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Fayetteville council repeals Ordinance 6,800 after city attorney and attorney general flag likely state-law conflict

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Summary

The Fayetteville City Council voted to repeal Ordinance 6,800 on third reading after the city attorney and the Arkansas attorney general concluded the ordinance likely conflicted with Arkansas Code Annotated §14-43-608. Council members and public commenters debated whether to wait for a replacement policy; the council approved the repeal 7–1.

Fayetteville City Council voted on March 4 to repeal Ordinance 6,800 on the third reading after the city attorney and the Arkansas attorney general advised the council the ordinance was likely preempted by state law.

City Attorney Kit told the council the city had to repeal the ordinance before its scheduled effective date at the end of the month because it “is almost certainly in violation of state law,” citing Arkansas Code Annotated §14-43-608. The attorney general’s opinion was cited by staff as supporting that conclusion.

Councilmembers and members of the public disagreed sharply about the timing. Several public speakers urged the council to postpone repeal until a replacement policy or…

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