FORT SMITH -- The city doesn't have to reinstall the Flags Over Fort Smith display at Riverfront Park, but it must keep the flags and brass plaques formerly displayed, according to Sebastian County Circuit Judge Gunner DeLay's ruling Tuesday.
The display featured flags that have flown over Fort Smith since 1699 and included the French Fleur-De-Lis; the Spanish Cross of Burgundy; the French Tri-Color Flag; the U.S. 15-star, 20-star, and 24-star flags; and the Confederate flag.
The waiver request to determine the disposition of the Riverfront Park flag display was the first to go before the Arkansas History Commission since the Arkansas State Capitol and Historical Monument Protection Act became law.
The monument act became law in April 2021. It states except as permitted by law or authorized under the Arkansas History Commission, a historical monument cannot be moved, vandalized, damaged, destroyed, removed, altered, renamed or otherwise disturbed. However, the act doesn't prohibit a governmental entity having responsibility for maintaining a historical monument from taking proper measures for the protection, preservation, care, repair or restoration of a monument.
The city tried to get new flags for the display two years ago but learned the vendor no longer sold Confederate flags. The city decided the flags wouldn't be reinstalled and instead attempted to replace them with flags representing the six branches of the military.
Earlier this month, a state panel decided the city must keep the Confederate flag as part of its display if the city wants to restore the monument.