Lawmakers press agencies after Alcoholic Beverage Commission temporarily suspends Temple Live's license

Representatives of Temple Live of Fort Smith told the State Agencies committee on May 19 that the venue’s liquor license was temporarily seized by Alcoholic Beverage Commission agents after state health officials signaled the event planned for May 15 should be postponed.

John Scott, attorney for Temple Live, said the venue planned a May 15 concert after public comments from the governor suggested large-venue relaxations would be forthcoming. Scott said the venue submitted an elaborate safety plan — including 20% capacity, temperature checks and masks — and that an initial ABC inspection on May 7 found no violations. He said the Department of Health later denied the application in a one-line email at 05:05 the Tuesday before the event and that a cease-and-desist order followed at 05:55. Scott said two ABC agents then removed the liquor license from the wall. "At 05:55 that afternoon, I received the cease and desist order that says, 'You shall not hold the event,'" Scott told the committee.

Mike Brown, Vice President of Operations, said the suspension was later reversed after Temple Live announced it would move the event to May 18 and the permit was returned. He said the venue had sold tickets to some out-of-state buyers but that organizers planned to refuse entry to attendees from restricted “hot spots.” The venue’s representatives argued their plan was equal to or safer than other permitted activities.

Department of Health general counsel Laura Shu and Reginald Rogers, deputy general counsel for the department, told the committee that while Temple Live submitted plans and some elements were acceptable, the department’s reopening dates for large indoor venues — crafted by epidemiologists and infectious-disease experts — designated May 18 (with limited capacity) as the first permissible date. Dr. Jennifer Dillehay, the state epidemiologist, told lawmakers crowded indoor venues pose prolonged close-contact risk and said the department had asked Temple Live to postpone the event for safety reasons.

Committee members repeatedly criticized executive-branch officials for not appearing in person. Several lawmakers said they had asked ABC director Dorelee Chandler and Commerce Secretary Mike Preston to testify; the agencies declined, citing administrative processes and, in Preston’s case, an FBI inquiry. In response, the committee approved a motion to issue subpoenas to compel Director Dorelee Chandler and Secretary Mike Preston to appear for questioning, subject to the usual procedural approvals, and the motion was carried by voice vote.

Why it matters: The exchange probed the boundary between public-health directives and administrative licensing enforcement. Temple Live’s representatives said the actions deprived them of property without due process because they did not receive prior notice of violations; health officials said the department was directing a statewide public-health response and had repeatedly asked the venue to postpone.

What happens next: Committee leaders asked staff to get ABC meeting minutes and related correspondence and to follow up on the subpoena process. Temple Live representatives said they may pursue administrative remedies if the committee’s inquiries show improper process.