Regarding the results of my recent FOIA:

Director Michael Langley & the ABC Board, March 13, 2010

Briefly, I am sorely disappointed in your various conclusions regarding the issuance of a liquor license to Maria L. Diaz-Leon.

This woman allegedly became a naturalized citizen in 1999 and in 2005 & 2006 she was arrested by the INS station at Hebbronville, Texas for smuggling aliens or harboring aliens. That is a fact. A fact that should have negated her citizenship. The fact that she is not in jail is simply due to the non-performance of at that time the INS, now ICE. By the way, if she is a naturalized citizen, why does she need an interpreter? When was the requirement of learning our English language dropped from the process of becoming a naturalized citizen?

As you know, she has had other legal problems. Each of you, with the exception of Director Langley, demonstrated that you were hell-bent on giving this woman a liquor license. Why? Political Correctness, or some other reason? Cui bono?

Long time Detective J.C. Ryder made a statement “as far as Mr. Ryder knows there is nothing about Ms. Deleon that would disqualify her from holding an ABC permit”. This flies in the face of testimony by Fort Smith Police Chief Kevin Lindsay. J.C., may I introduce you to 8 USC, Section 1325, most particularly 1324a…hiring, harboring, transporting any illegal alien—a felony punishable by 10 yrs jail and $2,000 fine for each illegal. J.C., I believe if you had conveyed the above to the Board we would not have another out-of-control illegal Mexican operation on Midland Blvd. In all actuality it should never have gotten to the point where you became involved.

I hope your future performances display a more professional and Constitutional conduct. The awarding of this license is a travesty, another example of selective law enforcement.

Kindest regards,

Joe McCutchen

Fort Smith

P.S. Isn’t it ironic that she named her “club” El Coyote?

February 12, 2010

Via Facsimile 501-682-2221

Alcohol Beverage Control Division

Attn: Legal Division

1515 W. Seventh Street, Rm. 503

Little Rock, AR 72201

Re: Freedom of Information Act Request of Joe McCutchen

Ladies and Gentlemen:

I represent Joe McCutchen of Fort Smith who sent a Freedom of Information Act request to your agency that was received on January 27, 2010. Please advise me as to when he may expect the requested items.

Thanking you for your attention to this matter,

Yours very truly,

Sam Sexton, III

Attorney at Law

Joe McCutchen

2916 Heather Oaks Way

Fort Smith, AR 72908

Phone (479) 646-8261

January 26, 2010

CERTIFIED MAIL – RETURN RECEIPT REQUESTED

Custodian of Records

Arkansas Alcohol Beverage Control Board

1515 West Seventh Street, Suite 503

Little Rock, AR 72201-3939

Re: Freedom of Information Act Request

Dear Sir or Madam:

Pursuant to the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101), I hereby request copies of the following public records:

a copy of all documents that are subject to disclosure under the Arkansas Freedom of Information Act in the files of the Arkansas Alcohol Beverage Control Division or Board regarding an application for and issuance of a permit of any type to Maria L. Diaz De Leon or the Club El Coyote in Fort Smith, Arkansas.

Please be advised that I am specifically excluding from this request any documents that are protected from disclosure by the Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g. I am requesting that any documents that contain information that may be exempt from disclosure be redacted so that the redacted document may be provided pursuant to this request.

The requested information may be provided to me at the address specified above. I offer to pay the actual cost of reproduction, as defined by statute, either in advance of copying or pursuant to a statement or invoice from you after copying occurs. If such charge will exceed $100.00, please notify me in advance of copying.

Alternatively, if you are otherwise unable to comply with this request, I request reasonable access to the identified public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records.

I likewise request to know the name of the custodian of the records specified above if you are not in possession of such items.

Thanking you for your attention to this matter,

Yours very truly,

Joe McCutchen

January 25, 2010

Open letter to the Arkansas Beverage Control Board

Are the Constitution, federal and state laws being corrupted by politicians, bureaucrats and other appointed and/or hired “officials” through stupidity, ignorance, criminal activity or buy-outs?

Witness the story appearing in the Fort Smith Times Record 1/21/10 titled “Alcohol permits awarded.” The principal in this piece was one Maria L. Diaz De Leon who was awarded an Arkansas state liquor license by the Arkansas Beverage Control Board (ABC).

Examine the facts as the Times Record presents them: Fort Smith detective Cody Elliott uncovered a dearth of evidence suggesting that Maria De Leon was not legally worthy to receive a liquor license. The ABC had the negative information in hand regarding De Leon. ABC Director Langley voted to deny De Leon a liquor permit, but he was overridden by Board member Ron Fuller’s comments and vote and the rest of the board was swayed by his politically correct rhetoric. Fuller’s comments: “the language barrier may have caused some confusion during the interview,” and “I think we should give people new to our country perhaps an opportunity to show they can be very successful and to show that they are genuine part of American society.”

The Fort Smith Detective’s investigation revealed the following: De Leon had been cited for traffic violations and was reportedly once arrested in Texas on suspicion of smuggling and harboring illegal immigrants (a felony under federal law 8 USC, but law enforcement rarely ever pursues charges against illegals). Furthermore she lied through a translator saying she’d never been cited or arrested.

It certainly appears obvious to me this woman is an illegal alien, unable to speak English (a requirement for naturalized citizens), a suspected illegal smuggler, an unsafe driver, and a liar. To top it off she has the audacity to name her club “El Coyote.” Coyote is the common name used to describe Mexican human traffickers.

In my opinion, a majority of the ABC Board, and in particular Ron Fuller, can only be described as criminally contemptible and grossly incompetent. Fuller’s statement saying that De Leon is a “genuine part of American society” is blasphemous to the rule of law and legitimate citizenship.

As a citizen of the U.S. and Arkansas, I demand this license be cancelled immediately and if not so, action be taken against the ABC to prevent it from issuing licenses to persons who are not lawfully present in Arkansas. What’s more the woman should be arrested, punished and deported if, in fact, she is not here legally.

This woman appears to be potentially guilty of at least two criminal acts—invading our country illegally and trafficking in human beings, while lying about receiving numerous traffic citations, which poses the question … did she have any insurance? Meanwhile the Sebastian County Sheriff, ICE, and the FBI refuse to enforce 8 USC Sections 1324(a), 1324(c), & 1644.

The Club El Coyote will no doubt be a conduit for more illegals. It’s a shame that the American citizen who applied for a license at the Season’s Inn was rejected for minor citations 20 years ago—American justice?

Kindest regards,

Joe McCutchen

2916 Heather Oaks Way

Fort Smith, AR 72908

Joeusa@cox.net

cc: Governor Beebe

Attorney General McDaniel

Fort Smith Mayor and City Board of Directors

Fort Smith Police Chief Lindsey

Sebastian County Sheriff Atkinson

Arkansas Citizen Taxpayers