Back for more: Hackett chases 2A title after 3A win
Hackett faces Riverside for the 2A state softball title Saturday at UCA, seeking a second straight championship after last year’s 3A title win.
- The Fort Smith Board of Directors voted to restrict new tobacco and vape retailers from operating within 500 feet of schools or daycares.
- The board debated the retroactive application of the ordinance to an existing business near Northside High School, sparking concerns about fairness and due process.
- While some directors advocated for a larger buffer zone, the 500-foot restriction was approved, with dissenting votes citing concerns about overreach and potential harm to businesses.
- The board also supported state legislation raising the legal age for purchasing consumable hemp products to 21.
The Fort Smith Board of Directors voted May 20 to amend the city’s Unified Development Ordinance to prohibit new tobacco or vape retailers from operating within 500 feet of a school or daycare.
The ordinance originally proposed a 1,000-foot restriction, but Director Lee Kemp offered an amendment to reduce the distance to 500 feet. The policy does not apply retroactively — it will only affect new or existing businesses if sold or leased.
“If we have teenagers struggling with this and do nothing about it, we’re doing it just for ourselves, just allowing the market to develop where it develops,” Kemp said. “Where in here do we care about the next generation that isn’t here to speak up for itself?”
Two vape or tobacco stores currently are within 500 feet of Northside High School. Under Arkansas law, tobacco and vape sales to individuals under 21 are prohibited.
The board also discussed the feasibility of retroactively removing the tobacco license from 123 N. 22nd St., a business near the Northside campus. The store, which has not yet opened, catalyzed the ordinance.
Director Jarred Rego (Ward 1) asked whether the business owner, Hafid Hafeed, would voluntarily rescind his tobacco license. Hafeed responded that his business is intended to serve commuters on Rogers Avenue, not students, and noted he had never been cited for selling tobacco to anyone under 21.
Director Christina Catsavis expressed deep concern about the board’s willingness to consider revoking a license from a business that had followed all applicable laws and procedures.
“You can’t take someone’s business away because they’re not ‘technically’ open,” she said. “I’m not in support of tobacco products, but this discussion is concerning because it undermines confidence in our regulatory process. It sends a message to the business community that there’s no stability in Fort Smith.”
Catsavis added that she felt the board had overreacted.
“We should have taken a beat, sobered up a little bit, analyzed the information, and come up with a solution,” she said. “I couldn’t even sleep last week because it kept going through my mind that someone can go through the process, follow the law, and we steal their business from them.”
Director Kevin Settle supported the original 1,000-foot limit and said even that was too short.
“Protecting our kids is one of the reasons I ran,” Settle said. “Who in the heck… They’re marketing toward our kids — cotton candy? C’mon, that’s strictly for kids. And we’re worried about 500 extra feet? I think it should be a mile.”
An audience member interjected out of order, “It’s not your business!”
Settle responded: “It is my business because I represent this city. It is my business because I care about the kids of this city. Any board member should consider the children and the future of this city. We have one shot to get it right for our youth. If you don’t think there’s an epidemic in our schools, you’re kidding yourself. We have a chance to make a difference. Is it going to be perfect? No, but we can make a change.”
The motion to reduce the buffer zone from 1,000 to 500 feet passed 4-3, with Directors Christina Catsavis, Settle, and Neal Martin voting no. The amended ordinance then passed 6-1, with Catsavis in opposition.
In a related move, the board also passed a resolution supporting Arkansas legislation that would prohibit the sale of consumable hemp products to individuals under 21. That law, Act 629, is currently under injunction due to a pending federal court case.
Earlier in the meeting, city staff noted that Fort Smith already exceeds state minimum notification requirements for property violations by using certified mail and conducting legal interest searches, rather than just sending first-class mail as required by law.
No action was taken following a two-hour executive session concerning the performance evaluation of Acting City Administrator Jeff Dingman.
Directors plan to revisit the evaluation during a continued executive session at the board’s June 3 meeting. That session also will include discussion about appointing a director of internal audit.
Director George Catsavis (Ward 4) left the meeting about 8:10 p.m., before the conclusion of the consent agenda.
