Lawsuit seeks to stop public vote on Fayetteville ordinance

FAYETTEVILLE — Representatives for Protect Fayetteville, the group opposing the city’s Uniform Civil Rights Protection ordinance, asked Washington County Circuit Judge Doug Martin on Monday to issue a permanent injunction blocking a public vote on the measure.

The lawsuit was filed less than 18 hours before the start of early voting for the Sept. 8 special election on the ordinance.

Travis Story, general counsel for Protect Fayetteville, said Monday the ordinance was improperly referred to voters by the City Council in June.

The group also argued in a news release that the ordinance violates state law and religious First Amendment freedom, has a misleading ballot title and recklessly spends taxpayer money.

“The ultimate goal is to say, ‘Fayetteville residents have already spoken on this,’” Story said.

Voters in a Dec. 9 special election repealed a similar Civil Rights Administration ordinance. An ordinance referring the current Uniform Civil Rights Protection law to voters passed through three readings at the Aug. 20 meeting. Both ordinances were aimed at prohibiting specific acts of discrimination against gay lesbian, bisexual and transgender residents, but the latest ordinance contains different language and procedures than the prior proposal.

County Clerk Becky Lewallen said Monday early voting will proceed as scheduled. Early voting is available from 8 a.m. to 4:30 p.m. Tuesday through Friday in the County Clerk’s office on the third floor of the Washington County Courthouse, 280 N. College Ave.

A hearing is scheduled at 9 a.m. Friday in Judge Martin’s courtroom.

The city of Fayetteville, Mayor Lioneld Jordan, all eight City Council members and Washington County’s three election commissioners were named as defendants in Protect Fayetteville's motion for declaratory judgment.

City Attorney Kit Williams disputed the group’s claim that the ordinance was improperly referred to voters.

Correction: A previous version of this story misstated when the ordinance was referred to voters. The error has been corrected.

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