PROTECT FAYETTEVILLE v. FAYETTEVILLE

No. CV-17-873.

566 S.W.3d 105 (2019)

2019 Ark. 28

PROTECT FAYETTEVILLE f/k/a Repeal 119; Paul Sagan; Peter Tonnessen; and Paul Phaneuf, Appellants. 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; Alan Long; Justin Tennant; Martin W. Schoppmeyer, Jr.; and John La Tour, in Their Official Capacities as Aldermen of the Fayetteville City Council, Appellees. PFLAG 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.


This interlocutory appeal presents issues of first impression concerning legislative and executive privilege in Arkansas. The State filed the appeal pursuant to Arkansas Rule of Appellate Procedure— Civil 2(f) after the circuit court denied its motion for protective order and motion to quash. Because of...

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