IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLLE DIVISION

JOHN S. LATOUR                 PLAINTIFF

VS.                                                              CASE NO.: 02-5001

CITY OF FAYETTEVILLE, ARKANSAS;
BRANT WARRICK, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY AS
DEPUTY CITY PROSECUTOR; CLINTON
K. JONES, INDIVIDUALLY AND IN HIS
OFFICIAL CAPACITY AS CITY
PROSECUTOR; KIT WILLIAMS,
INDIVIDUALLY AND AS CITY
ATTORNEY; BOB ESTES, INDIVIDUALLY
 AND IN HIS OFFICIAL CAPACITY; AND
MIKE MCKIMMEY, INDIVIDUALLY AND
IN HIS OFFICIAL CAPACITY                                                                       DEFENDANTS

ANSWER OF DEFENDANTS

    COME NOW the Defendants, and each of them, and for their joint Answer to the Amended Complaint of the Plaintiff, John S. La Tour, they state as follows:
   (1) That they readopt, reallege and reassert all defenses and legal arguments set forth in their Motion to Dismiss which was previously filed herein.
    (2) That the Defendants admit Plaintiff has brought this suit pursuant to 42 U.S.C. § 1983, alleging that the sign ordinance of the City of Fayetteville, Arkansas, as applied, is an unconstitutional content-based regulation of expression and Defendants also admit that Plaintiff seeks declaratory and injunctive relief. However, Defendants deny all other material allegations contained and set forth in Paragraph 1 ,of the Amended Complaint of the Plaintiff. More specifically, the Defendants, and each of them, deny
that the City of Fayetteville sign ordinance is in any way unconstitutional as applied and that under no circumstances have the rights of the Plaintiff been violated by the application of the sign ordinance of the City of Fayetteville. Further, the Defendants' filed a Motion to Dismiss previously herein and the Court granted said Motion in part on July 18, 2002. On that date, the Court dismissed with prejudice the Plaintiffs claim for punitive damages. The claim of the Plaintiff for punitive damages is now barred as against all Defendants in every respect.
    (3) Defendants admit the Plaintiff operates an electronic message sign mounted inside his office window at 2285 West Sixth Street in Fayetteville, Arkansas but is without sufficient information and knowledge at the present time to either admit or deny the remaining allegations in Paragraph 2 of the Amended Complaint of the Plaintiff and therefore denies said allegations at this time.
    (4) Defendants admit that time and temperature signs function in a manner . substantially similar to that described in Paragraph 3 of the Amended Complaint of the
Plaintiff.
    (5) Defendants deny that the Plaintiffs electronic sign functions exactly like time and temperature signs. Defendants further admit that time and temperature signs display time and temperature and that Plaintiffs sign displays his political and religious opinions. Defendants further state that on occasion the Plaintiffs sign displays commercial messages instead of political or religious opinions.
    (6) Defendants admit that on January 3,2001 Judge Rudy Moore presiding in Fayetteville District Court found the Plaintiff guilty of a crime and fined him. Defendants further state the fine was $7,500.00 with all but $1,000.00 suspended. All other allegations in Paragraph 5 are denied.

    (7) Defendants admit Plaintiff appealed his conviction to the Washington
I County Circuit Court and further admit the case was settled prior to a trial in Washington County Circuit Court, by Plaintiff pleading guilty to the charge of Violating the Fayetteville Sign Ordinance and in exchange for the guilty plea, the fine and court costs previously imposed by Fayetteville District Court were all suspended on condition the Plaintiff not change the electronic message on his sign more frequently than every three hours. Defendants deny all other material allegations contained and set forth in Paragraph 6 of the Amended Complaint of the Plaintiff.
    (8) Defendants deny the allegations in Paragraph 7 of the Amended .Complaint of the Plaintiff.
    (9) Defendants admit this Court has jurisdiction of this case but not based upon the statutes cited by the Plaintiff in Paragraph 8 of his-Amended Complaint. Some of the statutes cited in Paragraph 8 by the Plaintiff do not exist.
    (10) Defendants admit venue for this case is proper but not based upon the statute cited by the Plaintiff in Paragraph 9 of his Amended Complaint.
    (11) Defendants admit Plaintiff is a resident of Fayetteville, Arkansas and is a practicing Certified Public Accountant. Defendants admit that Plaintiff is apparently pursuing this action on a pro se basis. The other allegations and statements in Paragraph 10 of the Amended Complaint of the Plaintiff do not require a response.
    (12) Defendants admit the City of Fayetteville is a Defendant as are several of the individual Defendants, but only in their official capacities and not in their individual capacities. Defendants further state that they previously filed a Motion to Dismiss which was granted as to Plaintiffs claims against Clinton Jones, Kit Williams and Bob Estes in their individual capacities and granted as to Plaintiffs claims against Brant Warrick and
Mike McKimmey in both their individual and official capacities. The aforesaid claims were dismissed by the Court. All other allegations in Paragraph 11 of the Amended Complaint of the Plaintiff are denied.
    (13) The Defendants admit the allegations in Paragraph 12 of the Amended
Complaint of the Plaintiff.
    (14) The Defendants deny the allegations in Paragraph 13 of the Amended
Complaint of the Plaintiff.
    (15) The Defendants deny the allegations in Paragraph 14 of the Amended
Complaint of the Plaintiff.
    (16) The Defendants admit the allegations in Paragraph 15 of the Amended
Complaint of the Plaintiff.
    (17) Defendants deny the allegations in Paragraph 16 of the Amended
Complaint of the Plaintiff.
    (18) Defendants deny the allegations in Paragraph 17 of the Amended
Complaint of the Plaintiff.
    (19) Defendants state that Paragraph 18 of the Amended Complaint of the Plaintiff does not require a response.

    (20) Defendants deny the allegations in Paragraph 19 of the Amended Complaint of the Plaintiff. The Separate Defendant, City of Fayetteville, as well as the individual Defendants, specifically deny that the Fayetteville Sign Ordinance seeks to regulate speech or to in any way deny the Plairitiff or any other individual his or her constitutional right to free speech or to deny the Plaintiff or any other individual his or her right to Equal Protection under the Fourteenth Amendment to the United States Constitution.

  
(21) The Defendants generally and specifically deny each and every material allegation contained and set forth in Paragraph 20 of the Amended Complaint of the Plaintiff.
    (22) The Defendants state that Paragraph 21 of the Amended Complaint of the Plaintiff does not require a response.
   (23) Separate Defendants McKimmey and Estes admit they had some conversation with the Plaintiff regarding his electronic sign but deny all other allegations in Paragraph 22 of the Amended Complaint of the Plaintiff. Further, Separate Defendant Estes states that all conversations he had with the Plaintiff were not in his official capacity as a member of the Fayetteville City Planning Commission but instead in his capacity as a friend of the Plaintiff. Separate Defendant McKimmey also states that all of the Plaintiffs claims against him, in both his individual and official capacities, have been dismissed by the Court. Separate Defendant Estes states that the claims of the Plaintiff as against him in his individual capacity have been dismissed by the Court.
    (24) Separate Defendant McKimmey denies the allegations in Paragraph 23 of

the Amended Complaint of the Plaintiff.

    (25) Separate Defendant Estes admits that he had several phone conversations with the Plaintiff on or near January 5,2000 but denies all other allegations contained and set forth in Paragraph 24 of the Amended Complaint of the Plaintiff. Further, Separate Defendant Estes states that any conversations he had with the Plaintiff were in his individual capacity and not his official capacity as a member of the Fayetteville City Planning Commission.
    (26) Defendants admit that attorney Jim Rose represented the Plaintiff in Fayetteville Municipal (now District) Court. Separate Defendant Estes admits attorney
Jim Rose telephoned him but denies all other allegations in Paragraph 25 of the Amended Complaint of the Plaintiff.
    (27) Separate Defendant Estes admits he had a phone conversation with attorney Jim Rose but denies all other allegations in Paragraph 26 of the Amended Complaint of the Plaintiff.
    (28) The Defendants are without information or knowledge to either admit or deny the allegations in Paragraph 27 of the Amended Complaint of the Plaintiff and therefore deny said allegations.
    (29) Separate Defendant Estes states that he testified truthfully and to the best of his ability at the Plaintiffs trial in Fayetteville Municipal Court. Separate Defendant Estes further states that his testimony speaks for itself and he denies all other material allegations contained and set forth in Paragraph 28 of the Amended Complaint of the Plaintiff.

    (
30) Defendants state that the allegations in Paragraph 29 of the Amended Complaint of the Plaintiff are not conducive to a response but to the extent one is required, all allegations are denied.
    (31) Defendants state that the allegations in Paragraph 30 of the Amended Complaint of the Plaintiff do not require a response and further that Defendants are without sufficient information or knowledge as to what Plaintiff mayor may not have done so as to be able to either admit or deny said allegations. Therefore, all allegations are denied.
    (32) Defendants state that the allegations in Paragraph 31 of the Amended Complaint of the Plaintiff are not statements of alleged facts but instead arguments and personal opinions of the Plaintiff, none of which require a response by these Defendants.
To the extent a response is required, all allegations in Paragraph 31 of the Amended Complaint of the Plaintiff are denied.
    (33) Defendants state that Paragraph 32 of the Amended Complaint of the Plaintiff does not state allegations of facts but merely cites an Arkansas statute which does not require a response by the Defendants.
    (34) The Defendants state they are without sufficient information or knowledge to either admit or deny the allegations in Paragraph 33 of the Amended Complaint of the Plaintiff and therefore deny said allegations.
    (35) Separate Defendant Williams denies the allegations contained and set forth in Paragraph 34 of the Amended Complaint of the Plaintiff.
    (36) Separate Defendant Williams denies the allegations contained and set forth in Paragraph 35 of the Amended Complaint of the Plaintiff.
    (37) Separate Defendant Williams states that the content of Paragraph 36 of the Amended Complaint of the Plaintiff does not constitute facts or allegations of fact but mere statements of personal opinions and conjecture and speculation by the Plaintiff, none of which requires a response by Separate Defendant Williams. To the extent a response is required, all allegations in Paragraph 36 of the Amended Complaint of the Plaintiff are denied.
    (38) Defendants state that the content of Paragraph 37 of the Amended Complaint of the Plaintiff does not state alleged facts but merely states opinions and arguments of the Plaintiff, none of which requires a response by these Defendants. To the extent a response is required, all allegations in Paragraph 37 of the Amended Complaint of the Plaintiff are denied.
   (39) Separate Defendants Estes and Williams emphatically deny all material allegations contained and set forth in Paragraph 38 of the Amended Complaint of the Plaintiff.
    (40) In response to the allegations in the Prayer For Relief of the Plaintiff, the Defendants generally and specifically deny each and every material allegation contained and set forth therein. More specifically, the Defendants deny that Plaintiff is entitled to injunctive relief of any kind or description against the City of Fayetteville or any of the individual Defendants herein. The Defendants further deny that the Plaintiff is entitled to any declaratory relief of any kind or description and further deny that the City of Fayetteville or any other Defendant herein has violated any of the constitutional rights afforded to the Plaintiff. Pleading further, the Defendants specifically state that the Plaintiffs claim for punitive damages has already been ruled on by this Court and that the claim of the Plaintiff for punitive damages has been dismissed in its entirety. Defendants further state that the claim of the Plaintiff for punitive damages has been eliminated in every respect and is no longer an issue in this case. Pleading further, Defendants state the Plaintiff is not entitled to recover costs of any kind or description nor is the Plaintiff entitled to any other relief of any kind or description.
    Pleading affirmatively, the City of Fayetteville states that it has the right under the law to regulate private property in a reasonable way in the interest of public health, comfort, convenience and maintenance of property values. At no time has the City of Fayetteville or any of the individual Defendants herein attempted to deny the Plaintiff or any other individual his or her rights to free speech or Equal Protection of the laws. Defendants further state that the Fayetteville Sign Ordinance is reasonable and constitutional in every respect and further state that Plaintiff has been allowed under the
ordinance, to state his political and religious beliefs on his electronic sign and allowed to change the content of his political and religious messages every three hours. The Defendants state that whatever regulation has occurred has been reasonable and fair and in no way has denied the Plaintiff his constitutional rights.
   WHEREFORE, PREMISES CONSIDERED, the Defendants, and each of them, pray that the Amended Complaint of the Plaintiff be dismissed with prejudice, for their costs herein incurred and for any and all other relief to which they may be entitled.

CITY OF FAYETTEVILLE, ARKANSAS
BRANT WARRICK

CLINTON K. JONES
KIT WILLIAMS
BOB ESTES
MIKE McKIMMEY

BY: ______________________

WOODY BASSETT (#77006)
BASSETT LAW FIRM

P. O. Box 3618
Fayetteville, AR 72702
(479) 521-9996

ATTORNEY FOR DEFENDANTS

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