Crawford County seeks more time to negotiate judgment amount in library lawsuit

by Michael Tilley (mtilley@talkbusiness.net)

Lawyers for Crawford County on Wednesday (Oct. 23) sought an extension to respond to the settlement of a financial award in a lawsuit related to the removal and relocation of books in the county’s library system.

U.S. District Judge P.K. Holmes III ruled Sept. 30 against Crawford County in a First Amendment lawsuit regarding the removal and relocation of books largely because of objections from citizens to LGBTQ content.

In his decision, Holmes states that the “Court finds that even when the evidentiary record is construed in the light most favorable to the Defendants, it is indisputable that the creation and maintenance of the social section was motivated in substantial part by a desire to impede users’ access to books containing viewpoints that are unpopular or controversial in Crawford County.”

Crawford County seeks more time to negotiate judgment amount in library lawsuit

Judge hears arguments in Arkansas LEARNS indoctrination case

KUAR | By Josie Lenora

A federal judge Wednesday did not make a ruling after hearing arguments in a lawsuit over how race can be taught in Arkansas schools.

The state is trying to dismiss a case challenging Section 16 of the Arkansas LEARNS Act, which prevents educators from teaching “prohibited indoctrination including Critical Race Theory.” Under the law, teachers are also not allowed to teach anything that could “encourage discrimination.”

After the law passed, an AP African American Studies class was briefly removed from the state’s curriculum before being reinstated. A group of lawyers, along with local parents, teachers and students are suing the state. They argue the law has a vague chilling effect that makes teachers' jobs difficult, discriminates against Black people and amounts to “viewpoint discrimination.”

Judge hears arguments in Arkansas LEARNS indoctrination case

Josie Lenora/Little Rock Public Radio

Attorney Mike Laux (far right), addresses the media after a hearing on a lawsuit challenging Arkansas' ban on teaching "indoctrination" and Critical Race Theory in Little Rock Wednesday, Oct. 23, 2024.

Arkansas Attorney General Tim Griffin co-leads challenge to federal rule that would reduce monitoring of prisoners' calls

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after he and Indiana Attorney General Todd Rokita filed a lawsuit on behalf of Arkansas, Indiana, and 12 other state attorneys general challenging the Federal Communications Commission’s (FCC) new rule that regulates phone service providers in prisons:

“The FCC can’t dictate to Arkansas prisons how they negotiate cost-sharing agreements with service providers, and it can’t arbitrarily and capriciously pre-empt state laws regulating prison operations. Funds derived from inmate phone use go toward covering needed security measures. Without proper security measures, what would stop inmates from conducting criminal operations over the phone? The FCC’s regulations are disconnected from the economic and practical reality of providing communication services to inmates, and they exceed the FCC’s statutory authority.

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“If these regulations go into effect, no one will benefit because prisons won’t be able to provide adequate security for phone calls prisoners make, and prisons may simply discontinue existing communication services, which means inmates won’t be able to make calls at all.”

Prisons negotiate contracts with communications service providers based on rate caps set by the FCC and use their portion of the revenue from these contracts to fund security measures and services that benefit inmates, including access to online legal libraries and remote religious services. The FCC’s new rule drastically reduces the rate caps, thereby making it nearly impossible for prisons to continue to invest in security measures to monitor calls.

Joining Griffin and Rokita on the lawsuit were the attorneys general of Alabama, Florida, Georgia, Idaho, Iowa, Missouri, Ohio, South Carolina, South Dakota, Tennessee, Utah, and Virginia.

To read a copy of the complaint, click here.

Judge rules against Crawford County Library’s ‘social section’ censorship

by Tina Alvey Dale (tdale@talkbusiness.net)

U.S. District Judge P.K. Holmes III ruled against Crawford County in a First Amendment lawsuit regarding the removal and relocation of books largely because of objections from citizens to LGBTQ content.

In his ruling, issued Monday (Sept. 30), Holmes said the books in question are to be returned to their original locations in the county’s libraries. (Link here for the ruling.)

Attorney Brian Meadors filed a federal complaint May 30, 2023, against book censorship actions by the Crawford County Public Library System. The Crawford County Library earlier in 2023 approved the relocation of books largely with LGBTQ content. Attorneys representing the Crawford County Library System argued that the relocation of LGBTQ books was not a First Amendment violation and instead “strikes a balance” that is “constitutionally compliant” and meets the standards of the community.

Judge rules against Crawford County Library’s ‘social section’ censorship

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Supreme Court orders signature count on medical marijuana measure

by Roby Brock (roby@talkbusiness.net)

The day after an advocacy group filed a lawsuit over the rejection of its signatures, the Arkansas Supreme Court on Wednesday (Oct. 2) ordered the disputed signatures of a proposed medical marijuana amendment, Issue 3, to be counted and it approved an expedited hearing to decide if the measure would be on the Nov. 5 ballot.

On Monday (Sept. 30), Arkansas Secretary of State John Thurston said Arkansans for Patient Access (APA), the ballot question committee seeking approval of Issue 3, did not meet the signature threshold of 90,704. Thurston cited incorrect filings of signatures as his reason for the rejection.

The state’s high court ordered the following actions take place in response to the filing by Arkansans for Patient Access:

• A preliminary injunction is granted;

• Secretary of State John Thurston must verify the disputed signatures;

• The group’s requested hearing on Thurston’s decision will be expedited; and

• A special master will not be appointed to the case, in opposition to APA’s request.

Supreme Court orders signature count on medical marijuana measure

Arkansas Attorney General Griffin announces lawsuit against Google, YouTube, and parent company Alphabet

Griffin: ‘YouTube has profited substantially off young Arkansans because it deliberately designed its platform to be addictive’

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement announcing that he has filed a lawsuit in Phillips County Circuit Court against Google LLC, YouTube LLC, XXVI Holdings, Inc., and parent company Alphabet, Inc. for engaging in deceptive and unconscionable trade practices in violation of the Arkansas Deceptive Trade Practices Act (ADTPA):

“YouTube has deceived users and parents about the safety of its platforms for youth. YouTube has profited substantially off young Arkansans because it deliberately designed its platform to be addictive by using features to keep users engaged for as long as possible.

“Google has deliberately designed and marketed YouTube to exploit and addict young users, contributing to a mental health crisis in Arkansas. The majority of children aged 13 to 17 report using YouTube every day.

“One of the gravest public health threats to children in the United States today is the soaring rate of mental and behavioral health disorders, including depression, self-harm, body dysmorphia, and increased suicidal thoughts and attempts at suicide. This increase in mental health problems among children is the result of calculated efforts by social-media companies like YouTube to attract and addict youth to their platforms and to grow revenues without regard for the harmful effects that these companies know exist.”

This lawsuit continues Griffin’s commitment to protect children and families from the dangers of social media. In 2023, Griffin sued Facebook, Instagram, Meta, and TikTok for deceiving users and parents about the safety of their apps. Earlier this month, Griffin joined a bipartisan coalition of 41 other attorneys general in sending a letter urging Congress to pass legislation requiring a U.S. Surgeon General warning label on all algorithm-driven social-media platforms.

For a copy of the lawsuit, click here.

Tyson Foods sued over ‘climate-smart’ product claims

by Talk Business & Politics staff (staff2@talkbusiness.net)

Environmental Working Group (EWG) has sued Tyson Foods over the company’s “climate-smart” claims. The civil suit was filed Sept. 18 in the District of Columbia Superior Court and backed by animal rights and environmental groups such as the Animal Legal Defense Fund, FarmSTAND and Earthjustice.

The suit claims Springdale-based Tyson is making false claims under the Consumer Protection Procedures Act in the District of Columbia because consumers are looking for these “greener products”.

“Tyson knowingly capitalizes on these well-intentioned preferences in advertising in numerous outlets a pledge to achieve ‘net-zero’ climate emissions by 2050 and marketing ‘climate-smart’ beef,” the lawsuit noted.

Tyson Foods sued over ‘climate-smart’ product claims

Attorney General Griffin's Family Dollar rat infestation lawsuit to proceed

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after a Pulaski County Circuit judge yesterday denied a motion to dismiss Griffin’s lawsuit against Family Dollar for violating the Arkansas Deceptive Trade Practices Act (ADTPA):

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“I applaud the court’s decision to permit this case to proceed. Family Dollar knew about the prevalent rodent infestation in its West Memphis distribution center and failed to warn Arkansas consumers that the goods they were purchasing had been exposed to thousands of rodents. I will continue to vigorously pursue this matter to hold Family Dollar accountable for these unconscionable acts.”

Between 2020 and 2022, Family Dollar’s West Memphis distribution center had a massive rodent problem. Between March 2021 and January 2022, 3,400 rodents were removed after state and federal inspectors intervened. The Office of the Attorney General sued Family Dollar for multiple violations of the ADTPA as well as negligence, strict liability, and unjust enrichment.

Earlier this year, the U.S. Attorney for the Eastern District of Arkansas accepted a guilty plea from Family Dollar in a federal criminal case related to rat infestation. Part of the plea agreement was a fine and forfeiture of more than $41 million.

To read the ruling, click here.

For a printer-friendly version of this release, click here.

$6 million settlement finalized in Sebastian County jail death case

by Michael Tilley (mtilley@talkbusiness.net)

A $6 million settlement has been reached in a lawsuit related to the 2021 death of Larry Price Jr., in the Sebastian County Jail. As expected, the settlement will cost Sebastian County $3 million, which the Quorum Court approved on Aug. 20.

A lawsuit was filed Jan. 13, 2023, in the U.S. District Court for the Western District of Arkansas seeking a jury trial. The case was assigned to U.S. District Judge P.K. Holmes III. Sebastian County and Turn Key Health Clinics, the company contracted to provide medical care at the jail when Price died, were named as defendants. The lawsuit was filed by Seattle-based Budge and Heipt on behalf of the Price family.

In August 2020, Price, who had a history of mental illness and had several interactions with law enforcement, entered a Fort Smith police station where he was alleged to be verbally threatening and pointed his fingers in the shape of a gun. He was charged with making terroristic threats and booked into the Sebastian County Jail with bail set at $1,000. Unable to make bail, Price would remain in the county jail, often in solitary confinement, for more than a year. He would die on Aug. 29, 2021.

$6 million settlement finalized in Sebastian County jail death case

Larry Price’s body was photographed Aug. 29, 2021, after being pronounced dead at the Mercy Fort Smith hospital.

Federal judge temporarily blocks ‘wet signature’ rule for Arkansas voters

KUAR | By Antoinette Grajeda / Arkansas Advocate

A federal judge on Thursday temporarily blocked the implementation of a new rule barring the use of electronic signatures on Arkansas voter registration forms except at certain state agencies.

State lawmakers in May approved an emergency rule drafted by the Arkansas Board of Election Commissioners that requires a “wet signature,” meaning signing with a pen, on voter registration applications unless they’re completed at state agencies, like the DMV.

In June, voter advocacy group Get Loud Arkansas challenged the rule with a lawsuit filed in the U.S. District Court for the Western District of Arkansas against Secretary of State John Thurston, the Arkansas State Board of Election Commissioners and the county clerks of Benton, Pulaski and Washington counties.

Federal judge temporarily blocks ‘wet signature’ rule for Arkansas voters

Antoinette Grajeda/Arkansas Advocate

John Paul Hammerschmidt Federal Building in Fayetteville.

Republican Party of Arkansas facing internal lawsuit

KUAR | By Josie Lenora

A lawsuit has been filed stemming from the Republican Party of Arkansas’ decision to hold closed primaries. 

At a biennial convention in June, the party voted to close their primaries. This would mean that only registered Republicans could vote in primary elections. Hypothetically, having closed primaries could make winning candidates more conservative, as they would be chosen by a voter pool of people only within their own party.

The suit is being brought by state Republican Convention Chair Jennifer Lancaster. The lawsuit says the Arkansas GOP’s internal rules give them the power to make this change. Weeks after the vote, party chairman Joseph Wood nullified the decision claiming the party violated their own rules in making the decision. The disagreement represents a current disagreement in the party over ideology and rule implementation.

Republican Party of Arkansas facing internal lawsuit

Michael Hibblen/Little Rock Public Radio

The suit is asking for the primaries in Arkansas to be closed after the state Republican Party voted to close them this year.

Arkansas Supreme Court allows more parties to join abortion signature lawsuit

KUAR | By Josie Lenora

A lawsuit seeking to put a proposal to legalize abortion in Arkansas on the November ballot has been expanded to add more plaintiffs. On Tuesday, two other ballot question groups had their request to intervene as parties in the suit granted.

Arkansans For Limited Government has been working since February to put an amendment on the 2024 ballot legalizing abortion up to the 18th week of pregnancy. The group collected over 100,000 signatures, more than the over 90,000 needed to get their proposal on the ballot.

Secretary of State John Thurston said about 14,000 signatures collected by paid canvassers had to be thrown out. He said the group did not turn in the proper paid canvasser paperwork. It's unclear if this is true, as FOIA requests show documents similar to the ones he claims were missing were turned in. Thurston then said, affidavits submitted by the group were signed by the representatives of AFLG, which are the wrong people.

Arkansas Supreme Court allows more parties to join abortion signature lawsuit

Courts.Arkansas.Gov/Courts.Arkansas.Gov

The Arkansas Supreme Court is allowing two other parties to join the abortion signature lawsuit.

Pro-choice group sues Arkansas Secretary of State

KUAR | By Josie Lenora

A pro-choice group is suing Secretary of State John Thurston over a recent decision to toss out signatures gathered in support of loosening the state's strict abortion laws. They plan to take the case to the state supreme court. Arkansans For Limited Government put forward an amendment that, if approved by voters, would have legalized abortion in Arkansas up to the 18th week of pregnancy. The group collected over 101 thousand signatures, exceeding the baseline of 90 thousand. 14 thousand were collected by paid canvassers.

Secretary of State John Thurston threw out the signatures over a technicality several days later, saying the group broke Arkansas’ strict laws about paid canvassers when submitting paperwork.

Thurston said he was missing two documents. In a letter sent to the group on July 10th, he said he was missing a list of paid canvassers names and evidence they had read the handbook. He later said the group had turned in the paperwork too early.

Pro-choice group sues Arkansas Secretary of State

Courts.Arkansas.Gov/Courts.Arkansas.Gov

Supporters of an effort to legalize abortion in Arkansas filled suit in the state supreme court.

Circuit court denies TikTok's motion to dismiss, deceptive trade practices lawsuit will continue in Union County

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after the Union County Circuit Court denied a motion by TikTok and its parent company, ByteDance, to dismiss Griffin’s lawsuit against the social media platform:

“I applaud the court’s decision to allow our lawsuit against TikTok and ByteDance to proceed. This marks the third time this year that a lawsuit I have brought against a social media platform has cleared this important legal hurdle.

“TikTok argued that the court did not have personal jurisdiction over the defendants in this case, that our claims under the Arkansas Deceptive Trade Practices Act should fail, and that the claims are preempted. The court rightfully rejected all three arguments.

“Arkansas is leading the way in holding social media platforms accountable for how they represent themselves to customers and the type of content and algorithms they contain. I will continue to stand up for Arkansans and ensure TikTok keeps our private information out of the hands of the Chinese government.”

To read a copy of the court’s decision, click here.

For a printer-friendly version of this release, click here.

Attorney General Tim Griffin sues pharmacy benefit managers for roles in Arkansas opioid epidemic

LITTLE ROCK – Attorney General Tim Griffin today announced he has filed a lawsuit against pharmacy benefit managers (PBMs) Optum, Inc., and Express Scripts, Inc., and their subsidiaries for their roles as a cause of the opioid epidemic in Arkansas and issued the following statement:

“Pill by pill and dollar by dollar, PBMs enabled the opioid epidemic in Arkansas. Today, we begin the process of holding them accountable for their roles in a crisis that has ravaged our state—a crisis they helped cause, contributed to, and furthered.

“The PBMs benefited financially from the opioid crisis in Arkansas by negotiating favorable deals with opioid manufacturers while at the same time forgetting the interests of Arkansans who received prescriptions. Instead of protecting consumers by leveraging data to curb excessive prescriptions, PBMs focused on the financial incentives of manufacturer rebates to drive profits at the expense of people.”

Between 2006 and 2014, Arkansas was flooded with almost 1.5 billion units of addictive opioids. By 2016, Arkansas had the second-highest opioid prescription rate in the nation, with 114.6 opioids being dispersed for every 100 Arkansans—nearly twice the national average and enough to supply every man, woman, and child in Arkansas 78 opioid doses each.

The suit, filed in Pulaski County Circuit Court, alleges that the PBM defendants:

• Fueled the opioid epidemic in Arkansas by increasing opioid utilization by placing opioids on lower tiers of their formularies, controlling what less addictive pain treatments were available to patients, and falsely representing that their formularies were designed to be cost effective and achieve favorable health outcomes but instead were designed to maximize profits;

• Operated online retail pharmacies that dispensed billions of morphine milligram equivalents of opioids while failing to follow state and federal laws on controlled substances; and,

• Were aware of the opioid epidemic in Arkansas and failed to take any action.

Griffin is asking that PBMs be held accountable for creating a public nuisance through their actions, being negligent in their actions, and unjustly enriching themselves.

To read a copy of the lawsuit, click here.

Lawsuit challenges Arkansas voter registration rules

KUAR | By Josie Lenora

A local group is suing over a rule regarding how voter registrations are done in the state.

Get Loud Arkansas created a website allowing people to register to vote online. In April, an Arkansas legislative committee moved to prevent this process from being used, saying applications now need to have a “wet signature.” This means voter applications must be filled out in person and only at certain state agencies. The rule change was approved by the Arkansas Board of Election Commissioners a week later.

GLA is suing along with plaintiffs Nickki Pastor and Trinity “Blake” Loper, both 18-year-olds whose voter registrations were rejected since they filled out their paperwork online. The suit is against the commissioner of the State Board of Elections, Secretary of State John Thurston and several county clerks. Get Loud Arkansas says the rule violates the rights of minority voters in a state with consistently low voter turnout.

Lawsuit challenges Arkansas voter registration rules

Sonny Albarado/Arkansas Advocate

Get Loud Arkansas hosted a rally outside the state Capitol on April 23, 2024 following the Arkansas Board of Election Commissioners’ decision to limit the use of electronic signatures on voter registration applications.

Arkansas Attorney General Tim Griffin files motion to reconsider erroneous order in Arkansas's lawsuit challenging unlawful ATF rule

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement after filing a motion for reconsideration in a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ new unlawful rule expanding the definition of who must become a federally licensed firearms dealer:

“On May 1, I co-led a multistate lawsuit challenging the ATF’s rule that radically expanded the definition of who must be a federally licensed firearms dealer. I filed suit against the ATF because only Congress can make laws, and Congress has never passed into law the ATF’s dramatic new expansion of firearms dealer license requirements.

“Last week, a federal district court in Little Rock ordered our case to be transferred to a federal district court in Kansas. That order dismissed Arkansas from the case on the grounds that the state would financially benefit from the ATF rule. But that’s not the case, and the Little Rock court’s order only concluded otherwise by ignoring basic tax law. That’s why we’ve asked the Kansas court to reconsider and correct the Little Rock court’s flawed order.

“Moreover, in ordering our case’s immediate transfer, the Little Rock order also violated Eighth Circuit Court of Appeals precedent requiring ‘district court clerks [to] … wait a reasonable period before transferring case files after a transfer order is entered.’ That precedent exists to ensure the Eighth Circuit can review and correct erroneous transfer orders before they become effective, yet the Little Rock order unlawfully short-circuited that process, depriving Arkansas of the opportunity to obtain reversal of the district court’s erroneous order.

“The ATF’s unlawful rule is yet another in a long line of federal overreaches by the Biden administration. This rule harms Arkansans, and Arkansas’s standing in the case should never have been in question. I look forward to continuing to defend the people of Arkansas—even if an erroneous ruling requires me to do so in Kansas.”

To read the brief in support of motion for reconsideration, click here.

For a printer-friendly version of this release, click here.

Attorney General Tim Griffin files lawsuit against Ticketmaster/Live Nation, joins U.S. Department of Justice and 29 other Attorney Generals

LITTLE ROCK – Attorney General Tim Griffin today announced that he has joined the U.S. Department of Justice and a bipartisan coalition of 29 other attorneys general in filing an antitrust lawsuit against Ticketmaster and its parent company Live Nation Entertainment, Inc., over its illegal monopoly of the live entertainment industry:

“Arkansans—whether they are concert goers, artists, or venue operators—are at the mercy of Live Nation and Ticketmaster when it comes to live entertainment. Live Nation’s monopoly dictates which artists play where, prevents venues from using other ticketing companies at the risk of losing access to artists, and milks fans with large service fees in a so-called marketplace where there is a paucity of choice. Live Nation is also in violation of Arkansas’s prohibition on monopolies and our state’s Unfair Practices Act.”

In the lawsuit, filed in the U.S. District Court for the Southern District of New York, the DOJ and coalition states allege that Live Nation has:

• Harmed fans through higher fees and limited the amount of information fans have regarding the ultimate cost to see a show. Fans’ ticketing experience—from buying a ticket to showtime—is also worse than it would be if the industry were competitive.

• Maintained its monopoly in ticketing markets by locking up venues through restrictive long-term, exclusive agreements and threats that venues will lose access to Live Nation-controlled tours and artists if they sign with a rival ticketer.

• Leveraged its extensive network of venues to force artists to select Live Nation as a promoter instead of its rivals, maintaining its promotions monopoly.

The DOJ and coalition states are asking the court to prohibit Live Nation from engaging in its anticompetitive practices; order Live Nation to divest its ownership of Ticketmaster; and order Live Nation to pay civil penalties for its violations of law.

Joining Griffin in the suit are the attorneys general from: Arizona, California, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

To read the complaint, click here.

For a printer-friendly version of this release, click here.

Plaintiffs discuss ongoing lawsuit against Arkansas critical race theory ban

KUAR | By Josie Lenora

A group of teachers and students in Arkansas is suing the state over a law that was used to restrict an advanced placement African American studies course. They say the law is vague and creates a chilling effect because it tries to limit how race is talked about in classrooms.

Ruthie Walls, a history teacher at Central High School in Little Rock, is one of a handful of educators who teach AP African American Studies. Last August she was preparing for the school year, when she found out her class was canceled by the state.

“No one wants to get news like that,” she said. “I was taken off guard and I had to continue with the day.”

Plaintiffs discuss ongoing lawsuit against Arkansas critical race theory ban

Tess Vrbin/Arkansas Advocate

From left front: Gisele Davis, Chandra Williams-Davis, Ruthie Walls, Sadie Belle Reynolds and Jennifer Reynolds are five of the seven plaintiffs challenging Section 16 of the Arkansas LEARNS Act in federal court.

Four Arkansas laws regulating voting will stay in place

KUAR | By Josie Lenora

The Supreme Court of Arkansas on Thursday overturned a lower court ruling in a lawsuit challenging four new voting laws.

The League of Women Voters of Arkansas and Arkansas United brought a lawsuit against the four laws passed in 2021. Among many things, the laws make it slightly harder to vote absentee or without a state photo ID.

On March 24, 2022, a lower court granted a permanent injunction against the laws, meaning they were halted from being enforced. On Thursday, the Arkansas Supreme Court reversed that decision.

The majority opinion was written by Associate Justice Cody Hiland, a former federal prosecutor who was recently appointed to the high court by Gov. Sarah Sanders after leading the Republican Party of Arkansas.

Four Arkansas laws regulating voting will stay in place

Courts.Arkansas.Gov

Writing for the majority, Arkansas Supreme Court Associate Justice Cody Hiland said four voting laws do not violate the state Constitution.