At the August 13, 2019 quorum court meeting, Quorum Court Attorney Clay McCall explained why the county’s local option ordinance wouldn’t work. An ordinance presently before the quorum court is similarly unworkable.
I transcribed Clay McCall’s discussion in an August 2019 blog post. Here are a few excerpts:
Local Ordinance 18-0-42, known as the local option ordinance, was an attempt to restrict the Pope County Judge and the Pope County Court.., Quorum Court, from issuing a letter of support or a resolution of support without first submitting the issue to a vote to the citizens of Pope County.
The amendment requires each applicant to have a letter of support or resolution of support were issued by the county judge court or quorum court, respectively.
This is a constitutional power afforded to the county judge and quorum court and cannot be restricted by legislature or local ordinance.
The Arkansas Constitution is the preeminent law of the land. With regards to any conflict between the Constitution and state and local legislation, the Constitution prevails.
The language of the ordinance attempted to prevent the Pope County Judge or Quorum Court from issuing their support.
However, no local legislation shall be enacted contrary to the Constitution or any general law of the state and any general law shall have the effect of repealing any local legislation which is in conflict therewith.
So, if the ordinance is, in fact, in conflict with the Constitution, the Constitution, by effect, repeals the ordinance.
…the local ordinance is in conflict with Arkansas Constitution Amendment 100, which expressly grants the county judge and Pope County Quorum Court the authority to issue a letter or resolution of support.
Of course, since the license has been issued, the current proposed ordinance is moot, but it is still on the agenda for the next quorum court meeting for the third and final reading.