Block Fayetteville LGBT Protections: Arkansas AG Appeal

FAYETTEVILLE, AR — Two years ago, Arkansas lawmakers passed a law saying cities couldn't adopt any protections that weren't already outlined by state law. Arkansas' civil rights law doesn't cover sexual orientation or gender identity.

Fayetteville was one of several cities that responded to the law by passing local protections for LGBT people. But in February, the state Supreme Court unanimously rejected the argument from Fayetteville and other cities with similar ordinances that their measures were legal. The cities said LGBT protections were covered elsewhere in state law.

Arkansas' attorney general is asking the state Supreme Court to prevent a city from enforcing an ordinance that bans discrimination based on sexual orientation or gender identity, her office said Friday, months after justices ruled the measure violated a law aimed at banning local protections for LGBT people. (For more information on the Fayetteville LGBT ordinance and other Across Arkansas stories, subscribe to Patch to receive daily newsletters and breaking news alerts. If you have an iPhone, click here to get the free Patch iPhone app.)

The justices sent the case back to a lower court and said they couldn't rule on the state law's constitutionality since it wasn't addressed in the lower court.

Attorney General Leslie Rutledge and opponents of the LGBT protections said the Fayetteville ordinance should be blocked in the meantime though, because the fight over the law's constitutionality could take months to resolve. But last week, a Washington County judge denied that request for a preliminary injunction.

Now, Rutledge said in a notice she'll appeal that decision. A spokesman for Rutledge declined to comment beyond the notice filed Friday.

Fayetteville City Attorney Kit Williams said the state and opponents so far have failed to show how anyone has been harmed by the ordinance remaining on the books.

"They can point to no business that's been denied its wish to discriminate against gays and lesbians, no landlord that has said, 'Oh ... now I can't evict my gay and lesbian tenants.' So there really has been no showing whatsoever of any irreparable harm that's in reality to any Fayetteville citizens or businesses because this ordinance has been in effect," Williams said.

By ANDREW DeMILLO, Associated Press

Photo credit: Shutterstock