The city of Bryant responded Thursday in court filings and a news release to allegations in an Aug. 17 federal lawsuit that the city discriminates against the Hispanic residents of a mobile home park on the city's edge.
"The city of Bryant denies any allegations that have been made regarding these claims. We do not, and will not, condone any discrimination whatsoever," said the news release issued by Mayor Jill Dabbs' office. "We have strong city policies against discrimination, and you can be assured, any violation of these policies will be dealt with accordingly if or when they occur."
The lawsuit was filed by Mary Bivens, who operates the B&M mobile home park, which she says is occupied by mostly poor, Hispanic residents. The suit alleges that the city overcharges the residential area for water and sewer, that city officers arbitrarily and selectively enforce building codes and animal ordinances, and that police arbitrarily and selectively stop, inspect, search and ticket Hispanic residents of the park, as well as their guests, often causing them to have their vehicles impounded and forcing them to pay towing and storage fees.
Ultimately, the lawsuit alleges, the city's efforts are designed to force the Hispanic residents to leave the city.
Citing the suit's failure to comply with court procedures, U.S. District Judge D. Price Marshall Jr. has denied a hearing on a request from Bivens' attorney, Sandy McMath of Little Rock, for a temporary restraining order that would limit the city from interfering with the park's water and sewer for the time being. But Marshall has said he will set a hearing on the request if the procedural deficiencies are corrected.
The city's response to the lawsuit and the restraining order request in court documents also cites procedural deficiencies, and complains that Bivens "cites no law justifying the relief requested, ... fails to even cite a rule providing for the possibility of the relief requested, and attaches no evidence supporting any claim made in the motion."
Attorneys Michael Mosley and Chris Madison denied, on the city's behalf, that its water service to the mobile home park has been "erratic or unpredictable," as Bivens claims. While the city has replaced the park's single water supply meter, the filing asserts that Bivens is "not telling the court ... the entirety of the story."
It asserts that Bivens, who uses a single water supply meter and a single sewer meter, is responsible for installation and maintenance of all lines providing water and sewer service to the park's 60 residential lots.
"Plaintiff's property is nothing short of a nuisance," the response contends, citing attached photographs depicting sewage, exposed sewer pipes and sewage water, "among other public health and safety hazards."
Bivens "fails to explain ... that all the city has done is try to make her insufficient single meter system work for the residents of the mobile home park," the attorneys wrote. "Indeed, the city upgraded the water supply connection ... at no additional cost to the plaintiff, to facilitate water service for residents of the back of the park who before either had sporadic service or no water pressure at all."
Metro on 09/04/2015