Government’s ultimate weapon–FORCE….Freedom you say?               June 4, 2011

A vivid example is right here at home.  There is ample evidence that the taxpaying citizens of Fort Smith want no part of the prepared-food tax.  Note, the dedicated efforts and strong-armed vengeance put forth by city officials to deny the will of the people—the right to vote on this contentious issue.  It appears government entities now consider citizens as enemies. Would you dare call Fort Smith city a government of the people, by the people, for the people?

The first battle cry from the city was to use a portion of the dedicated street tax to be turned over to resuscitate the moribund Convention Center that morphed into a ½% food tax and ultimately evolved into a 1% prepared-food tax…far exceeding the Convention Centers monetary needs.  All the while citizens were and are demanding the city Board of Directors withdraw their support for the food tax.  This was accompanied by a clamor for a citizen vote which was denied by a vote by the Board of Directors which passed the tax compliments of the Terrible Four (Good, Merry, Tyler, Weber—what is their angle?).  The four and Mayor Sanders have shown no regard for their constituents by forcing restaurants to involve themselves in another unconstitutional practice of collecting money for the city and certainly no regard for the cost of implementing and sustaining the city’s tax collection system.

When the citizens’ petition efforts were thwarted by highly questionable means the citizen’s challenged the defeat and a judge put the tax on hold.

In other words the city turned a blind eye to the known wishes of the taxpayers.  On this issue citizens against a corrupt, bullying government filed a lawsuit against the heavy handedness being administered against restaurateurs and citizens against the prepared-food tax by city government…especially in view of these very hard economic times.

At the present time there appears to be a number of curious, unexplained, nefarious activities being produced by the city administration.

    Using city police to serve subpoenas.  Who authorized and what is the authority? It is commonly understood that it is the county sheriff’s duty to deliver subpoenas. What says the Sheriff?  Was the act accomplished by city attorney Jerry Canfield and assistant attorney Rick Wade, or City Manager Gosack, or the Board, or who?  Was this action meant to intimidate the citizens and instill fear?  It appears that the city used overkill sending big black SUV’s around that look like Sherman Tanks—a show of force. In view that the police were dealing with legitimate business practitioners, in order not to embarrass or incite customers and/or neighbors would it not have been the civil thing to do so by arriving in unmarked cars?  This would have alleviated some embarrassment and resentment felt by subpoena recipients.
    What is Police Chief’s and/or Sheriff’s position on this matter?
    Some non-issue questions were asked by one or more officers regarding what might be known of owners or others behavior.  Is that pertinent?
    Are records being kept regarding the issuance & serving of subpoenas?
    Another curious activity, with each subpoena was a check to the recipient drawn on the account of a private law firm, signed by city attorney Jerry Canfield.  How is it that a private law firm can pay for a quasi-city function?

Perhaps there are legitimate answers to these concerns and it behooves the city administration to amplify and clarify, but there is no indication that is about to happen.

Governments, top/down, are amenable to using whatever means at their disposal to achieve their desired mission.   The extreme response shown by the city government to deny the will of the people indicates there is something very rotten in Denmark, and finally, if the administration were acting honorably on the food tax issue they would call a special meeting to allow the prepared-food tax issue to be voted on.  The informal request has been made on a previous occasion.

Fort Smith city government’s show of force is chilling.

Kindest regards,

Joe McCutchen