{"id":797,"date":"2007-04-23T19:20:00","date_gmt":"2007-04-23T19:20:00","guid":{"rendered":"http:\/\/www.arkansasfreedom.net\/?p=797"},"modified":"2007-04-23T19:20:00","modified_gmt":"2007-04-23T19:20:00","slug":"illegal-mexican-consulate-opening-this-week","status":"publish","type":"post","link":"https:\/\/arkansasfreedom.net\/?p=797","title":{"rendered":"Illegal Mexican Consulate opening this week"},"content":{"rendered":"

The
\nlocal Times Record ran this story today citing Joe as protesting a \u00e2\u20ac\u0153state
\nfacility\u00e2\u20ac\u009d.  <\/span>No mention of violation of
\nArticle 1, Section 10 of the U.S. Constitution\u00e2\u20ac\u00a6formulated by former Gov.
\nHuckabee and now embraced by current governor Beebe.  <\/span>All Arkansas elected officials are complicit
\nin this crime, subverting U.S. law and betraying Arkansas citizens.<\/o:p><\/span><\/font><\/b><\/p>\n

Log
\non to arkansasfreedom.net<\/a> for
\ndetails and documentation.<\/o:p><\/span><\/font><\/b><\/p>\n

We
\nwill respond shortly to the inaccuracies of the story and have implemented
\nlitigation today against Ark. Rehabilitation Services & Robert P. Trevino
\nin his official capacity as Commissioner of Ark Dept of Workforce Commission\u00e2\u20ac\u00a6see
\nlawsuit below without exhibits A thru F\u00e2\u20ac\u00a6for failure to respond to two Freedom
\nof Information requests which will identify those citizens who signed an
\nagreement to subsidize the Mexican Consulate for up to six years.<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

New
\nHome For Mexican Consulate In Little Rock Set To Open<\/o:p><\/span><\/font><\/b><\/p>\n

This
\narticle was published on Sunday, April 22, 2007 6:57 PM CDT in News<\/o:p><\/span><\/font><\/b><\/p>\n

By
\nRob Moritz
\nThe Morning News<\/o:p><\/span><\/font><\/b><\/p>\n

LITTLE ROCK — A grand opening is
\nplanned for Arkansas’ new Mexican Consulate this week amid fanfare by
\nsupporters pushing economic prospects and protest by an opponent who warns of a
\nsurge of illegal immigrants into the state.<\/p>\n

Mexican food and entertainment will highlight the grand opening Wednesday at
\nthe consulate office, housed in a former ice cream parlor across from the
\nUniversity of Arkansas at Little Rock.<\/p>\n

About 300 state and local dignitaries are expected to attend the festivities,
\nwhich also will include the signing of an official sister cities agreement
\nbetween Little Rock and Pachuca in the Mexican state of Hidalgo, event
\ncoordinator Liliana Olea said.<\/p>\n

Meanwhile, immigration opponent Joe McCutcheon of Fort Smith said he planned to
\nair radio advertisements opposing the consulate, beginning today.<\/p>\n

Supporters say the consulate will help thousands of Mexican immigrants living
\nin Arkansas who now must travel to Dallas, Kansas City and Atlanta for
\nassistance. It is to house about a dozen employees.<\/p>\n

Gov. Mike Beebe also emphasized the business contacts the consulate could
\nfacilitate.<\/o:p><\/span><\/font><\/b><\/p>\n

“Any time you have a foreign
\ngovernment that chooses your city for a location, it’s potentially an economic
\nboost, it’s certainly a cultural boost and it certainly allows interaction
\nbetween people that have a kinship to whatever country that might be,”
\nBeebe said Friday.<\/p>\n

Beebe said he would be out of town Wednesday and unable to attend the opening
\nceremonies. Lt. Gov. Bill Halter is expected to attend.<\/p>\n

The Mexican consul for Arkansas, Andres Chao, who formerly worked in the
\nconsulate office in New York, did not return calls seeking comment.<\/p>\n

Supporters say the consulate not only will provide Arkansas businesses with
\naccess to Mexico and opportunities to expand their markets, but also will help
\nto ensure that immigrants from Mexico are in the state legally.<\/p>\n

The idea of establishing a Mexican consulate in Arkansas was first discussed by
\nformer Gov. Mike Huckabee after his trip to Mexico City in 2003.<\/p>\n

Last year, Huckabee struck a deal with Mexican officials to house the consular
\noffice in a state agency office for $1 a year while the consulate facilities
\nwere being refurbished. At the time, some lawmakers complained the governor
\nmade the deal without notifying the Legislature.<\/p>\n

McCutcheon, whose anti-immigration activism has landed him on a civil rights
\ngroup’s watch list, said Friday his radio ads opposing the consulate would run
\nthrough Wednesday on several Arkansas radio stations in Little Rock and western
\nArkansas.<\/p>\n

He contended the consulate would lead to relaxed immigration laws and open the
\ndoor to more illegal immigrants, an influx he said would hurt employment
\nopportunities for middle-class Arkansans.<\/p>\n

Arkansas has one of the fastest-growing Hispanic populations in the country and
\nmore than half of Hispanic immigrants live in the state illegally, according to
\na recent study commissioned by the Winthrop Rockefeller Foundation.<\/p>\n

Another study, by the Pew Hispanic Center, estimated that as many as 50,000
\nimmigrants lived in Arkansas in 2005.<\/p>\n

The Rockefeller study suggested cheap immigrant labor fuels the economic engine
\nfor the state’s poultry and meat processing industry and that production would
\nslide and costs would rise significantly without it.<\/p>\n

McCutcheon said last week that he did not know if anti-immigration protesters
\nwould demonstrate during the consulate grand opening, though several
\nanti-immigration Web sites posted announcements that protesters would attend
\nthe event.<\/p>\n

McCutcheon and his wife, Barbara, have in the past helped guard the
\nU.S.-Mexican border as part of the Minuteman Project.<\/p>\n

Last year, the Southern Poverty Law Center in Atlanta labeled McCutcheon a
\n“nativist,” or one who thinks immigrants cannot be Americans. A
\nspokesman for the center recently characterized his views as “racist”
\nand “anti-Semitic.”<\/p>\n

McCutcheon said Friday he is not affiliated with any groups and was mounting
\nthe radio advertising campaign on his own<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/font><\/b><\/p>\n

IN THE CIRCUIT COURT OF SEBASTIAN
\nCOUNTY, ARKANSAS<\/o:p><\/span><\/font><\/b><\/p>\n

FORT SMITH DISTRICT<\/o:p><\/span><\/font><\/b><\/p>\n

CIVIL DIVISION<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

JOE McCUTCHEN                                                                                                  <\/span>               <\/span>PLAINTIFF<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

V.                                                                                          
\n<\/span><\/span><\/span><\/span>CASE NO. CV-2007-_556______<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

ARKANSAS REHABILITATION SERVICES<\/o:p><\/span><\/font><\/b><\/p>\n

and ROBERT P. TREVI\u00c3\u2018O, in his Official Capacity<\/o:p><\/span><\/font><\/b><\/p>\n

as Commissioner of the Arkansas Department of          <\/span><\/o:p><\/span><\/font><\/b><\/p>\n

Workforce Education                                                                                                          <\/span>         <\/span>DEFENDANTS<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

COMPLAINT<\/o:p><\/span><\/u><\/font><\/b><\/p>\n

 <\/span><\/o:p><\/span><\/u><\/font><\/b><\/p>\n

                <\/span>COMES
\nNOW the Plaintiff, Joe McCutchen, by and through his attorney, Sam Sexton, III,
\nand states as follows:<\/o:p><\/span><\/font><\/b><\/p>\n

1.             <\/span>The
\nPlaintiff, Joe McCutchen, is a citizen and resident of the Fort Smith<\/o:p><\/span><\/font><\/b><\/p>\n

District in Sebastian County,
\nArkansas.<\/o:p><\/span><\/font><\/b><\/p>\n

                <\/span>2.             <\/span>This matter involves an appeal from
\nthe denial of rights pursuant to the Arkansas Freedom of Information Act, Ark.
\nCode Ann. \u00c2\u00a7 25-19-101, et seq., in which documents requested pursuant to the
\nArkansas Freedom of Information Act were not produced or made available as
\nrequired by law.  <\/span>This court has
\njurisdiction over this matter and venue lies properly herein pursuant to Ark.
\nCode Ann. \u00c2\u00a7 25-19-107.<\/o:p><\/span><\/font><\/b><\/p>\n

3.             <\/span>On
\nthe 14th day of March, 2007, the Plaintiff, Joe McCutchen, served a request
\npursuant to the Arkansas Freedom of Information Act upon Robert P. Trevino,
\nCommissioner of Arkansas Rehabilitation Services.  <\/span>A copy of the Freedom of Information Act request
\nis attached hereto, marked as Exhibit \u00e2\u20ac\u0153A\u00e2\u20ac\u009d and incorporated herein by reference.<\/o:p><\/span><\/font><\/b><\/p>\n

4.             <\/span>In
\nthe Freedom of Information Act request attached hereto as Exhibit \u00e2\u20ac\u0153A,\u00e2\u20ac\u009d the
\nPlaintiff, Joe McCutchen, requested copies of the following documents:<\/o:p><\/span><\/font><\/b><\/p>\n

\u00e2\u20ac\u0153Copies of all e-mails and correspondence discussing or concerning the
\nMexican Consulate, the Mexican Government, any official of the Mexican
\nGovernment, or funding of a Mexican Consulate or Mexican governmental office in
\nLittle Rock, Arkansas or anywhere in the State of Arkansas that was either sent
\nto, or from, Robert P. Trevi\u00c3\u00b1o or by anyone employed by Arkansas Rehabilitation
\nServices.  This request specifically includes a request for an unredacted
\nversion of an e-mail previously supplied pursuant to a Freedom of Information
\nAct Request.\u00e2\u20ac\u009d<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

Alternatively, the Plaintiff,
\nrequested access to the identified public records and reasonable comforts and
\nfacilities for the full exercise of the right to inspect and copy the
\nrecords.  <\/span>The Plaintiff also offered to
\npay for the copy of records prior to the time that the records were supplied. <\/o:p><\/span><\/font><\/b><\/p>\n

                <\/span>5.             <\/span>On the 21st<\/sup> day of July,
\n2007, the Plaintiff, Joe McCutchen, received a letter attached hereto as
\nExhibit \u00e2\u20ac\u0153B\u00e2\u20ac\u009d, from Robert P. Trevi\u00c3\u00b1o, Commissioner of the Arkansas Department of
\nWorkforce Education which essentially asserted an inability to produce the
\nrecords requested because the records were not appropriately identified.  <\/span>In the letter, Mr. Trevino stated:<\/o:p><\/span><\/font><\/b><\/p>\n

\u00e2\u20ac\u0153Your letter references specifically a request for an unredacted version
\nof an e-mail previously supplied.  <\/span>In
\norder to adequately consider your specific request, please identify precisely
\nthe e-mail you reference.  <\/span>Once you are
\nable to provide that information we can confirm the date and time to access the
\ninformation requested.\u00e2\u20ac\u009d  <\/span><\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

                <\/span>6.             <\/span>In reality, Mr. Trevi\u00c3\u00b1o knew the
\nspecific e-mail that was being requested because he had previously met in
\nperson with the Plaintiff, Joe McCutchen, and supplied a redacted version of
\nthe e-mail.  <\/span>A copy of the redacted
\ndocument previously supplied to Plaintiff Joe McCutchen is attached hereto,
\nmarked as Exhibit \u00e2\u20ac\u0153C\u00e2\u20ac\u009d.<\/o:p><\/span><\/font><\/b><\/p>\n

                <\/span>7.             <\/span>Plaintiff, Joe McCutchen, was
\nentitled to be provided with a version of the e-mail that was not
\nredacted.  <\/span>No exception exists under the
\nFreedom of Information Act to producing the requested e-mail.<\/o:p><\/span><\/font><\/b><\/p>\n

                <\/span>8.             <\/span>The failure by Robert Trevi\u00c3\u00b1o to
\nproduce the requested documentation is nothing more than an attempt to delay
\nthe production of the requested document. However, in a spirit of good faith,
\nthe Plaintiff sent the document attached hereto as Exhibit \u00e2\u20ac\u0153D\u00e2\u20ac\u009d dated March 27,
\n2007 in response to the letter from Mr. Trevi\u00c3\u00b1o that is attached hereto as
\nExhibit \u00e2\u20ac\u0153B.\u00e2\u20ac\u009d  <\/span>In Exhibit \u00e2\u20ac\u0153D,\u00e2\u20ac\u009d the
\nPlaintiff said: <\/o:p><\/span><\/font><\/b><\/p>\n

\u00e2\u20ac\u0153I am specifically requesting an unredacted copy of the e-mail of July
\n21, 2006 from yourself to Alice Stewart and an unredacted copy of the e-mail of
\nAugust 8, 2006 from yourself to Brenda Turner that includes the reference July
\n21, 2006 e-mail.\u00e2\u20ac\u009d<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

9.             <\/span>Exhibit
\n\u00e2\u20ac\u0153D\u00e2\u20ac\u009d was sent by certified mail with a return receipt requested.  <\/span>A copy of the certified mail receipt signed
\non behalf of Robert Trevi\u00c3\u00b1o is attached hereto, marked as Exhibit \u00e2\u20ac\u0153E,\u00e2\u20ac\u009d and
\nreflects that Exhibit \u00e2\u20ac\u0153D\u00e2\u20ac\u009d was received by Mr. Trevi\u00c3\u00b1o\u00e2\u20ac\u2122s office on April 3,
\n2007.<\/o:p><\/span><\/font><\/b><\/p>\n

10.          <\/span>On
\nApril 6, 2007, Robert Trevi\u00c3\u00b1o sent Plaintiff the letter attached hereto as
\nExhibit \u00e2\u20ac\u0153F.\u00e2\u20ac\u009d  <\/span>In that letter, Mr. Trevi\u00c3\u00b1o
\nstated that he was out of his office due to the sudden death of his father but
\nthat he would return to work sometime toward the end of the week on April 13,
\n2007 and would attempt to locate the referenced e-mails.<\/o:p><\/span><\/font><\/b><\/p>\n

11.          <\/span>April
\n13, 2007 was on a Friday.  <\/span>Therefore,
\naccording to Mr. Trevi\u00c3\u00b1o\u00e2\u20ac\u2122s letter, he would have returned to work on April 13,
\n2007 at the latest.<\/o:p><\/span><\/font><\/b><\/p>\n

12.          <\/span>It
\nhas now been more than 10 days since April 13, 2007 and no attempt has been
\nmade by the Defendants to comply with the Freedom of Information Act request
\nmade by the Plaintiff.  <\/span>No communication
\nwhatsoever has been forthcoming regarding the requested information.  <\/span>Defendants have not suggested that the
\nrequested documentation is exempt from disclosure.  <\/span>The documentation has not been produced or
\nmade available within the time specified by to Ark. Code Ann. \u00c2\u00a7 25-19-205.<\/o:p><\/span><\/font><\/b><\/p>\n

13.          <\/span>Although
\nPlaintiff has been patient in awaiting the documentation specified herein, it
\nhas now been almost six weeks since the original documentation was
\nrequested.  <\/span>The Defendants have willfully
\nfailed to comply with the requirements of the Freedom of Information Act.<\/o:p><\/span><\/font><\/b><\/p>\n

14.          <\/span>Pursuant
\nto Ark. Code Ann. \u00c2\u00a7 25-19-205, Plaintiff requests that the Court fix a date for
\na hearing within seven days for this matter to be heard.<\/o:p><\/span><\/font><\/b><\/p>\n

15.          <\/span>The
\nCourt should order and direct the Defendants to promptly produce the requested
\ninformation and should assess both the costs of this action and a reasonable
\nattorney\u00e2\u20ac\u2122s fee against the Defendants for their failure to comply with the
\nrequirements of the Freedom of Information Act.<\/o:p><\/span><\/font><\/b><\/p>\n

WHEREFORE, premises considered, the
\nPlaintiff, Joe McCutchen, prays that the Court order and direct the Defendants
\nto produce the requested documentation pursuant to the Arkansas Freedom of
\nInformation Act, that the Court assess both costs and a reasonable attorney\u00e2\u20ac\u2122s
\nfee against the Defendants, and for such other relief as is proper.<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>JOE
\nMcCUTCHEN, PLAINTIFF<\/o:p><\/span><\/font><\/b><\/p>\n

                <\/span> <\/span><\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>___________________________________<\/o:p><\/span><\/font><\/b><\/p>\n

                                <\/span>                                                                <\/span>Sam
\nSexton, III (ABA#87-157)<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>Attorney
\nat Law<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>1622
\nNorth \u00e2\u20ac\u0153B\u00e2\u20ac\u009d Street<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>P.O.
\nBox 1971<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>Fort
\nSmith, AR  <\/span>72901<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>(479)
\n783-0036<\/o:p><\/span><\/font><\/b><\/p>\n

                                                                                                <\/span>Facsimile
\n(479) 783-5168<\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/span><\/font><\/b><\/p>\n

 <\/o:p><\/font><\/b><\/p>\n","protected":false},"excerpt":{"rendered":"

The local Times Record ran this story today citing Joe as protesting a \u00e2\u20ac\u0153state facility\u00e2\u20ac\u009d.  No mention of violation of Article 1, Section 10 of the U.S. Constitution\u00e2\u20ac\u00a6formulated by former Gov. Huckabee and now embraced by current governor Beebe.  All Arkansas elected officials are complicit in this crime, subverting U.S. law and betraying Arkansas citizens. … Continue reading Illegal Mexican Consulate opening this week<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[26],"tags":[],"class_list":["post-797","post","type-post","status-publish","format-standard","hentry","category-huckabee-illegal-consulate"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/posts\/797","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=797"}],"version-history":[{"count":0,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=\/wp\/v2\/posts\/797\/revisions"}],"wp:attachment":[{"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=797"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=797"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arkansasfreedom.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=797"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}