Slap Down: Damascus AR, City Abused Police Power, Sanctions Stop Police Department From Issuing Traffic Citations

DAMASCUS, Ark.- – (via KARK) — In a document released Wednesday, 20th Judicial District Prosecuting Attorney Cody Hiland issued sanctions against the City of Damascus after he declared that the city abused its police power and was in violation of the “Arkansas Speed Trap Law.”

The sanctions prohibit the local police department from issuing traffic citations for at least one year. 

Hiland said the city abused its police power “through the enforcement of criminal and traffic laws for the principal purpose of raising revenue for the municipality and not for the purpose of public safety.”

The City of Damascus responded, saying it “categorically and specifically denies all statements and allegations.”

Though the city argued it was not in violation of the law, the Arkansas Division of Legislative Audit and the Arkansas State Police upheld their findings that Damascus generated revenue from fines and costs in excess of 30 percent of the City’s Adjusted Expenditures, indicating it was abusing its police power and violating the “Arkansas Speed Trap Law.” Therefore, the document states, Damascus is subject to the sanctions provided by the law.

The document states that the Prosecuting Attorney has the power to issue the following sanctions:

1. Order the city abusing police power to cease patrolling any or all affected highways.

OR

2. Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases be paid over to a county fund for the maintenance and operation of the public schools within the municipality’s county.

Hiland chose the first option.

“The City of Damascus is hereby ordered to cease patrolling all affected highways within the jurisdictional limits of the city,” he stated in the document.

This order will remain in effect through Hiland’s term of office, but the City of Damascus does have the option to petition for a review after one year to address any public safety concerns that may arise.  

Any police officer’s violation of this sanction will result in a Class A Misdemeanor offense each time a violation is committed.

This sanction only applies to traffic violations, not citizen calls for assistance or enforcement of other state or local laws. 

Hiland says he is aware of the need to continue regulating traffic in Damascus. So, in order to continue to keep the public safe, Hiland has called for the Arkansas State Police, Faulkner County Sheriff’s Office, and Van Buren County Sheriff’s Office to alternate responsibility for patrolling the area since there will be no local patrols. This Interagency Memorandum of Understanding (MOU) between the three agencies is in place for one year. 

Lastly, Hiland included a letter from Faulkner County Judge Jim Baker requesting that the City of Damascus install a red light on Highway 65 and Highway 124. Baker believes this would help curb speeding and ease the public safety concern.