Fayetteville LGBT Rights Ordinance: Arkansas AG Seeks Pause

FAYETTEVILLE, AR — Arkansas has asked a judge to block enforcement of a Fayetteville ordinance that bans discrimination based on sexual orientation or gender identity.

Arkansas Attorney General Leslie Rutledge and a group opposed to the anti-discrimination ordinance requested a preliminary injunction against the measure from a Washington County circuit judge. The state Supreme Court ruled that the ordinance violated a state law that prevents cities from enacting protections that aren't covered by state law. Arkansas' civil rights law currently doesn't cover sexual orientation or gender identity.

Justices sent the case back to the Washington County court and said they couldn't rule on the constitutionality of the state law because it wasn't addressed in the lower court. Rutledge and Protect Fayetteville say in the fight over the law's constitutionality might take months to resolve, so the local ordinance should be blocked in the meantime. (For more information on this and other neighborhood 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.)

"If a preliminary injunction is not issued, enforcement of Fayetteville Ordinance 5781 will prevent the state of Arkansas from fully implementing the purpose and goals of the Interstate Commerce Improvement Act," their court filing said. "Prevention of the state's policy of statewide uniformity in antidiscrimination law constitutes irreparable harm."

Attorneys for Fayetteville did not immediately return messages seeking comment late Friday afternoon. The American Civil Liberties Union of Arkansas, which represents LGBT residents in Fayetteville who have intervened in the case, said it would oppose the effort to block the ordinance.

"Fayetteville's ordinance has been in place for nearly two years. There is no need for an injunction against it and we will oppose their request," ACLU of Arkansas Legal Director Holly Dickson said.

Fayetteville is one of several cities that approved local protections for lesbian, gay, bisexual and transgender people in response to the 2015 law. In their unanimous ruling in February, justices rejected the argument that Fayetteville and other cities with such ordinances have made that such protections are covered elsewhere in state law.

By ANDREW DeMILLO, Associated Press

Photo credit: Danny Johnston/Associated Press