Today a lawsuit was
filed in Sebastian County Circuit Court, Ft. Smith, Ark. against the Ark. State
Police who are producing documents in Spanish and issuing Ark. Driver’s
Licenses to Illegals at taxpayer cost, and in my view, a criminal act by any
standard.
Our litigation will
smoke out the heavy hitters in the Arkansas Friendship Coalition made up of the
state’s open-borders, cheap labor advocates, i.e. Tyson’s, Walton’s, Stephen’s,
Alltel, LULAC, Associated General Contractors, Clinton School of Public
Service, Catholic/Jewish/Protestant Churches, ACLU, Stodola Law Firm…to name a
few. Undergirding the aforementioned are the Chambers of Commerce, all involved
in destroying our sovereignty, the rule of law, heritage, culture, and standard
of living.
The laws are plain,
English is the official language of Arkansas and naturalized citizens are
required to have a reasonable knowledge of English, therefore why the illegal
exaction of taxpayers’ dollars for information printed or spoken in foreign
languages? This is another attack on middleclass Arkansans by the elites
and ethno-centric organizations who have no regard for the Constitution and the
stability of our society.
Kindest regards,
Joe McCutchen
IN THE CIRCUIT COURT OF SEBASTIAN COUNTY, ARKANSAS
FORT SMITH DISTRICT
CIVIL DIVISION
JOE McCUTCHEN PLAINTIFF
vs. NO. CV-08-477 (V)
laceName w:st="on">ARKANSASlaceName> laceType w:st="on">STATElaceType>
POLICE DEFENDANT
COMPLAINT FOR INJUNCTIVE RELIEF
Comes now the Plaintiff, Joe
McCutchen, and for his cause of action, states:
1. At
all times material hereto and at the present time, the Plaintiff, Joe McCutchen
was a citizen and resident of Fort
Smith, Sebastian County, Arkansas. Plaintiff is presently, and has for many years,
been a taxpayer in the State of Arkansas.
2. The
Arkansas State Police is an agency or division
of the State of Arkansas
charged with responsibility for administering driver’s license examinations,
among its other duties. The Arkansas
State Police maintains a place of business in Fort Smith, Sebastian County, Arkansas. Venue is proper herein pursuant to Ark. Code Ann. § 16-60-105 made applicable by Ark. Code Ann. § 16-60-103(3).
3. This
is a cause of action seeking injunctive relief to enjoin an illegal exaction
that has occurred in the past and continues at the present time. The illegal exaction consists of the unlawful
expenditure of public funds for the printing of driver’s license instructional
materials and drivers license examinations in Spanish. This Court has jurisdiction over this matter
pursuant to Ark. Const. art. 16, § 13. See
Hoyle v. Faucher, 334 Ark.
529, 975 S.W.2d 843 (1998).
4. Ark. Code Ann. § 1-14-117 mandates that English is the
official language of the State of Arkansas.
5. Ark. Code Ann. § 27-16-704
requires that all persons taking a driver’s license examination must have the “ability to read and understand the highway traffic laws of
this state.” Because the traffic laws of
this State are written in English, all persons taking an examination for a
driver’s license must show an ability to read and understand the laws in
English.
6. Ark.
Code Ann. § 27-16-704 prohibits issuing a driver’s license to any person who
makes an initial application for a license and who is not lawfully within the United States.
7. As
part of its obligation to administer driver’s license examinations, the
Arkansas State Police publishes driver’s license testing instructional
materials that contain information necessary to pass the examination. See Ark. Code Ann. §§ 27-18-108
and 27-18-109. A copy of portions of the
instructional materials are attached hereto, marked as Exhibit A.
8. In
addition to publishing instructional materials in English, the Arkansas State
Police publishes the instructional materials in Spanish. A copy of portions of the instructional
materials in Spanish are attached hereto, marked as Exhibit B.
9. Publication
of the instructional materials in Spanish is at a substantial cost to Arkansas On information and belief, the instructional
materials cost several thousands of dollars in 2007. taxpayers.
10. Publication
of the instructional materials in Spanish offends both the explicit provisions
and the spirit of Ark. Code Ann. §§ 1-14-117, 27-16-704.
11. On
information and belief, the Arkansas State Police is further causing the
examination for drivers licenses in Arkansas
to be provided in Spanish. The Arkansas
State Police is having to expend taxpayer funds for printing or copying of the
examination in Spanish. Publication and
giving of the examination in Spanish offends both the explicit provisions and
the spirit of Ark. Code Ann. §§ 1-14-117, 27-16-704. It further provides a mechanism for issuing
driver’s licenses to persons who are unqualified to receive licenses pursuant to
Ark. Code Ann. § 27-16-704.
12. As
a taxpayer, the Plaintiff is entitled to injunctive relief to prevent further
use of taxpayer funds for the publication of both instructional materials and
the driver’s license examination in Spanish.
WHEREFORE, premises considered, the
Plaintiff, Joe McCutchen, prays that this Court issue an injunction prohibiting
the Defendant, Arkansas State Police, from using taxpayer funding for the printing
and publication of driver’s license instructional materials and driver’s license
examinations in Spanish, and for such other relief as is proper.
__________________________________
Sam
Sexton, III (#87-157)
Attorney
at Law
PO Box 1971
Fort Smith, AR
ostalCode w:st="on">72902-1971ostalCode>
Phone
(479) 783-0036
Facsimile
(479) 783-5168
