Attorney files second lawsuit against city of Fort Smith

FORT SMITH, Ark.—An attorney has filed a second lawsuit against officials in Fort Smith, saying they violated the Arkansas Freedom of Information Act by discussing city business in emails.

The lawsuit was filed Monday against city directors on behalf of a local resident, the Arkansas Democrat-Gazette reported. It alleges that Andre Good, Keith Lau and Mike Lorenz violated the law when they sent emails to the other city directors expressing their opinions about a settlement offer that the attorney, Joey McCutchen, made in a previous lawsuit.

The lawsuit also alleges the emails amounted to an unlawful meeting and asks a court to bar the directors from “conducting business out of the public view through private emails.”

Sebastian County Capt. Philip Pevehouse said he’s investigating the email complaint.

Lau and Lorenz said the law is unclear about the difference between formal and informal meetings.

“This lawsuit is a frivolous waste of resources and mocks the FOIA law and our legal system,” Lorenz said in an email. “I am hopeful that the judge will not only find in the city’s favor but also fine McCutchen for such frivolous abuse of the law and using these cases for what is clearly a marketing/advertising plan for his law firm. I will not admit guilt to a violation that I know does not exist.”