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PROTECT FAYETTEVILLE v. FAYETTEVILLE

No. CV-17-849.

565 S.W.3d 477 (2019)

2019 Ark. 30

PROTECT FAYETTEVILLE f/k/a Repeal 119; Paul Sagan; Peter Tonnesson; and Paul Phaneuf, Appellants The State of Arkansas, Intervenor/Appellant v. The CITY OF FAYETTEVILLE, Washington County, Arkansas; Lioneld Jordan, in His Official Capacity as Mayor of Fayetteville; Adella Gray, Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tenant, Martin W. Schoppmeyer, Jr., John La Tour and Alan Long, in Their Official Capacities as Aldermen of the Fayetteville City Council, Appellees PFLAG of Northwest Arkansas; Anthony Clark; Noah Meeks; and Liz Petray, Intervenors/Appellees.

Supreme Court of Arkansas.

Opinion Delivered: January 31, 2019.

Attorney(s) appearing for the Case

Leslie Rutledge , Att'y Gen., by: Lee P. Rudofsky , Arkansas Solicitor General; and Nicholas J. Bronni , Arkansas Deputy Solicitor General, for appellant State of Arkansas.

Kit Williams , Fayetteville City Attorney, and Blake Pennington , Assistant City Attorney, for appellee City of Fayetteville.

Holly Dickson , The Arkansas Civil Liberties Union Foundation, Inc.; Leslie Cooper , The American Civil Liberties Union Foundation, Inc.; Sullivan & Cromwell, LLP, by: Garrard R. Beeney , Zachary G. Markarian , Joshua K. Handell , Yael R. Tzipori , and Jonathan J. Ossip , for intervenor/appellees.

Marty Garrity , Executive Secretary, Legislative Council; Steve Cook , Senate Chief Counsel; John T. Vines , Hot Springs National Park, House Counsel; and Frank Arey, Little Rock, Legal Counsel, Legislative Audit, for the Arkansas Legislative Council, President Pro Tempore of the Senate, and Speaker of the House of Representatives as Amicus Curiae in support of Appellant State of Arkansas.

Brett D. Watson, Attorney at Law, PLLC, by: Brett D. Watson , for the States of Texas, Alabama, Idaho, Indiana, Kansas, Louisiana, Michigan, Missouri, Oklahoma, and the Commonwealth of Kentucky, by and through Governor Matthew G. Bevin as Amici Curiae in support of Appellant State of Arkansas.

Quattlebaum, Grooms & Tull PLLC, Little Rock, by: Joseph W. Price II ; and Morgan Lewis & Bockius LLP, by: Susan Baker Manning , Jawad Muaddi , and Mary Susan Formby , for 27 Arkansas Employers as Amici Curiae in support of appellees.

Appellants Protect Fayetteville f/k/a Repeal 119; Paul Sagan; Peter Tonnesson; and Paul Phaneuf and intervenor the State of Arkansas appeal from an order of the circuit court denying their motion for a preliminary injunction enjoining enforcement of an ordinance passed by the City of Fayetteville. This court decided...

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