Judge orders Fort Smith to pay $745,057 to settle recycling lawsuit

A circuit court judge ordered the city of Fort Smith to pay $745,057 as a consequence of officials failing to inform the public that the city had stopped recycling from October 2014 to July 2017. 

Judge Stephen Tabor released the ruling Wednesday, berating the city for its actions. 

"It is disconcerting to see the city dismiss the consequences of its actions on its citizens so cavalierly," Tabor said in his ruling. "It is perhaps what is most concerning about this entire matter because it leads to a concern that the city genuinely believes it has the right to deceive the public when it suits its purposes." 

Tabor also voiced concern that a situation similar to this one could arise in the future. 

"A lack of recognition or remorse leads to fears that such behavior may be repeated in the future," Tabor said in his ruling. 

Jennifer Merriott sued the city and represents all the people who paid a monthly sanitation fee during those 30 months that the city did not provide recycling. She is represented by Whitfield Hyman. 

Merriott initially requested that the city pay about $850,000 for its actions. But Hyman said he is pleased with having won $745,057. 

“It was definitely a win. Any amount of money was going to be a win," Hyman said. "We’re just happy. We’re ecstatic." 

The money will be distributed to about 40,000 people who were affected by the city's actions. 

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In a statement, City Administrator Carl Geffken said he and Jerry Canfield, the city's attorney, are strongly recommending that the city appeal the decision to a higher court. 

Throughout Tabor's ruling, he repeatedly called the city deceitful and reprimanded officials' actions. 

"Make no mistake — this case arose because officials of the city deceived the citizens whose interests they are charged to serve," Tabor said in his ruling. "The evidence and testimony produced at trial clearly demonstrated the deception was conducted purposefully over a period of approximately two and a half years and would have continued even longer were it not for the intervention of the media." 

Tabor also noted that while it takes significant effort to sort and clean recyclable materials, it would have been easy for the city to tell Fort Smith residents that the city was no longer recycling. 

"The covert aspect of the city's efforts is evidenced by the conscious decision to keep the truth out of public view," Tabor said in his ruling. 

Alex Gladden is a University of Arkansas graduate. She previously reported for the Arkansas Democrat-Gazette and The Jonesboro Sun before joining the Times Record. She can be contacted at agladden@swtimes.com.