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Shitholes and their defenders

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Also, hog farm permit denied and Walmart money talk.

Quote of the week

"What I think the president is saying is that if you're only appealing to people from countries that are behind the times, depraved countries, if that's the element that you're appealing to, and of course a lot of those folks are wanting to come to America and pursue the American dream, then he feels like that we should make the same or a better appeal to people from other European countries, et cetera, that can come in here and actually fit into the society as we know it and do the kinds of things that will make America a prosperous nation."— Arkansas 3rd District U.S. Rep. Steve Womack defending President Trump's question in an Oval Office meeting with lawmakers, "Why are we having all these people from shithole countries come here?" Trump was expressing frustration at protections of immigrants from Haiti, El Salvador and African countries. The remark has apparently derailed talks of a bipartisan immigration deal.

Quote of the week II

"We all know the president is not the brightest, nor does it seem that history was among his favorite classes. These "shithole" countries did not get there on their own. The U.S. involvement in [the El Salvador] civil war has played a huge role in the destruction of the country, not to mention CAFTA [the Central America Free Trade Agreement], and the country now operating on the fiat U.S. dollar.

"What I do know is that immigrants, especially brown immigrants, make this country run. If these countries are such "shitholes," why are these immigrants literally paving roads?"— Blanca Estevez, a political refugee from El Salvador who now lives in Fayetteville and is the coordinator of the Women's March there Jan. 20.

Hog farm permit denied

The Arkansas Department of Environmental Quality has denied a new permit for the C&H Hog Farms' concentrated animal feeding operation near Mount Judea (Newton County). This was a big and somewhat surprising victory for critics who have viewed C&H's large-scale pig farm and the pig waste it generates as an existential threat to the Buffalo National River.

This means the pig farm must shut down unless the Arkansas Pollution Control and Ecology Commission grants a stay. C&H has said it will appeal and asked the commission to grant a stay.

C&H has been controversial since it won an ADEQ permit for its hog farm in 2012 in a process that critics complained was flawed and did not sufficiently take into account C&H's proximity to Big Creek, which feeds into the Buffalo River.

The denial is a long time coming. C&H applied for an updated liquid animal waste permit in April 2016. The ADEQ had decided to eliminate the permit C&H had been operating under; that permit expired in October 2016, and C&H has been operating on an indefinite extension of that permit. Opponents of the farm have complained that it's been allowed to continue operating under an expired permit.

In a statement of basis for the decision on the permit, ADEQ said: "The permitting decision is based on the permit application record. The record consists of information and data submitted by the applicant and comments received from the public. ADEQ denies issuance of the permit after determining that the record lacks necessary and critical information to support granting of the permit."

Money matters at Walmart

Walmart reportedly will cut 1,000 jobs, primarily at the retailer's headquarters in Bentonville, by the end of the company's fiscal year on Jan. 31. It also closed more than 150 stores in 2016 and has reduced the pace of new openings. The company is said to be making the cuts so it can invest more in e-commerce to compete with Amazon.

The news of the layoffs came the day after Walmart trumpeted a $1 boost in its minimum starting wage and bonuses starting at $250 for employees who have worked for the company for at least two years. The company dubiously claimed these moves came in response to the GOP tax bill, which handed a windfall of billions of dollars to the retail behemoth. As analysts pointed out, the costs of these moves were a tiny fraction of the mammoth tax benefit, which will likely amount to around $2 billion per year, and Walmart was almost certainly going to hike wages regardless of the tax cut because of competition for low-skilled hourly employees.

Share your Big Ideas to make Arkansas a better place

The Arkansas Times is soliciting suggestions for its annual "Big Ideas" issue. As in years past, we're searching for specific, potentially transformative suggestions for making Arkansas a better place to live. We're open to the practical, wacky and everything in between. Send your ideas to lindseymillar@arktimes.com.



Jeff Coleman and The Feeders share the stage with Sabine Valley at Vino's

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Also, The Joint Venture kicks off a new show.

THURSDAY 1/18

The Venture Center hosts a real-time "elevator pitch" competition with a $500 prize at Brewski's Pub & Grub's "Pitch 'n' Pint," 6 p.m., $15-$20. Erik Myers takes his stand-up set to The Loony Bin, 7:30 p.m. Thu.-Sat., 10 p.m. Fri.-Sat., $8-$12. The William F. Laman Library hosts John Neal as part of its Live @ Laman concert series, 7 p.m., free. The Arkansas Arts Center hosts trivia at Stone's Throw Brewing, 6:30 p.m., free. Maxine's in Hot Springs hosts The Gold Show Drag Show, 9 p.m., $5. Gospel/pop singer B.J. Thomas gives a concert at Reynolds Performance Hall on the campus of the University of Central Arkansas, 7:30 p.m., $27-$35.

FRIDAY 1/19

Jeff Coleman and The Feeders play an early set at Vino's with Sabine Valley, 7:30 p.m., $10. CosmOcean performs for the late-night crowd at Oaklawn's Silks Bar & Grill, Hot Springs, 10 p.m. Fri.-Sat., or catch the happy hour set from Mayday by Midnight at the casino's Pops Lounge, 5 p.m. Fri.-Sat., free. The Matt Spinks Trio takes the stage at Four Quarter Bar, 10 p.m., $7. Brian Nahlen performs at Skinny J's, 7 p.m. Bluesboy Jag plays a solo set at Cregeen's Irish Pub, 8 p.m. The Electric 5 kick off the weekend with a dance party at Cajun's Wharf, 9 p.m., $5. Couch Jackets perform at Blue Canoe Brewing Co.'s warehouse at 1637 E. 15th St., 7 p.m., $10. Tall Tall Trees and Urban Pioneers kick off the annual Ozark Mountain Music Festival in downtown Eureka Springs; on Saturday TheCreek Rocks, Carrie Nation & The Speakeasy and American Lions perform, see ozarkmountainmusicfestival.com for details and tickets. The Harlem Globetrotters take their time-honored trick-shot repertoire to the floor at Verizon Arena, 7 p.m., $29-$132. Ozark string band Sad Daddy lands at Kings Live Music in Conway, with a set from Kassi Moe, 8:30 p.m., $5. William Clark Green puts on a red dirt country show at Stickyz Rock 'n' Roll Chicken Shack, 9 p.m., $10-$12. Nuthin Fancy performs at Thirst N' Howl Bar & Grill, 8:30 p.m., $5. The Statehouse Convention Center hosts the 36th annual Arkansas Marine Expo, noon Fri.-noon Sun., $6. The Walton Arts Center in Fayetteville hosts a reception for new exhibition, "The Grammar of Ornament," 5-7 p.m.

SATURDAY 1/20

Mark Currey takes tunes from "Tarrant County" and others to Core Public House, 7 p.m., free admission. Jet 420 takes the stage at Thirst N' Howl, 8:30 p.m., $5. Sad Daddy brings its clever lyrics to the White Water Tavern, 9 p.m. Khaki Onion reunites for a show at Revolution Taco & Tequila Lounge, 9 p.m., $10. After the Alan Jackson show ends, The Salty Dogs bring the twang to Four Quarter Bar, 10 p.m., $7. Marcellus Nash takes the stage at Gigi's Soul Cafe & Lounge in Maumelle, 9 p.m., $15-$20. Brian Nahlen and Nick Devlin perform for happy hour at Cajun's Wharf, 5:30 p.m., followed by a set from Rustenhaven, 9 p.m., $5. The Dirk Quinn Band plays a show at Kings Live Music, with Stuart Thomas, 8:30 p.m., $5. The Arkansas Shakespeare Theatre's annual Bard Ball fundraiser kicks off onstage and backstage at Reynolds Performance Hall, UCA, 6:30 p.m., $75. Author Jenette DuHart signs copies of her book, "The Happy Penny," at the Hillary Rodham Clinton Children's Library, 1 p.m. College Station, Texas, rockers The Ex-Optimists share a bill with River Valley jazz trio Escape Tones at Maxine's, 9 p.m., $5. Andy Tanas plays a free show at Markham Street Grill and Pub, 8:30 p.m.

SUNDAY 1/21

Professor Annette Trefzer of the University of Mississippi gives a talk on the exhibition "Discovering Kate Freeman Clark" at UALR's Windgate Center, 2 p.m., Lecture Hall.

MONDAY 1/22

Barry McVinney, Steve Hudelson, Brian Wolverton and Patrick Lindsey of The Goat Band play an evening of jazz at The Lobby Bar, 7:30 p.m., donations accepted.

TUESDAY 1/23

Author and journalist Janis Kearney speaks about her memoir "Sundays with TJ: 100 Years of Memories on Varner Road" as part of the Arkansas State Archives'"Pen to Podium" lecture series, 7 p.m., the Department of Arkansas Heritage, 1100 N. St., with a reception at 6:30 p.m.

WEDNESDAY 1/24

The Joint Venture kicks off an improv show at The Joint, 8 p.m., $8. The Juke Joint Zombies host the Arkansas River Blues Society Blues Jam at Thirst N' Howl, 7 p.m. At the Clinton School of Public Service, PBS NewsHour special correspondent Nick Schifrin unravels the implications of the U.S. decision to recognize Jerusalem as Israel's capital, 6 p.m., free.

Will Arkansas join the red state revolt? Part II

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Looking ahead to state Senate elections.

As the backlash to President Trump continues unabated, Democrats are poised to make gains in the Arkansas Senate for the first time since 1998. With 20 of the chamber's 35 seats on the ballot this year, the state's minority party should expect to win eight of them. The latest modeling run from political and data scientist John Ray and digital strategist Jesse Bacon, both of Indivisible, shows Democrats flipping three GOP-held seats and holding all five of their own in 2018. Bacon, Ray and I expect Democrats to hold districts 4, 10, 24, 30, and 31 and to flip districts 19, 20 and 35 — though only one of those (District 35) has an announced challenger thus far (Maureen Skinner). With Republicans but a seat away from wielding a supermajority in the Senate, any ability to make inroads should be viewed as significant for the state's resurgent opposition party — even if it leaves the GOP with a 23-12 advantage, as our model expects.

A crucial difference between the results of our first House and Senate simulations lies in the competitiveness of each legislative chamber. For instance, we estimate that 57 of the state's House seats are truly safe — 25 for Democrats and 32 for Republicans. Forty-three of the chamber's 100 seats are reasonably competitive, 23 of which have no clear lean toward one party or the other (we termed these tossups in my last column). In the Senate, every one of the 20 seats on the ballot this year are considered safe — eight for Democrats and 12 for Republicans, though three of those "safe" Democratic seats are held by Republicans. This lack of competitiveness is borne out by the Senate's recent electoral history: 15 of 18 seats went unchallenged in 2014, 11 of 14 in 2016, and, thus far, 15 of 20 seats on the 2018 ballot are uncontested. It's hard to model competition where political monopolies persist.

Though I'll dig into the mechanics of our work more in my next column, our simulation models are based on the 169 state house and 52 state senate races held since Nov. 8, 2016 — the full down-ballot record of the Trump era. The majority of those races have been held in places traditionally considered hostile to Democrats: the rural, exurban and suburban state legislative districts of the South and Midwest. Yet in the 221 state legislative races of the Trump era, Democrats have over-performed by an average of 24 points in state senate races and 23 points in state houses races. Put another way, the average Democratic state legislative candidate received 24 more points from the candidate's district's voters than his or her most immediate predecessor. Arkansas has unquestionably lurched rightward over the last decade. But it's unlikely that the GOP's unilateral control of state government will be insulated from a wave election of this scale.

The state's conventional political wisdom — recently delivered to me via Twitter where, I assume, a few conservative partisan hacks sense that, for the first time in their adult lives, the wind is no longer at the backs of the Republican Party — would likely tell us that most of the 15 Senate seats without a challenger should remain that way. They aren't winnable, the cynics and the pundits say. But as groups like Run for Something showed in Virginia and the Indivisible Project has illuminated nearly everywhere else, no one really knows what can happen if you invest in running good candidates and good campaigns everywhere — that if you invest in people and risk-taking instead of geography and recent history, all bets are off.

Nowhere is this more evident than in the Arkansas Senate, where most incumbents have never faced a serious challenge. We intentionally omitted measures of candidate quality in this modeling run, though we'll find ways to incorporate it once filings close March 1 and we can fully consider each race. When we do, it's likely that we'll buck conventional wisdom once again by treating the chamber's lack of competitiveness as a liability for incumbents. After all, the lack of competition — a cornerstone of conservative ideology — allows fundraising and grassroots networks to atrophy. It leaves candidates unpolished and ill-prepared for the great retail spectacle that still dominates Arkansas's political culture. It leaves them vulnerable to good candidates who run good campaigns, and who position themselves as the right person at the right time to represent their district.

In a state beset by the nation's sixth-highest poverty rate and second-lowest median income, perhaps time has run out on the old guard of country club candidates whose sole answer to the state's greatest social and economic challenges is to once again cut taxes on the rich. Perhaps the time has come for Arkansas's legislative monopoly to be broken. Perhaps the time has come to challenge every seat, everywhere, no matter the odds.


Arkansans of the Year: Women

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Trumpism stirs Arkansas women to action.

It is the worst of times, for people who see such things as women's autonomy, public education, fair taxation, clean air and water, scientific research and policies not guided by antipathy for the "other"— the brown, the black, the gay, the Muslim — as our moral touchstones, the definition of what it means to be an American.

And so, paradoxically, it is the best of times, for liberal-minded thinkers all over the country, including in blood-red Arkansas, to shake off complacency. The year 2017 has been especially motivating for progressive women, who have moved from the Pantsuit Nation to pussy hats to working to assume the mantle of political power.

Women have led the charge against regressive politics, heading up grass-roots lobbying groups such as Indivisible; starting new progressive organizations at city, county and statewide levels; forming political action committees; holding candidacy trainings. A record number of women are running this year for state legislative positions, and three are seeking seats in Congress.

If we have anything to thank President Trump for, it is that.

'I moved on her like a bitch. ... You know I'm automatically attracted to beautiful. I just start kissing them. It's like a magnet. And when you're a star they let you do it. You can do anything. Whatever you want. Grab them by the pussy.'

— Donald Trump, 2005

The 2016 campaign for president of the United States turned over a nasty rock in America, setting free a writhing mass of meanness. People cheered when Mexicans were called murderers and rapists, when American prisoners of war were called losers, when African Americans were told they had "nothing to lose," their lives so dreadful. It was OK to mock people with disabilities, to equate all Muslims with terrorists.

With the election of Trump and the Republican Party's throwing its dignity in the trash, the year 2017 saw bad ideas put into bad policy. Women? Screw you if you want birth control. Transgender people: Get lost. Health care? Not a right in the U.S. of A. Poor? Your fault. Nazis? Some of them are very fine people.

On Jan. 21, 2017, the day after Trump's inauguration, the growing rumble of disbelief and stunned dismay at the election of a lying, crude, narcissistic and intemperate — at best — man to the White House exploded into the dramatic and historic Woman's March on Washington, a protest the size the nation had never seen, 5 million strong and joined simultaneously by marches all over the planet. In Little Rock, an estimated 7,000 men, women and children turned out on that crisp, brilliantly sunny day to march down Capitol Avenue, the protest here also a record-setting demonstration, provoked by the insult of Trump's election to women, minorities, the poor, the marginalized, the environment, to civil rights.

Women have not stopped marching. The inspiration to fight did not fizzle. On Saturday, women — and their families — will march again to the Capitol, this year under the name "March on the Polls" and joining up with the 8th annual Rally for Reproductive Justice.

Maybe 7,000 won't turn out again. But, "I've never seen energy like this before," Planned Parenthood Great Plains organizer Christina Mullinax told the Times.

Mullinax has seen passions rise and fall: In 2011, when women gathered at the legislature to fight bills to end women's right to abortion, and in 2013, when 500 people — then considered a big crowd — turned out in the cold and the wet for the Stop the War on Women rally at the Capitol.

"Quite honestly, when the Women's March happened, I was skeptical," Mullinax said last week. "I was thinking, 'That's great, there's energy again for reproductive rights. We'll see how long this can be sustained.' I have been pleasantly surprised at the energy and activism, in our state in particular." It's a welcome response, because reproductive rights are facing "an attack like never before," Mullinax said.

At the state level, Planned Parenthood has been the subject of attack by Governor Hutchinson, who terminated the state's Medicaid reimbursement contract with the health provider in 2015 after an anti-choice group used doctored videotapes to suggest Planned Parenthood was misusing fetal tissue and again in 2017 after the conservative 8th Circuit Court of Appeals overturned a federal judge's injunction against the state's withholding of funds. Planned Parenthood clinics in Arkansas are providing services — including contraceptives, breast cancer screenings, cervical cancer screenings and STD treatments — to Medicaid-eligible for free for now, thanks to the post-Trump explosion of private support by people passionate about Planned Parenthood's health care mission and disgusted by the cynical, misogynistic politicians who would defund it.

People have been so turned off by reactionary policies and turned on to do something about them that new coalitions have been built, even among those with diverse causes, Mullinax said. For example, when Mullinax spoke at a rally to protect the Dreamers — undocumented immigrants brought to the U.S. as children — from deportation, she stood beside Catholic Bishop Anthony Taylor, and got no flack for her choice-supporting Planned Parenthood T-shirt. "He didn't cozy up to me or anything," Mullinax said, but neither was she shunned by the crowd. They had found common ground.

"When Mexico sends its people, they're not sending the best. They're sending people that have lots of problems and they're bringing those problems. They're bringing drugs, they're bringing crime. They're rapists and some, I assume, are good people ..."

— Donald Trump

on the campaign trail, 2016

"These Dreamers ... are the worst of the illegals."

— Ann Coulter in an interview with Fox Business News host Lou Dobbs last week, castigating Trump for suggesting he might let the Dreamers stay.

As the Times goes to press, 15 women who have never sought political office have announced bids. Two more have run before and are trying again: Melissa Fults, who this year is seeking the state Senate District 33 seat, and Susan Inman, the retired former Pulaski County Election Commissioner, who is running for Secretary of State (she calls herself the "matriarch" of women candidates.) Most, however, are political newcomers, including Gwendolynn Combs, the organizer of last year's women's march. Combs is seeking the Democratic nomination for the 2nd District congressional seat held by Republican Rep. French Hill.

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Combs, 43, who like many newly politically active women is a schoolteacher, was stirred by her students. During the 2016 presidential campaign, some of her kids at Stephens Elementary School asked her if they would be deported if Trump were elected. One even asked if he would be murdered. "It was just kids talking," Combs said, but she could see that the political climate was enveloping their lives and had them worried. "The internal me was conflicted dealing with not being able to honestly console these kids, because I was experiencing the same fears," Combs said.

When she learned of the plans for the Washington, D.C., Women's March after the inauguration, Combs decided women who couldn't travel needed a march in Little Rock. "I created my first Facebook event ever," she said, to organize the event, and was soon joined by other women to help coordinate.

Meanwhile, Pantsuit Nation Arkansas — supporters of Hillary Clinton who functioned to support the presidential candidate before the election and to fight for what she represented after she lost — drew hundreds of women to an organizational meeting Nov. 26 at the Arkansas Education Association headquarters. That meeting was followed by City Director Kathy Webb's "Little Rock 101" weekend meetings at Trio's Restaurant about how to get involved in city politics. The so-called Indivisible movement was born, thanks to the Indivisible Guide to grassroots action written by former congressional and White House staffers (including Arkansas native and Arkansas Times columnist Billy Fleming).

On Jan. 21 in Little Rock, a stunning turnout of pink-hatted humanity, enough to pack several long blocks, marched to the Capitol, shouting of"This is what democracy looks like!"

It was just the first of several mass protests. Another enormous crowd, one dwarfing the 2013 rally, turned out the following Saturday for the 7th annual Reproductive Rights Rally, where state Sen. Joyce Elliott (D-Little Rock) reminded the assembled men, women and children that her colleagues —"not one of them a doctor"— had voted to criminalize women's health care, passing an anti-abortion law that made no exception for rape or incest. The following day, a chilly Sunday, another thousand people turned out at the Capitol, responding to a call issued only the evening before to protest Trump's ill-conceived and unvetted executive order to immediately block travelers from majority Muslim countries, creating chaos at international airports in the U.S. and around the world and prompting instant legal challenges.

At that protest, Rita Sklar, the director of the ACLU of Arkansas, proclaimed, "I am the granddaughter of Russian Jewish immigrants, and today, until the end of this trouble, I am Muslim with all of you." It was an astonishing, moving moment.

It was the third rally in eight days, and a sign held by one women read, "If I have to keep protesting Trump, like every single weekend, when will I have time to go to Oaklawn?"

"Women were the first to recognize that Trump is a five-alarm fire for our democracy," Sklar said last week. "Over the past year, we've seen a whole new generation of women use the power of grassroots activism to push back against his extreme policies." It's a "groundswell," she said, that is throwing a wrench in Trump's agenda and has "the potential to change the political landscape for years to come."

"The concept of global warming was created by and for the Chinese in order to make U.S. manufacturing non-competitive."

— Donald Trump, November 2012

"In the East, it could be the COLDEST New Year's Eve on record. Perhaps we could use a little bit of that good old Global Warming that our Country, but not other countries, was going to pay TRILLIONS OF DOLLARS to protect against. Bundle up!"

— Donald Trump, December 2017

Rallies continued to draw good crowds. The Arkansas March for Science in April drew a crowd that stretched from the steps of the Capitol to Woodlane Street in front. Speakers at the event, organized by state Sierra Club Executive Director Glen Hooks and Arkansas State University philosophy professor Dr. Michele Merritt, talked about the threat of anti-intellectual, anti-science positions taken by the Trump administration and his supporters, including the denial of climate change. A young woman spoke about her medical research at the University of Arkansas for Medical Sciences on multiple sclerosis —disease she herself suffers from. UAMS' paucity of state support has come into high relief recently, with terminations of 238 employees and 600 positions.

That Trumpism has the scientific community running scared was illustrated dramatically with the Centers for Disease Control and Prevention's own decision last month to avoid from its reports the words "diversity,""entitlement,""evidence-based,""fetus,""science-based,""transgender" and "vulnerable."

The rallies continued: Rallies in Fort Smith and Rogers on National Immigrant Day. Black Lives Matter protests. Vigils for the victims of gun violence in Las Vegas. Protests against service cuts in the tax bill.

And if anyone thought the president's disdain for immigrants wasn't prompted by his Aryan revulsion toward the black and brown, last week's shocking comments in the Oval Office, when he described El Salvador, Haiti and African countries as "shitholes" and said he longed for more immigrants from places like Norway instead, should clear that right up.

Thanks to Trump's daily tweets, there has been plenty of fuel to keep women fired up and "nasty," the word embraced after Trump used it to describe Clinton. "Every day [in 2017] was a punch in the stomach," said ASU's Merritt, who is also the leader of the Jonesboro Indivisible group. It was as if the political storm was mimicking the record-setting natural disasters of the year. Fires, floods, freezes, drought.

Nevertheless, they persisted, and as the year grew older, protests were supplanted with day-to-day work to change the political picture.

Congressional candidate Combs acknowledges that before the rise of Donald Trump, "I never had even the most remote interest in politics. I was just a voter. I never had it on my radar to run for office." But that changed with the national retreat from the notion that all Americans had the right of life, liberty and the pursuit of happiness and not just those who could afford it. When Sens. John Boozman and Tom Cotton voted in July to repeal the major provisions of the Affordable Care Act, Combs said, "that's when I decided exactly what it was that I wanted to run for."

"I certainly think the current climate has woken a lot of us up," Celeste Williams, a nurse practitioner in Bella Vista who is running for the District 95 state House seat against Republican Austin McCollum, told the Times. "You realize how much this is affecting us. It's not OK for our children. We have to invest in the future, and that includes kids, families and policies that protect them."

The month after the election, there was a "flood of new faces" and standing room only at a meeting of Benton County Democrats, Williams said. Since then, she's attended town hall meetings, Ozark Indivisible huddles and United Progressives meet-ups.

"I wanted to hear what my members of Congress have to say," Williams said of the town halls that Indivisible groups forced out of Arkansas's congressional delegation. "I did not find their responses always compassionate." In fact, Williams said, her opponent in the General Election has been unresponsive to her attempts to contact him on health care issues. "If you're going to be a representative, you need to answer your phone."

Indifference to constituents also motivated Nicole Clowney, 35, who teaches Greek and Latin at the University of Arkansas at Fayetteville and is running for the District 86 House seat. She's not taking on Rep. Charlie Collins of Fayetteville — Adrienne Kvello and Denise Garner are seeking the Democratic nomination to challenge him — but as the Northwest Arkansas leader of Moms Demand Action for Gun Sense, Clowney was horrified at his legislation to allow guns on campuses, a move that contravened the wishes of college and university administrators and campus security officers. Clowney and a group of women from Northwest Arkansas traveled to Little Rock for hearings on Collins' bill and returned for hearings on promulgation of rules for the new law.

"I don't understand how Rep. Collins, representing a college town, could claim to be representing the wishes of his constituents. I didn't hear anybody support the bill, and I went to every meeting." Clowney is convinced that a "good number" of legislators did not know what was in the bill.

Here's what cinched Clowney's decision to run: It was after a "conversation with my favorite teacher, my 7-year-old daughter. I was explaining to her what a representative is, and she said, "Oh, is that one of those boy jobs?"

There is indifference, and then there is disdain. That's what Teresa Gallegos of Russellville encountered at a town hall meeting with Republican U.S. Rep. Steve Womack at Arkansas Tech University.

"Before I went, I did some research and typed my question and printed it out, so I wouldn't forget anything," Gallegos, 29, said. Her question was on how student loan debt was keeping young adults from being able to own a home.

"I explained to Rep. Womack that my husband and I have $160,000 in student loan debt for my bachelor's degree and my husband's bachelor, master's and Ph.D.," Gallegos said. Gallegos' husband, Dr. Nathaniel Chapman, is an assistant professor of sociology at Arkansas Tech.

But before asking her question, Gallegos asked the attendees at the town hall to raise their hands if they had student debt. They were on a college campus; most raised their hands. She then turned to Womack and said, "I noticed you didn't raise your hand." Did he and and his wife have student debt? Would he support legislation to provide relief for educational loans?

Womack replied, no, he didn't have student debt, because he had a job during college, and he joined the military, which provided more college funding. He said there were options to four-year colleges; she and her husband could have learned a trade or joined the military. College isn't for everyone, he told her.

Since he was holding the mic, he would not let her follow up that she and her husband also worked their way through college — almost full time. "He shamed me for using student loans," she said. Gallegos wanted to tell him she agreed that college was not for everyone, but it certainly was for her and her professor husband, and that the military is not for everyone, either.

Gallegos is running for state Senate District 16, now vacant. At a campaign coffee on a recent Saturday at Penny's University Roastery, Gallegos met with 21 people who wanted to talk about their issues: health care, education and protecting property rights.

They did not want to talk about the horror of sex education on the Tech campus. Unlike state legislators Rep. Trevor Brown (R-Dover) and Rep. Mary Bentley (R-Perryville), they did not find a discussion of sex and health so offensive — especially since it included LGBTQ issues — that they would have shut down Tech's Department of Diversity and Inclusion. Bentley — the legislator most known for threatening to cut off funds to the Arkansas Game and Fish Commission after her husband was warned for baiting wildlife — and Brown sponsored an amendment to limit how Tech could use state funds over the "Sex on the Lawn" event.

Womack, at least, agreed to hold a few town halls — one on the north shore of Bull Shoals Lake, conveniently accessible only by a 12-car ferry, though attendees could get there via Missouri, a long drive around the lake. U.S. Sen. John Boozman never did hold a town hall, and it took pressure from Ozark Indivisible and the terrible national publicity he got when he locked his office doors in Springdale to get Sen. Tom Cotton to condescend to meet with Arkansans. His town hall, at the Springdale High School Auditorium, drew more than 2,200 people.

Kim Benyr, who with three other women organized Ozark Indivisible, said the group's aim in meeting with Cotton was to advocate for the Affordable Care Act and other policies the ultra-right-wing senator has shown himself averse to, like citizenship for immigrants. (Cotton once made the wild assertion that ISIS was working to get Mexican drug runners into the terrorist business and infiltrate Arkansas.)

Ozark Indivisible and Arkansas's other Indivisible chapters, in Central Arkansas and such unlikely places as Jonesboro, Yellville, Harrison and Lonoke, use "calls to action" to engage people to let their congressmen know where constituents stand on issues. Benyr believes such calls to action — both from home and with trips to D.C. — helped halt the outright repeal of Obamacare. The midterm elections will get Indivisible's attention this year.

Women have played a major role in the organization of Indivisible and other groups, Benyr guessed, because many are stay-at-home mothers. Others, like Hayden Shamel of Hot Springs, a teacher at Lakeside High School and chairman of the Democratic Party of Garland County, say it is because women are better at getting things done.

"Women are naturally empathetic. They work well with others — that's important, because of the divisiveness [in the current climate]. People are turned off by that. They're ready for individuals who can work with all, who are moving toward collaborating."

Shamel, 36, is running for 4th District Congress against Republican Rep. Bruce Westerman.

"After the 2016 election," she said, she thought, "the time is now, we have to have people who are willing to step up and take our democracy back. I felt almost led to run. It's almost spiritual. ... I know what I'm doing is the right thing. I'm completely at peace with my decision to run for office. ... Everything in my life has been leading up to this moment."

Shamel said the recent tax cut legislation in Congress and the past cuts in Arkansas are evidence that lawmakers are "focused on the wealthy instead of the ordinary." Though it includes tax increases for the middle class after the midterm elections, the tax bill was praised by her Republican opponent as "relief for hardworking Americans."

"My donors are basically saying, 'Get it done or don't ever call me again.'"

Rep. Chris Collins (R-N.Y.), on the new tax cut bill passed in Congress and signed by Trump.

Shamel said the first priority of people she's talked to in the district is health care, which includes lowering drug costs. She also sees public schools as under assault by tax-dollar draining charter schools. She shares those stands with another woman running for the 4th District seat: independent candidate Lee McQueen of Texarkana.

McQueen, 47, said she's been "on the fringes of political life," volunteering for Ralph Nader and working for Jesse Jackson in their campaigns. "I've always been involved, mostly as support. Then I decided, with what's been happening, to step into the big girl chair."

"My big takeaway," Shamel said, "is maybe it took something like what we are facing now in order for us to wake up and realize how critically important it is for all of us to be involved."

"After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow ... transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming ... victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you.''

— Donald Trump, July 2017

Tippi McCullough, 54, said her political "journey" began with her firing from Mount St. Mary Academy for marrying her longtime partner, Barb Mariani, in 2013. She joined the Stonewall Democrats and in 2015 fought House Bill 1228, a bill that would have legalized discrimination against LGBTQ people on religious grounds. Governor Hutchinson asked for the bill's recall after major corporations, including Walmart, Apple and Acxiom, criticized it, and the bill was later amended to mirror the federal Religious Freedom Restoration Act.

McCullough, chair of the Democratic Party of Pulaski County, is now seeking the state House District 33 seat held by Warwick Sabin, who is running for Little Rock mayor. Her decision to run for higher office was not just "horror that someone like Donald Trump could be elected to the highest office, but that someone so supremely qualified as Hillary Clinton could not." She said it was hard not to remember the Women's March of 2017 without getting chills.

McCullough, who teaches English at Central High School, said her students "don't have the luxury of nostalgia, where we look back at where we had statesmen as leaders." What they know is eight years of President Obama, and the backlash to Obama, "and now they're immersed in the backlash to the backlash. I heard a young woman talking in the hall [at school] about her struggle to watch the news and stay caught up, matched with wanting to disconnect from it all."

Arkansas has a history of strong women leadership, McCullough said, rattling off the names of Hattie Caraway, the first woman elected to serve a full term in the U.S. Senate; Adolphine Terry and the Women's Emergency Committee to open the schools after the desegregation crisis; Daisy Bates, who fought for desegregation and protected the Little Rock Nine; and Lottie Shackelford, the first woman to be elected mayor of Little Rock. All had to resist the notion that women should stay in the background, and women still do today. "Instead of recoiling, or going into a tunnel, I tend to think, 'What can I do to help change this, to make sure in the next four years we aren't harmed more,'" McCullough said. "I saw a sign about the characteristics of fascism [nationalism, sexism, efforts to control mass media, religion and government intertwined, disdain for intellectualism] ... . Oh, my gosh, we are experiencing those."

A woman candidate who is up against one of the most ardent proponents of one of those characteristics of fascism — Sen. Jason Rapert (R-Conway), who believes his interpretation of the Holy Bible should rule Arkansas — is psychologist Maureen Skinner of Conway. She's another newcomer to politics.

When Obama was elected, Skinner said she thought, "I can breathe again; my children are going to be OK. Then I watched the way he was treated, the way he aged. ..."

Then Trump was elected. "It blew my mind," Skinner said. "It was horrifying to me. I ranted on Facebook and posted and shared and said surely somebody is going to do something." Then she went to the Women's March on Arkansas, and there "were 7,000 other people feeling as strong about the election of 2016 as I was, mobilized and mortified." She recalled thinking, "I have more formal education than the president. I can construct a complete sentence. Those were my mental talking points" for making a race herself.

Skinner believes the reason people vote against their best interests — such as Trump supporters — is fear of change, a willingness to latch on to promises (best health care, lowest taxes) rather than bursting the comfortable bubble of their existence by questioning. Skinner said she'll be a listener — it's what she does for a living — rather than a promiser.

"If for some unforeseeable reason I can't get elected, I have met some of the most incredible women and men" by getting involved in politics, Skinner said. "This is a life-changing experience. It's such a mobilization. It's absolutely the only good thing that Donald Trump — accidentally — did."

A new PAC formed in 2017 in Rapert's backyard: Faulkner Forward, which board member Julee Jaeger will help "plan for the future and help move Faulkner County forward with progressive elected representation." The group, which is nonpartisan, will support candidates "with strong commitments to education, access to physical and mental health care, science and technology, economic opportunities and social equality." In other words, it won't be supporting Rapert. It's holding a ticketed fundraiser and informational meeting at 5:30 p.m. Jan. 23 at the EM Event Center, 1100 Oak St. in Conway.

The mobilization that Skinner referred to can also be seen in the state Democratic Party, which has been seen as too "male, pale and old," as one person in Northwest Arkansas put it. An example of this burst of enthusiasm within party politics is the Saline County Progressive Action caucus, a subset of the Saline County Democratic Party. The Progressives, as they call themselves, began forming in December 2016 after the meetings at the AEA with Pantsuit Nation women and City Director Kathy Webb. Cindy Bowen, one of the founders, said the numbers of interested women grew steadily from its inception, from 15 at its first gathering in 2016 to more than 200 at a later rally at the Bauxite Community Center. Bowen said 90 to 95 percent of the Progressives were new to the party. The group now has 260 members, half of whom are schoolteachers, Bowen said.

At the rally, "We asked, what brought you here?" Bowen said. "Some were [LGBT] high school students who were bullied or their families. There were people who had friends or themselves who were going to be affected by [cuts to] certain organizations that help the underprivileged." Some, she said, wanted to be "political animals"; others just wanted to help their children. Bowen, 63, said a lot of the group is too young to remember when Saline County was blue, "when it was the heart of the Democratic Party."

The Progressives have taken a community-help approach to activism, starting with the creation throughout Benton of five mini free pantries modeled on the free little libraries that have sprung up in neighborhoods all over Arkansas. Progressives also keep care bags — bags of water, peanut butter crackers, soap and such — to give to people they see holding signs asking for help.

"It's a psychological thing," Bowen said. "Saline County is very red. Almost like scary red. And so we try to present ourselves as people who come out and help those in need, which is what we feel the Democratic Party does — help the little guy. So people who don't like politics, we want them to think that when it comes time to vote, when they see that "D," they're going to think, that's the group that helped when my house burned, when I had no food, when my child was bullied."

The Progressive Arkansas Women PAC — or PAW PAC — did not need a goosing from Trump to begin work to elect more progressive women to the legislature. The PAC formed in 2016, and provides up to $2,700 to women candidates who support such ideas as the right of abortion, gun regulation, alternatives to incarceration, health care for all, social services for the needy. Bettina Brownstein, one of the PAC's founders, said electing progressives to the Arkansas legislature is necessary if the state wants to attract "young people to move here and stay."

At a recent meeting of PAW PAC, 15 or 16 women crammed into a meeting room at a downtown law office to share information about new candidates, decide what amount of money to provide and when, and discuss ways to raise new funds and future candidate trainings. One of them was Jess Virden Mallett, who is running for House District 32 in Little Rock. A lawyer, Mallett worked against a proposed amendment to the state Constitution that would have capped the damages in medical lawsuits, a referred amendment backed by the nursing home industry. (The amendment was thrown off the ballot by a court.) Mallett believes many legislators didn't know what the amendment would have done. "Women are just better at looking at the big picture," she said.

The women of PAW PAC operate by consensus; everyone is heard and what little disagreement there may be is discussed until all are satisfied with whatever action is to take place.

"We're very ambitious," Brownstein said. Fundraising has gone well; "we must have hit a chord." She said she wouldn't be surprised if the number of progressive women candidates doesn't hit 20 by the end of the filing period, noon on March 1. (Party filing begins Feb. 22.)

"We're looking forward to 2020," Brownstein said. "This is a long game."


March and candidate info

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The Women's March On the Polls on Jan. 20 will assemble at the intersection of West Capitol Avenue and Pulaski Street at 11 a.m. and head to the state Capitol for the Reproductive Justice Rally starting at 1 p.m. There will be informational tables manned by several progressive organizations at the Capitol. Speakers will address not just health care but education, immigration, sex education and LGBTQ rights. Kendra Johnson of the Human Rights Campaign will emcee; speakers include Sklar of the ACLU; Dr. Anika Whitfield on the takeover of the Little Rock School District; Diana Pacheco on DACA and anti-immigrant sentiment; and Dr. Janet Cathy, an ob/gyn at the University of Arkansas for Medical Sciences, on the medical needs of LGBTQ patients.

Afterward, a campaign fundraiser for Combs will feature a MeToo panel on sexual assault with activist Shirley May Johnson of Nashville, Tenn., (3 p.m., the Studio Theatre); a poetry event on gun violence (3 p.m., Clinton School for Public Service); and the New Deal Salon and Galleries will exhibit "One Year Down," a fine art and poetry event, from 1 p.m. to 6 p.m. (It opens Friday night, 6-9 p.m.)

The Fayetteville Women's March is also Jan. 20, beginning with a rally and speakers at noon at the Downtown Square. Marchers will then head east on Mountain Street and up College Avenue to the Washington County Courthouse.

Here's a list of progressive women (Democrats and one Independent) who have announced they'll seek elective office in 2018. It does not include incumbents:

Gwendolynn Combs, 2nd District Congress

Hayden Shamel, 4th District Congress

Lee McQueen, 4th District Congress

Susan Inman, Secretary of State

Jess Virden Mallett, House District 32

Tippi McCullough, House District 33

Jamie Scott, House District 37

Monica Ball, House District 39

Kim Snow, House District 80

Denise Garner, House District 84

Adrienne Kvello, House District 84

Celeste Williams, House District 95

Kelly Scott Unger, House District 87

Nicole Clowney, House District 96

Teresa Gallegos, Senate District 16

Melissa Fults, Senate District 33

Maureen Skinner, Senate District 35

Entergy asks customers to cut power use this morning

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Entergy has asked customers to reduce power use this morning because of potential power shortages in the supply system in which it participates.

Our power reliability coordinator, the Midcontinent Independent System Operator, is requesting Entergy customers voluntarily reduce their electricity usage on Thursday, Jan. 18, between 5 a.m. and 11 a.m. MISO is making this unusual request because use of electricity could exceed available generation, due to higher than expected demand for power and unexpected power generator outages within the MISO southern territory. MISO is working to bring on additional generation in the area.
A winter peak demand doesn't begin to approach demand in a hot summer, but I'm guessing generator outages are a bigger factor than increased demand.

The power company, which serves 700,000 in Arkansas, suggests lowering your thermostat, putting off laundry and (a little late for this) caulking and taking other steps to reduce the loss of heat from your home. No kidding on that last one.


The controversy brewing at Arkansas Baptist College

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Arkansas Baptist College
, which recently had a leadership upheaval, continues to find itself coping with financial difficulties dating to an aggressive growth spurt under a former administration.

From my own reporting, I know that controversy continues to brew over personnel and business decisions. Last night, I was forwarded a link to an extensive account of the personalities and issues involved on a website I've not read before, the Black Agenda Report. Without endorsing some of the harshest conclusions, I can say it contains a great deal of information, some reported previously, that bears consideration.

The author is identified as Attala Nasir. I had said originally that the author was unidentified. The account raises good questions, apart from allegations of impropriety, such as about real estate investments by a college that has had persistent cash flow problems. The lapsing of tax-free status for the college foundation is also mentioned. The writer takes the view that Joseph Jones, who resigned under pressure as president in December, took a fall for his attempt to correct affairs. That, as I wrote at the time, is not the view of those now in charge of the Board of Trustees.

The piece carries criticism of Fitz Hill, the former president, and notes an on-line petition drive to have him removed from the state Board of Education, a position to which he was appointed by Gov. Asa Hutchinson. His critics see him as a poor example.

Again: I am not in a position to endorse or validate the allegations of misdeeds. But I can attest to deep factionalism and continuing financial issues for the small historically black institution. It has enjoyed support from big names in the Little Rock business community who liked what they saw in Fitz Hill's leadership, including the addition of a football team and a building agenda aided by tax credit programs. This group has its critics, reflected in this article, summarized on the website this way:

The following is an investigative report by a long-time member of the Black community in Little Rock who has close knowledge of the history and corruption of Arkansas Baptist College. This is a story of money laundering, sweet heart land deals, grade fixing, and fraud that includes not just some despicable small-time Negroes acting like minstrels but African American and other Clinton appointees that reach to the highest levels of Big Business in Little Rock (oil, biotech, finance, department stores) who have tried to use the ABC foundation as a veil for their economic ambition as actual education is betrayed.

Activists say Tom Cotton has issued do-not-call-or-write notice to some constituents. UPDATE. It's confirmed.

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Ozark Indivisible, the activist group that has been pressing members of Congress from Arkansas on health care, immigration and other issues, reported on its Twitter account last night that people calling Sen. Tom Cotton's office had received cease-and-desist letters and posted the image above.

The letter:

This letter is immediate notification that all communication must cease and desist immediately with all offices of US Senator Tom Cotton.

All other contact will be deemed harassment and will be reported to the United States Capitol Police.

The Office of US Senator Tom Cotton.

I've placed a phone call and sent an email to Cotton's press aide to ask if this is legitimate and, if so, what prompted the letter. She has not responded.

Billy Fleming, a Times contributor, also sent me a copy of the image and an account from a person who reportedly received the letter. That person wrote:

I received a letter from the office of U.S. Senator Tom Cotton from Arkansas after calling and expressing my grave concerns over his actions and support of this administration's agenda concerning a wide variety of subjects from the attack on our healthcare, DACA and immigration issues, to national security, to the rise of white nationalist fascism, to the environment, the gutting of our State Department, the attack on the free press...and similar deeply troubling actions & motives I've seen Senator Cotton support & condone. It was odd to receive this letter as I've called other Members of Congress to express my strong thoughts and opinions about their actions and thought this to be not only my duty as an American citizen but my First Amendment right granted all U.S. citizens by our U.S. Constitution, the foundation of our Democracy.

I believe if Tom Cotton's office were to respond as to why they sent this letter, I think they just honestly don't want to listen to any citizen's opposing view or hear the numerous grave concerns U.S. citizens have about the serious & ongoing attack on our Democracy and past election cycle in which a foreign, hostile Russian government interfered, they don't want U.S. citizens to call and speak their mind and truth in a very direct manner and they obviously don't want to be held accountable for their words and actions while serving all the people in this nation. I may have used unprofessional and unbecoming language at times as the anxiety and stress of what I'm witnessing is at times too great a burden to control and I have vehemently expressed my righteous anger at Senator Cotton's complicitness with this harmful regime.


Fleming said he knew several people who'd received such a letter. He said he believed they all had made repeated phone calls to deliver similar talking points, but he said they were unlikely to have made rude or disparaging remarks.

The lobbying HAS gotten heated.

Circulating yesterday was the film of an effort some months ago by a Boone County activist to pose questions to Rep. Steve Womack. She was persistent. He was not amused.

Yesterday, demonstrators — self-identified as being from "shithole countries"—were asked to leave Cotton's Washington office after a noisy encounter with staff members who told them they'd be arrested for unlawful entry if they didn't leave. They did, chanting "Dream Act Now."

Democracy can be a noisy thing. It seems to have some impact on members of Congress, too.

UPDATE: Cotton's office, in keeping with custom, refused to respond to our requests for information. But Michael Buckner of KTHV was able to get a confirmation of the letter from Caroline Tabler, Cotton's press aide.

 
Tabler said that these letters are rare and only used "under extreme circumstances."

"If an employee of Senator Cotton receives repeated communications that are harassing and vulgar, or any communication that contains a threat, our policy is to notify the U.S. Capitol Police's Threat Assessment Section," Tabler said.


UAMS employees plan discussion on employment rights

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The workforce is stirring at the University of Arkansas for Medical Sciences over the recent announcement of mass layoffs and the likelihood of further reductions in faculty.

I received this notice:

In light of the apparent chaos at UAMS of late, we would appreciate announcement on your blog of the following:

The UAMS Chapter of the American Association of University Professors (AAUP) is sponsoring a talk by Peter Bonilla, Vice-President of Programs of FIRE, the Foundation for Individual Rights in Education, a national civil liberties organization which defends the free speech and academic freedom rights of college students and faculty around the country on an entirely nonpartisan basis. FIRE is based in Philadelphia, PA.

The title of his talk will be Why Academic Freedom, Employee Rights and Job Security are Important. It will be held at noon on Monday 1/22 in Pauly Auditorium (Rahn building G219) at UAMS.

Philip Palade, President
UAMS Chapter of the AAUP
I'm guessing they'd be happy for all to attend. UAMS has barred press from its "town hall" meetings with staff.

A new paywall for 2018

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Since the ArkansasTimes launched our digital membership program in 2013, more than 2,000 people have subscribed to our online offerings. That support has helped us continue to provide coverage of topics that are often ignored by other media, through both up-to-date news and commentary here on the Arkansas Blog as well as with more deeply reported projects.

But we know it hasn't always been fun to be a digital subscriber. Our initial paywall provider wasn't integrated very well with our website. Users had to log into "TinyPass," but their bank statement said "Piano" and the subscription was to the Arkansas Times. It was a mess that was confusing and often frustrating.

So we're pleased to be able to announce a new and much-improved paywall system. It will provide a more consistent and simpler experience. There is now one place to go to see your subscription, you'll easily be able to update your billing info and the login experience is improved.

To transition onto our new system, all you have to do is update your password on our new system. (You can use your old password.)

Visit my.arktimes.com and click "Forgot your password?" to get started. Your username will remain the same. If you have any questions, please write to me at jordanlittle@arktimes.com.

If you're not a member, become one today!

Our paywall is metered. You're still able to read 10 posts per month without paying, but on the 11th read, you'll get a prompt asking you to support our efforts. At $9.99 per month, it's less than the cost of lunch out. And it allows us to continue reporting on the stories that matter in Arkansas.

Amazon narrows HQ search to 20 cities

Democratic candidate withdraws to unite opposition to Charlie Collins

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Adrienne Kvello, a Fayetteville lawyer who'd announced as a candidate to oppose Republican Rep. Charlie Collins, sent a message today saying she was going to run instead for Washington County circuit clerk and throw her support in the House race to Denise Garner.

I have an important announcement. As the new year has unfolded, my family and I have taken stock of where we are in terms of our financial stability and security and where we want to be in the future. We have also discussed my goals for the future and how I can best use my talents to advance the message of the Democratic Party and help get women elected in Arkansas. This discussion has led to my decision to withdraw from the race for State Representative for District 84 and run for Washington County Circuit Clerk instead. This decision was not arrived at easily. However, it is what is best for the party, and for the realities of my family’s current situation. It allows us to present a united front against Charlie Collins and also have a strong woman candidate for Circuit Clerk—a race that has gone uncontested for far too long. Every race matters, and we need to have candidates in all of them.

I am already brimming with ideas on how to make our county court system work better and promote justice for all residents. I want a partnership with local pro bono groups to increase access to a lawyer’s advice and legal forms for those who cannot afford an attorney. It is also high time we move into modern times and finally make online court filing a reality in Washington County. I will also work to make filing and enforcing restraining orders in cases of domestic violence an easier process. I want to create a system to notify current property owners when liens or conveyances have been recorded against their property. I would love to hear your thoughts or recommendations on what other ways we can improve the court system in Washington County.

I hope you will continue to support my campaign for this new office. However, I realize some of you have contributed to my campaign with the understanding you were donating to a highly contested state race. Because of this, if you would like a partial refund of the amount you contributed, please email me at adrienne@adriennekvello.com and I would be happy to do so.

Moving forward I hope you will join me in supporting Denise Garner in her campaign against Charlie Collins. Her passion for our community and experience supporting nonprofits make her an ideal legislator. You can learn more about her and how you can support her campaign at www.denisegarner.com

I am excited about this new path and the chance to spread common sense common ground policy in Washington County. I hope you will join me.

The current circuit clerk is a Republican, Kyle Sylvester

Supreme Court reverses two decades of precedent, says legislature can't waive sovereign immunity

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The Arkansas Supreme Court this morning reversed long court precedent — that the state legislature may pass laws waiving the sovereign immunity provision, or protection against lawsuit, of the state Constitution in cases seeking monetary damages.

The decision was 5-2. A dissent says the consequences are "astounding" and could apply to some past cases of enormous significance.

The decision came in the case of a Rich Mountain Community College bookstore manager seeking overtime compensation. He argued, and a circuit judge agreed, that the state legislature had explicitly waived constitutional immunity in minimum wage cases and cited past cases on the point in saying the case should go to trial. Said the court in a decision written by Chief Justice Dan Kemp that dismissed the case:

... we acknowledge that the General Assembly enacted the AMWA and allowed“an action for equitable and monetary relief against [the State].”  Nevertheless, we conclude that the legislative waiver of sovereign immunity in section 11-4-218(e) is repugnant to article 5, section 20 of the Arkansas Constitution.In reaching this conclusion, we interpret the constitutional provision, “The State of Arkansas shall never be made a defendant in any of her courts,” precisely as it reads.

The drafters of our current constitution removed language from the 1868 constitution that provided the General Assembly with statutory authority to waive sovereign immunity and instead used the word “never.” The people of the state of Arkansas approved this change when ratifying the current constitution. The General Assembly does not have the power to override a constitutional provision. To the extent section 11-4-218(e) directly contradicts the constitution, it must fail.
The court then addressed "stare decisis," or the practice of holding to past precedent. It quoted a 1935 decision that firmly rejected waivers of immunity and noted an erosion of that practice beginning in 1996. The minimum wage waiver was passed in 2006. The six decades of the no-waiver view should control, the court said.

...  the General Assembly cannot waive the State’s immunity pursuant to article 5, section 20. To the extent that other cases conflict with this holding, we overrule those opinions. 
People harmed by the state and its agencies, such as this community college (now a part of the University of Arkansas System), have a “proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission.”

The full decision is here.

The court noted that the plaintiff made other claims, but they weren't covered in the judge's ruling allowing the case to proceed. It ruled only on the decision not to dismiss. It reversed that ruling and dimissed the case as the UA had asked.

Justice Karen Baker wrote a dissenting opinion, joined by Justice Jo Hart. Chad Pekron, sitting as special justice, joined the majority. He replaced Justice Courtney Goodson, whose husband is a member of the UA Board of Trustees.

Baker's dissent notes the far-ranging consequences. In this case, she noted that private employers must pay minimum wages, but, by this ruling, the state need not. She argued that the constitution should be interpreted as meaning the state could not be compelled to be a defendant, but it could choose to do so. She also said it was disingenuous to limit the application of the ruling to monetary judgments.

The majority’s holding that the legislature may no longer waive sovereign immunity, necessarily means that the executive and judicial branches likewise may not waive sovereign immunity because any other interpretation would result in treating the legislature differently from the executive and judicial branches. 
She objected, too, to the majority's unwillingness to take up the plaintiff's argument that other parts of the Constitution overrode sovereign immunity — those that guarantee a jury trial and a remedy for "all injuries or wrongs."

She also said the court had failed to consider whether changes in past precedent over the last 20 years that allowed certain actions against the state were unjust. "Instead, the majority’s decision, in a perfunctory fashion, overhauls over twenty years of our well-established law on sovereign immunity and has effectively revived the antiquated doctrine that “the king can do no wrong.”"

The implications are "astounding," Baker wrote, and could affect past decisions of significance.

See Lake View Sch. Dist. No. 25 of Phillips Cty. v. Huckabee, 340 Ark. 481, 10 S.W.3d 892 (2000) (holding that the State, through the executive branch, waived sovereign immunity when it signed off on two published notices to the class members advocating attorneys’ fees); Ark. Dep’t of Human Servs. v. R.P., 333 Ark. 516, 970 S.W.2d 225 (1998) (holding that the General Assembly waived the Department’s sovereign immunity as to providing family services in child-welfare proceedings).

The following list includes, but is not limited to, the specific types of actions that the majority’s decision calls into question when the suit is filed against the State of Arkansas:

•Arkansas Minimum Wage Act
•Arkansas Whistle Blower’s Act
•Post-conviction cases
•Land-condemnation cases
•Illegal-exaction cases
•Suits against State owned hospitals
•Freedom of Information Act
•Suits filed against DHS, including dependency-neglect cases.
Let the fallout begin.

Kontiki introduces African food to Central Arkansas

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Rice akara (banana, sugar and rice flour with spicy red pepper sauce). Fried plantains. Skewers of beef and peanut butter. Cassava-based soup with beef, smoked turkey, tripe and smoked fish. Peanut-based soup with steamed basmati rice, chicken and beef. No, we are not in Kansas anymore. We are in Arkansas, though, at the Kontiki African Restaurant, on state Highway 111 in Alexander.

Christian Domingo, a native of Sierra Leone who has lived in Arkansas for the past 19 years, and his family are the first to introduce African fare to Arkansas. Kontiki has had a soft opening, but will celebrate its grand opening at 11 a.m. Sunday, Jan. 21. See the full menu on Kontiki’s Facebook page. Phone number is 615-8504.

Netflix’s Lost in Space: Oh, just kill off Doctor Smith in the first ten minutes!

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I am delighted beyond words that the titular character on “Doctor Who” is now a woman, and thought that the female version of Starbuck on “Battlestar Galactica”was a vast improvement on the original. But as for Parker Posey playing Doctor Smith on the new “Lost in Space” - no, no, no!

LIS was never the classic that “Star Trek” was - it was, after all, an Irwin Allen production - but many of us old-timers have fond memories of the first black-and-white season. My personal favorite is the episode featuring the huge cyclops figure attacking their mobile vehicle, the chariot.

It was a fun show, that first year, or at least that’s how it will remain in my 50+ year old memories. But once the producers discovered how popular the character of Doctor Zachary Smith had become (a man known chiefly for both his cowardice and his continual dragging of young children into dark caves) emphasis moved away from the other characters, and it essentially become “Lost in Space with Doctor Smith.”

A character who should have been at the forefront only on occasion now occupied center stage for most of the remaining shows, much to the displeasure of much of the rest of the cast.

The LIS movie, which I’m not that big a fan of, did have one cheery note: when Major Don West knocked him out at the end of the movie.

Oh yeah, Don West is no longer a major in the new series, but a smuggler who becomes close to the Robinson family.

The Robinsons, by the way, are no longer the close-knit family unit we saw in the 60s; Mom and Dad, well, they have their issues.

But Doctor Smith? Really? The character who put their lives in danger, week after week?

No offense to Parker Posey, whose work I have enjoyed, but it doesn’t matter if Doctor Smith is played by a man or woman. Smith is a wretched human being who, in reality, would have been thrown out of the airlock in his underwear at the first opportunity.

If folks are so intent on remaking an Irwin Allen property, I’d personally much prefer a remake of “Time Tunnel” or “Voyage to the Bottom of the Sea.”

Well, at least they’ll still have the Robot, who in this version will no doubt turn out to be addicted to some mysterious alien lubricant . . .

******

Today’s Soundtrack

Writing up a jig today as I compose along to the music from John Mack’s CD “Celtic Portraits.”

*****

Now on YouTube: a real challenger for the GOP’s Steve Womack

My interview with Robb Ryerse, a GOP candidate seeking to unseat Congressman Steve Womack.

https://www.youtube.com/watch?v=-ElfVbN2VLQ

"On the Air with Richard S. Drake" celebrates 27 years years on the air in 2018.

****

Quote of the Day

Books are becoming everything to me. If I had at this moment any choice of life, I would bury myself in one of those immense libraries . . . and never pass a waking hour without a book before me. - Thomas B. Macauley

rsdrake@cox.net

Women on the march

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Women will be marching in Little Rock Saturday for reproductive rights and for broader political aims.

The March on Arkansas will start forming at 11 a.m. Saturday at Pulaski Street and Capitol. They'll walk to the Capitol for a 1 p.m. rally for reproductive justice and other important issues.

Among those scheduled to speak before the walk are Democratic congressional candidates Gwen Combs, 2nd District, and Hayden Shamel, 4th District, 35th District state Senate candidate Maureen Skinner, state Sen. Joyce Elliott and state Rep. Vivian Flowers.

The aim, said a news release, is to set an agenda to "flip seats across Arkansas and the United States."

The day's events also include a MeToo panel discussion at 2:30 p.m. at the Studio at 320 W. 7th. It is hosted by MarchOnArkansas, described as "committed to dismantling systems of oppression by amplifying the message of groups practicing non-violent resistance and by promoting Arkansas candidates who support a pro-women platform and are also underrepresented, such as women, people of color, people with disabilities, and members of the LGBTQ community." This event will also serve as a fund-raiser for the Combs campaign.



Rutledge's man protects the usurious payday lenders

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Arkansas Attorney General Leslie Rutledge was among those who championed the appointment of Mick Mulvaney as head of the Consumer Financial Protection Bureau.

Of course. The Trump administration hates that the CFPB exists as a curb on predatory practices by financial institutions.

Rutledge's support for Mulvaney paid off today on a subject with which Rutledge is familiar.

Mulvaney announced that the bureau was dropping a lawsuit against a payday lender charging interest rates up to 950 percent and using a relationship with an American Indian tribe to skirt state laws.

Rutledge's own sordid history on payday lending as that she stood by silently when a payday lender moved backed into the state after a successful effort by Rutledge's predecessor, Dustin McDaniel, to run the bloodsuckers out of the state. Pressure from other sources forced one operator to abandon a North Little Rock operation, but today's action, consumer advocates fear, could open a loophole for more of the business targeted in the new-dropped lawsuit.

Allied Progress noted that Mulvaney, who'd vowed to uphold the law in running the bureau, received $62,000 from payday lenders when campaigning for Congress.

2018 Small Prints: Big show at ASU

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The "2018Delta National Small Prints Exhibition," a juried show of contemporary small printmaking by artists from across the country, opens today with 60 works in four galleries at Arkansas State University's Bradbury Art Museum with a 5 p.m. reception.

Also opening are "Spatial Differences," painting and sculpture by Robyn Horn, in the Stella Boyle Smith Gallery, and "Wizards and War Games,"black oil paint on the reverse of acrylic panels by ASU Professor Emeritus John Keech, in the Vaughn Gallery.

The yearly exhibition was conceived by retired ASU printmaking professor and Arkansas Artist Laureate Evan Lindquist in 1996. Several cash awards are made; they have not yet been announced.

DNSP Juror Mary Weaver Chapin, curator of prints and drawings at the Portland Art Museum, provided a juror’s statement:

“Confined to an image size not to exceed 24 by 32 inches, the participants of the DNSPE must create powerful graphic statements in just 768 square inches. Fortunately, artists — and, in my opinion, printmakers in particular — often thrive and excel in the face of boundaries, working within (or pushing against) the parameters of the medium or dimensions. I am delighted to report that the 2018 DNSPE artists rose to this challenge with exceptional grace.”
 
ASU Gallery Director Les Christianson also passed along artist statements; the following is from Horn, who is both woodworker and painter:

“Moving back and forth from 2D paintings to 3D sculpture gives me a perspective in realizing the differences in spatial dimensions. The geometry and textural qualities are very similar, but the paintings give me more opportunities to explore than the sculptures do, enriching both areas of my creativity.”

 Keech says the following:
“My pictures are a type of surrealism. I draw and imprint images on plexiglass. The paintings are peculiar and unearthly, but they are also compelling and persuasive.”

All three exhibitions will continue through Feb. 21. BAM hours are noon to 5 p.m. Tuesday, Wednesday, Friday and Saturday; noon to 7 p.m. Thursday; 2 to 5 p.m. Sunday, and by appointment. 

You can see last year's DNSP here.

NLR police identify officers in shooting of teen

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KARK reports that theNorth Little Rock Police Department has released the names of officers at the scene when a 17-year-old teen was fatally shot after he pulled a gun and fired it when being taken into custody after a traffic stop.

They are Officers Cody Stroud and Samantha Thompson, who joined the force in July 201, and John Blankenship, hired in August 2013. They remain on administrative leave as the circumstances are reviewed.

Charles Smith Jr., 17, died at the scene of a traffic stop last week at Camp Robinson Road and 52nd Street.

Thursday: The open line and the video report

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Here's the open line. Also the day's video, leading with discussion of Snowflake Tom Cotton.
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