Damascus’ bid denied: Still can’t write tickets

CONWAY — A prosecutor said Wednesday he wouldn’t lift speed- trap sanctions against the small town of Damascus, in part because of what he called the level of past abuse of police power.

Barring court action, the decision by Prosecutor Luke Ferguson means the sanctions will remain in effect through the end of 2018 for the town, which lies along U.S. 65 between Conway and Branson.

The sanctions prohibit Damascus police from patrolling U.S. 65 or Arkansas 124, both of which run through the town of about 380 residents. The Arkansas State Police and sheriff’s offices in Faulkner and Van Buren counties now handle traffic patrols there.

Damascus City Attorney Beau Wilcox recently asked Ferguson to lift the sanctions and said the city would agree to some restrictions.

In a letter to Wilcox, Ferguson said he based his decision on two factors.

“First, the extent of the abuse of police power discourages me from removing the sanctions,” the prosecutor wrote.

“Second, the city’s proven lack of oversight, which allowed the … problems to develop, is a significant factor in my decision to leave the sanctions in place,” he added.

In an emailed statement, Wilcox said “the practical effect of these sanctions has been not to curb alleged police abuse,” but essentially to “advertise to motorists that Damascus police will be powerless to stop and cite those who legitimately violate traffic laws within the community, thereby encouraging more flagrant violations.”

Then-Prosecutor Cody Hiland found last year the town was operating an illegal speed trap and ordered the sanctions. Ferguson, who succeed Hiland in office, reviewed and stood by the sanctions.

“The police force in Damascus and their policing activity were extremely disproportionate to the reasonable public safety needs of the city,” Ferguson wrote.