, Mitchell and other aldermen said they are interested in knowing how other cities similar to Eureka are managing their budget. Berry has asked department heads to go before council and explain their budgets. Sources of revenue Aldermen also expressed concern about raising water rates as a means to recoup lost revenue and said they still don’t have a clear answer about the percentage of new commercial and residential meters that have been installed, nor have they been given figures on how much citizens’ water bills have increased since upgrades began last winter. Unanticipated project delays could further delay revenue the city was hoping to see by the year’s end. Mitchell said he wants “a clear picture of where the city is” before an increase in water rates is considered. “From a fiduciary position, I want to make sure I’ve done due diligence before I sign off on an increase,” he said. Berry agreed that the council will need to “look closer” before raising rates. “It’s a major issue … we may not have been charging enough to begin with,” he said. Berry also mentioned looking at small tax increases and as a last resort, paring back staffing costs.


Page 16 – Lovely County Citizen – December 31, 2015

top NEWS Stories

runners-up 1. Residents express concerns about Butler Hollow project at open house By Alana Cook • Jan. 28 2. Chamber expresses concerns over anti-discrimination law By Alana Cook • Feb. 23 3. Bishop says he stands by position statement By Alana Cook • May 6 4. Kellogg resigns as Eureka Springs superintendent By Samantha Jones • June 17 5. Lawmakers make last-minute push against fluoride By Alana Cook • July 15 6. ‘Daily Show’ spotlights Eureka Springs By Alana Cook • Aug. 5 7. Wrongful death suit filed by Fat Tire cyclist’s widower could face state Supreme Court challenge By Alana Cook and Scott Loftis • Aug. 5 8. Retired Army officer files FOIA lawsuit against Eureka Springs By Alana Cook • Oct. 28 9. Aldermen press for more answers on water meters, revenue By Alana Cook • Oct. 28 10. City council votes to raise water rates By Alana Cook • Nov. 24

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David F. Dempsey Photo

A release of 91,150 cubic feet of water per second was seen at Beaver Dam on Monday. That is the second-largest release on record, according to the U.S. Army Corps of Engineers.

Governor declares county a disaster area

By Scott Loftis CarrollCountyNews@cox-internet.com Gov. Asa Hutchinson declared Carroll County a disaster area on Monday — along with 11 other counties across the state — after heavy rains dumped several inches of water across the county. Meteorologist Pete Snyder of the National Weather Service’s office in Tulsa, Okla., said eight to nine inches of rain fell in Carroll County. Snyder described the deluge as “very unusual,” particularly for this time of year. “To see this much water in the atmosphere is incredible any time of year, but for December it’s even more unusual,” Snyder said. “To see this kind of rainfall this time of year is very rare.” Although flash flooding in the county left some roads impassable, Carroll County Sheriff’s Office Chief Deputy Maj. George Frye said Monday that there were no fatalities related to the weather and relatively few issues. “We did have one rescue that we made where somebody was stranded in high water,” Frye said. Frye reported that some CCSO person-

nel were unable to report to work Monday because of low-water bridges that were impassable. A flood warning issued by the National Weather Service remained in effect until 1:15 a.m. Tuesday. The Kings River reached 27.84 feet at 4:15 p.m Monday, according to the NWS’ Advanced Hydrologic Prediction Service, which estimated that the river would crest at 33.18 feet sometime Monday or Tuesday — more than two feet above flood level. The U.S. Army Corps of Engineers was releasing 91,150 cubic feet of water per second through Beaver Dam on Monday, the second-highest release on record, according to a news release. The release said that by releasing water into Beaver Lake, the Corps of Engineers was able to dramatically release flood damage downstream. “Flows below Beaver alone would have been more than double the current release,” the press release said. According to the press release, the lake level elevation on Beaver Lake was 1,131.6 feet Monday morning, with 116 percent of its flood capacity in use. The lake was continuing to rise and was expected to crest

Monday near 1,132.5 feet. Carroll County Judge Sam Barr issued an emergency disaster declaration shortly before noon on Monday, a few hours before Hutchinson’s declaration. Barr said the county will be eligible to apply for state and possibly federal funding to help pay for repairs to damage caused by the rain and floodwaters. Barr said Monday that it will be a while before any damage can be assessed. “We won’t really know for probably a day or two, maybe three, how much damage we have until the water recedes where we can see all of it,” he said. Barr said Monday afternoon that he was awaiting reports from county road crews. He said several roads in the county were closed Sunday and Monday. Barr said he would like to ask the county’s residents “for their prayers and patience to get through this.” Although light rain and even some snow flurries fell Monday afternoon, Snyder said the forecast calls for drier weather for the rest of the week. “It looks like things are going to be drying out,” he said. “Right on through New Year’s Day and Sunday, it looks dry.


December 31, 2015 – Lovely County Citizen – Page

17

2015: A year of change, national headlines for Eureka Springs By Alana Cook

Citizen.Editor.Eureka@gmail.com

This year could go down in history as the most active news year for Eureka Springs. The historic passing of the city’s non-discrimination ordinance and the fight to bring the law to a vote of the people that led to the ousting of its long-time Chamber of Commerce director — to a ban on LGBTs from the annual Celebrate Jesus parade while Rep. Bob Ballinger’s, Religious Freedom bill sparked protests in Little Rock — to a mention by Rachel Maddow and appearances by a few locals on The Daily Show, the sleepy village of 2,000 awoke to a lion’s roar of national and international media attention this year. For its year-end issue, the Citizen chose the top 10 stories of 2015 based on the issues that are most important to Eureka’s citizens, gauged from letters and comments from readers, as well as stories that made state and national headlines. Stories that had the most impact at the local level but did not qualify for the Top 10, made the Citizen’s ‘Runners-up’ list, in the chronological order they were published. Highlights from winter and spring In a surprise move during a February city council meeting, aldermen passed a historic law to protect LGBTs and others from discrimination by business owners. Aldermen passed the law as a pre-emptive measure to a bill floating through the Arkansas House of Representatives to prevent local governments from passing non-discrimination laws that give special protections to LGBTs. Opponents of the ordinance, some of whom were members of the Black Robe Regiment, a religious group with alleged ties to the Family Research Council, said the ordinance was unprecedented because it levies criminal penalties in the form of fines for those who are found guilty of dis-

criminating against LGBTs. A New York Times reporter interviewed the Citizen, BRR members and opponents of the law during a meeting at the First Christian Church in Eureka Springs and his article along with an article from the Guardian thrust Eureka Springs into the national spotlight. A month later, the Citizen became the subject of one its own stories when Greater Eureka Springs Chamber of Commerce president and chief executive officer Mike Bishop issued a position statement to the newspaper expressing concerns about the law. Bishop was fired, operations director Toni Rose resigned and several executive committee members resigned amidst controversy that stemmed from Rose allegedly releasing the statement without the executive committee’s approval. Bishop later reached an undisclosed financial settlement with the chamber’s board of directors. Under pressure from a petition drive aimed at putting the ordinance up for public vote, the Eureka Springs City Council called for a special election to decide the new law’s fate. An overwhelming majority, 71 percent, voted in mid-May to keep the law. National and international news crews descended on Eureka Springs as citizens celebrated the law’s passing and local television stations interviewed the first couple to get a marriage license at the Carroll County Western District Courthouse after gay marriage became legal nationwide. The city and its fight to pass the law is the subject of a soonto-be-released documentary. Amidst the non-discrimination law controversy, domestic violence victims statewide won a large victory when Gov. Asa Hutchinson signed his name to three pieces of legislation. One was Laura’s Law, strengthening protections for domestic violence victims and their families. Ballinger took time from be-

ing the subject of religious freedom protests in Little Rock to pose for photos with Laura Ponce, a Carroll County woman whose daughter was killed by her former boyfriend in a domestic violence case. Carroll County Sheriff’s Office Chief Deputy Maj. George Frye made the trek to Little Rock to support the signing, which implemented the lethality assessment statewide. Summer and winter bring FOIA, budget challenges Eureka lost its years-long battle against fluoride being added to its water supply this summer, although local and state lawmakers pushed hard against fluoridation. Citizens with the help of Secure Arkansas are still fighting issue. Fall and winter arrived and with it came pressing questions from aldermen and citizens about the city’s budget, questions that resulted in Mayor Butch Berry making the city’s budget a higher priority during council meetings and holding budget workshops for the first time ever. What some aldermen described as a lack of oversight and failure to allocate reserve funds had the city scrambling in late September to pull itself out of a $645,411 mid-year deficit by Dec. 31. Aldermen pressed Lonnie Clark, city finance director, for answers on how the city’s money is being spent and said they were dissatisfied that a water meter upgrade project did not re-coup the revenue Clark and Dwayne Allen, the city’s Public Works director said it would last year. The city passed a law in December to increase water rates. In an October city council meeting, Berry said he plans to focus on the city’s aging infrastructure after the Citizen broke a story saying the city could face fines from Arkansas Department of Environmental Quality if it fails to meet the guidelines for treating wastewater outlined in the city’s corrective action plan next month, a failure that

could compromise the city’s ability to refinance bonds, according to a Nov. 4 story by the Citizen. After Allen failed to answer questions about the source of $475,000 in funding the city received earlier for wastewater repairs, the Citizen filed an FOIA request with the ADEQ for more information on the city’s wastewater problems, which include one instance this year when the pumps were “unable to mix or waste” for a month, according to a letter from Allen to ADEQ. FOIA issues continued when retired Army officer Steven Judge sued the city after Clark allegedly failed to comply with his FOIA request last year asking for a list of all police vehicles and the year they were purchased, the amount of money the city paid for each, the names of officers assigned to the vehicles, the cost per vehicle for maintenance and fuel, the names of all police officers working for Eureka Springs, their hourly wage, monthly, weekly and yearly pay and a list of any bonuses they receive. The city is also mired in a wrongful death lawsuit, filed by John Wooldridge on behalf of his wife Laura, who died last year after wrecking her bicycle during a pre-ride in preparation for the annual Fat Tire Festival mountain biking festival at Lake Leatherwood.

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Page 18 – Lovely County Citizen – December 31, 2015

Lively Entertainment THURSDAY, DEC. 31 • Cathouse / Pied Piper, 82 Armstrong St., 479-363-9976: New Years’ Eve Glow Party with Brody Buster, 8 p.m. • Chelsea’s, 10 Mountain St., 479-2536723: New Years’ Eve Party with Cadillac Jackson, 9 p.m. • Eureka Live, 35 N. Main, 479-2537020: New Years’ Eve Circus Party, 5

Weekly Special: Every Wednesday Night:

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p.m., $10 cover, wear circus costume • Grande Taverne, 37 N. Main St., 479253-6756: New Years’ Eve Dinner Seating, 5 p.m. to 10 p.m., Entertainment by Arkansas Red • Grub & Pub Club 169, 169 E. Van Buren, 479-253-7122: New Years’ Eve Party with the Skela-Tones, 8 p.m. • Legends Saloon (Lumberyard), 105 E. Van Buren, 479-253-2500: New Years’ Eve Party with JAB, 8 p.m.; Champagne Toast at Midnight • New Delhi Cafe, 2 N. Main., 479-2532525: New Years Eve Party with Pete & Dave, Raffle & Prizes • Rowdy Beaver Den, 47 Spring St., 479363-6444: Terri & Brett, noon to 4 p.m.; New Years’ Eve Bash with Opal Agafia & the Sweet Nothings, 8 p.m. • Rowdy Beaver Tavern, 417 W. Van Buren, 479-253-8544: New Years’ Eve Bash with Terri & the Executives, 7 p.m. FRIDAY, JAN. 1

MIX-A-SIX FOR THE NEW YEAR!

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• Cathouse / Pied Piper, 479-363-9976: Voxana, 8 p.m. to midnight • Chelsea’s, 10 Mountain St., 479-2536723: TBA, 9 p.m. • Eureka Live, 35 N. Main, 479-2537020: DJ and Dancing, 9 p.m. to close • Grande Taverne, 479-253-6756: Arkansas Red, 6:30 p.m. to 9:30 p.m. • Grub & Pub Club 169, 169 E. Van Buren, 479-253-7122: TBA, 8:30 p.m. • Legends Saloon (Lumberyard): DJ Karaoke with Kara, 9 p.m. • New Delhi Cafe, 479-253-2525: TBA, 6 p.m. to 10 p.m. • Rowdy Beaver Den, 47 Spring St., 479363-6444: Karaoke with DJ Goose, 8 p.m. • Rowdy Beaver Tavern, 417 W. Van Buren, 479-253-8544: Jukebox & Free Pool, 7 p.m. SATURDAY, JAN. 2 • Cathouse / Pied Piper, 479-363-9976: Fetts Folly, 8 p.m. to midnight • Chelsea’s, 10 Mountain St., 479-253-

6723: Opal Agafia and the Sweet Nothings, 9 p.m. • Eureka Live, 479-253-7020: DJ and Dancing, 9 p.m. to close • Grande Taverne, 479-253-6756: Jerry Yester, 6:30 p.m. to 9:30 p.m. • Grub & Pub Club 169, 479-253-7122: TBA, 8 p.m. • Legends Saloon: TBA, 9 p.m., • New Delhi Cafe, 479-253-2525: TBA, 6 p.m. to 10 p.m.; • Rowdy Beaver Den: John Harwood, noon to 4 p.m.; Karaoke with DJ Goose, 8 p.m. • Rowdy Beaver Tavern, 479-253-8544: 2 Dog 2 Karaoke, 7 p.m. SUNDAY, JAN. 3. • Legends Saloon (Lumberyard): Texas Holdem, 7 p.m. • New Delhi Cafe, 479-253-2525: TBA, noon to 4 p.m. • Rowdy Beaver Tavern, 479-253-8544: Free Pool See Lively, page 23

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December 31, 2015 – Lovely County Citizen – Page

19

Calendar of Events Send calendar entries to Samantha Send calendar entries to Samantha Jones at CCNNews@cox-internet.com. The calendar is reserved for events sponsored by non-profit entities, benefits for non-profits and free events. First priority will be given to organizations providing a public service, such as rural fire departments, schools, churches, hospital auxiliaries and services for senior citizens or veterans. Submissions should be timely. Calendar listings should not be more than 30 days in advance of the event. The calendar is sometimes edited to fit the available space in the print edition. See the full calendar online at www.LovelyCitizen.com.

Jan. 9: HAM Meeting

The Little Switzerland Amateur Radio Club will meet at 4 p.m. Saturday, Jan. 9, at

the physicians building at Mercy Hospital at 211 Carter Street in Berryville. Anyone with an interest in amateur radio is welcome. For more information, visit http://

lsarc.us or email gmjar@outlook.com.

space.

Best Western Inn of the Ozarks will host the second annual Eureka Springs Historical Museum’s Garage Sale from 9 a.m. to 5 p.m. Saturday, Jan. 23, in the convention center. Admission will cost $3 per person. You can rent an 8-by-30-foot booth for $30 to sell items. Tables are available for an additional $5. Call Kindra at 479-253-9768 Ext. 602 or email kindra@innoftheozarks. com for more information or to reserve a

The Holiday Island Travel Club will host a trip to Savannah, Jekyll Island and Beaufort from Saturday, April 2 to Sunday, April 10. It will cost $723 for all lodging, 14 meals and a planned tour. A deposit of $75 is required. Call Janice at 479-2539890 or 479-244-7669 for more information or visit www.grouptrips.com/holidayislandtravelclub.

bank and dancing; an officer found they were just letting their cat use the bathroom and waiting for a friend. Hey, it’s Eureka. June 19 7:30 p.m. – Officers responded to a report of a two-vehicle accident but found the accident was just a female who fell off the curb and was injured. July 3 2:07 p.m. – Animal Control responded to a call about chickens in the road but could not find them out in the open. Maybe they had already crossed the road? No motive could be determined. July 14 4:19 a.m. – A caller reported feeling someone had a put a hit out on him, but an officer found no suspicious people after searching the man’s hotel room. Hey, we kind of feel that way too sometimes. July 25 3:59 a.m. – An officer moved two miniature donkeys and two miniature horses from the roadway. Horses in the road: Yay or neigh? 7:25 a.m. – The donkeys were walking in the middle of the road again and were captured by an officer. We’ll go with neigh. July 31 12:42 p.m. – A caller reported a man with a goat tied to a meter, and an officer informed the man that livestock isn’t

allowed in the city. No word on whether the man was cited for parking his goat illegally. 6:58 p.m. – The man with the goat was issued a citation after remaining downtown. Forget what we said at 12:42. Aug. 1 9:39 a.m. – Officers searched for a man reported to be intoxicated walking around a parking lot in his underwear but were unable to locate anyone with that description. Aug. 2 2:48 p.m. – A caller reported her brother and his girlfriend fighting and said her brother had a hatchet. Officers checked residences in the area but did not find signs of a disturbance. Maybe they should have checked the Overlook Hotel. Aug. 12 11:50 pm. – A man’s friend picked him up from a bar where he was not wanted. Obviously, everybody didn’t know his name. Nor were they glad he came. Sept. 28 4:23 p.m. – An officer found reported counterfeit money to be fake. Oct. 23 11:20 p.m. – Individuals reported being loud because the Royals won but promised they’d quiet down for the night. We were told to stop our wailing after the Cubs lost.

Jan. 23: Garage Sale

April 2-10: Holiday Island Travel Club Trip

Dispatch top calls of the year Jan. 6 1:53 a.m. – A woman asked for help moving her husband to bed after he took a sleeping pill and passed out at the table. Holiday Island First Responders assisted her. Jan. 8 7:04 a.m. – Animal control responded to the report of a large red dog on the loose but did not locate the dog. Clifford, is that you? Jan. 17 3:55 p.m. – An officer checked on the welfare of a fox at a local business. After the fox scampered off across the road, the officer determined all to be well. We aren’t sure what the fox said. Feb. 3 9:48 a.m. – A caller requested animal control’s assistance after hitting a small owl with his vehicle and taking the owl into his home, where the owl began flying around. Animal control removed the owl from the residence, but then the owl flew into another residence. Animal control removed the owl from the second residence, too. We thought this was a real hoot! Feb. 6 5:11 p.m. – An injured vulture was gone when an officer arrived on the scene. We hope no one picked up the vulture and took it home ... March 3 2:09 p.m. – An employee at a restaurant

reported a male subject doing drugs in the bathroom. After talking with the subject, an officer found he was just waiting on a ride back to Fayetteville. March 5 12:16 p.m. – An officer responded to a report of a man in a white van entering a bank with a firearm on his hip and found the man was with the armed transport service. March 17 4:24 a.m. – An officer took a disoriented man to his hotel room. The man’s hotel room, we mean. March 20 8:42 a.m. – A caller reported that a subject came into a business wearing nothing but a pair of black and white underwear and ran back out the door upon realizing there were people in the building; an officer could not locate the subject. We apologize; we know there must be a joke in there, but we’re stumped. March 24 12:20 a.m. – A caller reported a beaver in the road and an officer advised she leave it alone. Good advice. May 28 2:05 p.m. – An officer searched for but could not locate a reported disoriented male in a yellow raincoat. This simply cannot be good. 2:42 p.m. – A caller requested a check on people who were parked behind a


Page 20 – Lovely County Citizen – December 31, 2015

IMMEDIATE OPENING FOR COOK POSITION Call 479-530-3779 Or bring resume to: GREEN ACRE LODGE 89 Hillside Drive Holiday Island

Pet of the Week

Classifieds work! Call the Lovely County Citizen today and place your ad. (479) 253-0070.

This pretty girl is “Keiko,” a medium-size, 11-month-old gray and white Pharaoh hound mix. She’s very energetic, curious and likes to play. She’s also super sociable, very smart and leash-trained — a really nice young girl who is friendly to all and would appreciate having a home. Keiko has her shots and is spayed. She can be adopted at the Good Shepherd Animal Shelter on Highway 62 east of Eureka Springs. The shelter is open every day but Wednesday. The shelter’s phone number is 479253-9188.


December 31, 2015 – Lovely County Citizen – Page

21

Forum top 5 letters of the year Editor’s note: The top letters to the editor are in chronological order. Letters that made the largest impact on the community and generated the most responses from our readers.

Five reasons to oppose Ordinance 2223 Feb. 25, 2015 Dear citizens of Eureka Springs: You ask me why I am opposed to Ordinance 2223. Let me tell you five reasons, though I have many more. 1. It is an invasion of my rights as a landlord. By including “socioeconomic background” in the list of categories protected from discrimination--note it is background--it makes doing a credit check of a prospective renter an offense of the ordinance, subjects me to a possible $100-$500 fine and possibly makes me a criminal guilty of a misdemeanor. 2. It attacks my religious liberty by creating two types of religious employees. According to the ordinance, there are “non-secular” church employees that are exempt from the ordinance, and secular church employees which are subject to the effects of the ordinance. The ordinance is vague in that it does not specify who is a “non-secular” church employee and who is a secular employee. Is a school teacher teaching for a Christian school a secular employee? If so, this puts Mayor Berry over the teachers that are hired at the Academy of Excellence Christian School which is a ministry of Faith Christian Family Fellowship. If they did not hire a Muslim who had a Master’s degree, but instead hired a church member who had a Bachelor’s degree, they could be found to have violated the ordinance, subject to a $100-$500 fine, and potentially become a criminal guilty of a misdemeanor. Where are all you citizens who believe in separation of church and state? This is appalling. 3. It unconstitutionally brings church facilities under control of the government. By drawing a distinction between the “sanctuary and chapel” portions of a church building and other parts of a church building such as a fellowship hall or a gymnasium, it allows a Hindu, a Muslim, or a homosexual to file a discrimination complaint against a church because the church would not allow their fellowship hall to be used for a Hindu, Muslim, or homosexual wedding. Read the ordinance. It makes this ridiculous distinction. 4. I object to the process of secrecy and failure to give notice. It smells bad. I feel defrauded as a citizen because my city council stole my citizen’s right to discuss and participate in the democratic process. 5. It is based on an illegitimate emergency. An emergency is something like cars falling into the sewer. Politics in Little Rock does not constitute an emergency in Eureka Springs. The sheer arrogance that they would do city business this

way and then be offended because some of us citizens don’t like it is mind-boggling. This ordinance is bad law. It is poorly written. It causes more problems than it solves. It polarizes neighbor against neighbor. It isn’t needed. I urge you to sign the referendum petition so we the citizens can vote on the ordinance. If we want it, we will vote for it. If we don’t want it, we will make it go away. Philip Wilson, Eureka Springs

Eureka’s Christians being targeted for persecution and hate

March 12, 2015 Over the last few weeks several have asked me if I regret becoming a part of Eureka Springs, working with the Passion Play, considering all the conflict which is growing. My answer is, no I do not. I love the people, the town, the Passion Play, the beauty, the art, lakes, cabins, bike trails, resorts, attractions, so many other things. I am trying hard to get church groups and busses to come back. This effort is working, and improving, but the biggest obstacles we face are the misconceptions out there in the public about Eureka Springs. It is imperative that we eliminate the negatives and highlight the positives about this wonderful, unique place in a manner which draws families to an environment which they feel is visually and emotionally safe and fun for their children. I am actually very concerned about discrimination in Eureka Springs. There seems to be a growing hate against Christians. Let me give you some real examples: 1. This week I have heard of Christians who said they were told by their employers that they would be fired from their jobs if they signed the repeal 2223 petition. 2. There have numerous threats against people because of their religious beliefs made since the city council caused this controversy in Eureka. 3. Proponents of 2223 took pictures of the license plates of vehicles of attendees of an Eureka Springs Christian Alliance meeting, as a way to evoke fear in those who attended. The purpose of the meeting was to encourage Christians to treat all people with love, and to get more involved in Eureka Springs. 4. Lists of Christians are being posted online in an attempt to instill fear in those on the list. In fact, an individual, who claims to be against discrimination, posted that list this week online in a public forum in attempt to create a ‘target’ for the purpose of mistreatment and discrimination. Some on that list were not even members of the Christian group. Some of the names on the list had simply been ‘invited’ and not ‘joined’. This type of aggressive discrimination against

Christians is unacceptable and shameful. 5. A few Christian business owners in Eureka have been contacted and their businesses threatened by people filled with hate and indignation. This has happened many times in the past as well, and seems to be a source of fear and intimidation that goes unchecked in this community. It seems bullying has been permitted in Eureka Springs, as long as it’s against Christians and/or people who support the Passion Play. We must remember that we should not allow people to cause us to live in fear. I have openly called for Eureka area people to stop all forms of discrimination and hate filled speech and/actions; to unite with a common goal of promoting our city as a family vacation destination; and to please stop the vile insults, threats and degrading comments. Please do not pass laws which attempt to force people to go against their personal religious beliefs. I also implore people in Eureka Springs to pay close attention to which individuals have been behaving in unseemly, hateful, and in threatening ways, for the purpose of intimidating Eureka business owners and citizens. People who represent themselves in this manner should not be allowed to represent Eureka Springs in public office, nor should their views be honored by any of us. In Eureka Springs: We are better than this. We are under the influence of confusion and conflict. We are against discrimination and for unity. We won’t always agree on all things, but we can all care about each other and get along. I will be speaking 7 p.m. March 16 to 20 at the Great Hall of the Passion Play for the Passion for Christ Crusade.... where everyone will be welcome. Randall Christy, Www.greatpassionplay.org

Transgenders have suffered enough April 22, 2015 Dear Editor: As a physician, I want all patients to feel welcome in my clinic, so usually I don’t make public political statements. However, due to some of the incredible misinformation that I’m hearing in the discussion over Eureka Springs Ordinance 2223, I must speak out. I have read several letters and guest editorials -- in both local newspapers -- and seen multiple advertisements from those wishing to overturn Ordinance 2223 and have been angered at the outright lies and hateful misinformation concerning transgendered people. In my practice I have treated many transgendered folks. See Forum, page 22


Page 22 – Lovely County Citizen – December 31, 2015

Forum

Continued from page 21

I have treated their run-of-the-mill acute illnesses as well as their chronic illnesses. I also have helped many on their way to making their bodies match the gender that they know they really are. Additionally, I have known many transgendered people socially. I can state unequivocally that I have never met a transgender person who saw their situation as an opportunity to molest someone in the bathroom. I have never met a transgender person who chose to be transgender. Each and every one of these fine people were born knowing that the gender their minds told them they were didn’t match the sex of their bodies. The incredible struggle that transgendered people go through as they bring their bodies into alignment with who they are is long and painful.

To suggest that a transgender person wants Ordinance 2223 to pass so that they can go into a public restroom or locker room for voyeuristic intention or to “molest your daughters” is insulting and hateful and frankly demonstrates that those who say such things are either completely ignorant or willfully bigoted and, as far as I’m concerned, should be liable for slander. Being transgender isn’t a fad, it isn’t something someone has dreamed up. It’s a genuine biological condition that is recognized by every major medical association. Despite assertions to the contrary, being transgendered is a very real condition and one which causes enormous internal anguish and suffering until a person begins on that road to transitioning their body to their actual sex. Even after making that transition, trans people still suffer almost daily at the hands of bigoted people, most often with religious overtones. To the religious leaders who are

stirring up fear in our community using this hateful misinformation, I say shame on you. You are causing even more pain for a group of people you don’t like just so you can make political gains. I can’t imagine any action less Christ-like than that. For my part, I have never heard of a transgendered person using a public restroom of their true sex as a way to spy on others or molest someone. However, I can cite multiple examples of preachers who have used their position to molest children or have used public bathrooms to hook-up for sex. Specifically, I ask Pastor Wilson what makes him an authority on transgender people? Has he ever worked with a transgender person? Has he even met a transgender person? Did Pastor Wilson go to medical school? Does he have a degree in psychology from an accredited institution? I don’t know Pastor Wilson and, to my knowledge, I haven’t met him. I wouldn’t presume to accuse him

of being anything other than a decent human being. All I’m asking is that Pastor Wilson stop accusing people he’s never met and about whom he obviously knows so little, of despicable, heinous activity. I’ll close by quoting my favorite scripture from the Bible: “Beloved, let us love one another. For love is of God and everyone who loves is born of God, and knows God. The one who doesn’t love, doesn’t know God, for God is love.” -- 1 John 4:7-8. John House, M.D

Kindness is the answer April 22, 2015 Now, I know not ALL Christians advocate discrimination; nor do ALL Muslims. However, there are disturbing similarities between the Christians’ holy book, the Bible, and the Muslims’ holy book, the Quran. Here is only one example:

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December 31, 2015 – Lovely County Citizen – Page

(Quran 3:56) -- “As for those who reject faith, I will punish them with terrible agony in this world and in the Hereafter, nor will they have anyone to help.” (Matthew 13:42) -- They (the Son of Man’s angels) will throw them (the unrighteous) into the fiery furnace, where there will be weeping and gnashing of teeth.” In other words, both say that if one does not believe their particular religion, one gets thrown into a Muslim or Christian Hell. This is only one example of what both religions sanction: “We’re right and you’re wrong and if you do not believe as we say you must, Hell fire and Damnation upon you!” I think institutional, organized religions have caused so much suffering in the world. “This is my simple religion. There is no need for temples; no need for complicated philosophy. Our own brain, our own heart is our temple; the philosophy is kindness.” The Dalai Lama. There is no kindness when Isis murders Christians. There is no kindness when American Christian evangelist Scott Lively goes to Uganda to encourage their passing of the bill that demands death for homosexuals. He preached that here was a threat from homosexuals and that they were there to recruit their children. It may seem extreme to you, dear reader, to talk about murder and religious wars. However, fundamentalist Christians’ objections to Ordinance 2223 may be just the first step to more religious hatred and oppression towards those who are going to Hell (they say). The Founding Fathers (with all their contradictions) wisely insisted on the separation of church and state. No religion should interfere with any citizen’s right to life and happiness. Even Christian fundamentalists have the right to their beliefs but they should not

Lively

Continued from page 18

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demand that their beliefs be part of our government and laws. Kindness. That’s what we all need; not a dictatorship of any religion. T.A. Laughlin

DHS official responds

Aug. 6, 2015 We recently read your editorial in the Lovely County Citizen and wanted to address a few inaccuracies that I hope you will correct. Right now there are more children in foster care than ever before, which does put a strain on the system. These children were unsafe in their homes, and we strongly disagree with your statement that these children were “torn from the safety and security of his bed...” There is no benefit to us or to children to remove them from a home in which they can remain safely. That action is only taken when children are at risk. Had you called us, we would have let you know that last fiscal year alone we provided services to more than 6,000 families while the children remained in the home. We want to keep families together, and our staff works hard to provide them the support they need to make that happen. We’ve also implemented new programs in the last two years designed to keep more families out of the child welfare system. One is called Differential Response. It helps families address less serious allegations while the children remain in the home. So if we get a call alleging neglect because children are living in a dirty home with mice and bugs, Differential Response allows us to teach that family how to clean and arrange for extermination services. Sometimes, that’s all families need. Also, contrary to belief, there is no financial incentive to remove a child from the home. In fact, it is quite the opposite. We pay for the care of children in our custody out of the Division of Children and Family Los Roscoes, 5 p.m. to 7 p.m. • Chelsea’s: Open Mic, 9:30 p.m. • Legends Saloon (Lumberyard): Game Night: Texas Holdem and Pool Tournament, 7 p.m. WEDNESDAY, JAN. 6 • Brews, 2 Pine St., 479-244-0878: Open Mic, 6 p.m. to 8 p.m. • Grub & Pub Club 169: Wild Women Wednesdays, Ladies Night • Legends Saloon (Lumberyard): Game Night: Beer Pong, Jinga, etc.

Services (DCFS) budget, which is made up of state and federal funds. The more kids we have in care, the more it impacts our budget. However, we are not going to leave a child in a dangerous situation just because of a tight budget. We are committed to protecting the children of this state and will remove any child that is in an unsafe home. As for your point about accountability and transparency, the child welfare system operates on a system of check and balances. DCFS only has the authority to take children on a 72-hour emergency hold. Beyond that, a judge must sign off on all decisions made. Final placement decisions are made by a judge with input from DCFS, the parent’s attorney, the child’s attorney (called an ad litem) as well as CASA volunteers and therapists. All of these parties work together in the best interest of kids. If we do make the difficult decision to bring a child into care, our primary goal is reunification. In fact, 69 percent of the children who left foster care during the last quarter were reunified either with their own family or that of a relative. Arkansas, at 89 percent, exceeds the national average of 80 percent of children either going home, to a relative, or to an adoptive home. We know the system is not perfect, and the independent review that Governor Hutchinson ordered confirms that. But we’re all committed to finding ways to make improvements, including hiring more caseworkers to balance the caseloads. As the report pointed out, we highly value the safety of children in our care. We are dedicated to ensuring every child in Arkansas has a safe and secure place to live. Kate Luck, Public Information Coordinator Department of Human Services

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Page 24 – Lovely County Citizen – December 31, 2015

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