Tensions Flare Over FOIA at Tea Party Meeting in Jonesboro

JONESBORO, Ark. – Senator Dan Sullivan had several tense exchanges over the Freedom of Information Act (FOIA) at the NEA Tea Party meeting Monday night in Jonesboro.

Much of the meeting, held March 4 at Golden Corral, focused on the Government Disclosure Act and the Government Disclosure Amendment. The group first heard from conservative radio host Paul Harrell about a variety of topics. Then, free speech advocate Jimmie Cavin and trial lawyer Joey McCutchen were both present to speak to the crowd about the proposed act and amendment. Some of the discussion touched on efforts in the 2023 special session to dismantle the FOIA.

One citizen mentioned that an unnamed state senator had stated he couldn’t go against Governor Sarah Sanders, who spear-headed the attempt to dismantle FOIA last year in order to withhold records of her travels from the public.

But that very state senator, Dan Sullivan, was in the room and he seemed to recall the conversation. Sullivan asked the man if he was referring to him, to which the man responded yes. The state senator then said he did not recall ever saying those words.

“You’re a liar!” the man shouted at him.

NEA Report began filming the meeting at this point, as McCutchen told Sullivan he was wrong for voting to weaken FOIA. Sullivan took issue with Cavin and McCutchen asking him to sign a petition for an amendment he has not read.

“My question is, why haven’t you read it?” Cavin responded.

Sullivan replied, “Let me finish.” He said from what he knows of the act and amendment, he will support it. But he said he doesn’t know if he likes the idea of creating a new “bureaucracy.”

Cavin had already retrieved a copy and presented it to Sullivan, who seemed to take offense. Sullivan, again, asked if Cavin would let him finish. Cavin responded that Sullivan wanted the language, so he provided it to him. Then, Sullivan pointed out that he had not asked for the wording – he simply said he had not read it.

“I’m not arguing with you,” Cavin said. “I just wanted to provide it.”

“Well sure you are,” Sullivan replied. “You’re doing it right now.”

Cavin worked to diffuse the tension, which seemed effective for a time.

But, as McCutchen told a story of working with Sullivan on past legislation, he joked that Sullivan kicked him in the leg. Sullivan responded that wasn’t true. McCutchen continued the joke, and Sullivan took his glasses off as he asked, “Are you kidding me?” McCutchen said he was kidding. But Sullivan went on, saying some people would believe that, mentioning that he had already been pointed at and called a liar. McCutchen, again, repeated that it was a joke. Some in attendance laughed while others exchanged awkward glances.

While food and entertainment were aplenty, so was information about why the organizers see such an urgent need to strengthen FOIA in Arkansas. Cavin said both the act and amendment go hand in hand, with him participating in town halls and meetings to gather ideas from the public about what they wanted to see in it. He called it “born from the people.”

“If the governor goes on a trip, I can’t get her hotel invoice,” Cavin said. “I want to know if Bon Jovi is on that airplane. I want to know how many drinks we paid for.”

McCutchen talked about the battle on FOIA as a battle against freedom itself. He added that it should be the government’s job to protect our rights – not deny them.

Part of that protection would come in the form of a commission of five to decide on FOIA disputes, providing an alternative to costly circuit court battles. Another element would make the individuals responsible for a fine, rather than the government agency they’re working for. Currently, government employees can violate records requests with no personal consequences. Although it is supposed to be a misdemeanor, Cavin recalled a story where a prosecutor refused to charge a fellow government employee, even going so far as to threaten to charge Cavin, himself.

“We can no longer trust the legislature with our FOIA,” Cavin said. “We have to take the power from them and give the power back to the people.”

Once again, Senator Sullivan took issue with Cavin’s words. He said he felt Cavin wasn’t giving enough credit to the legislature.

“Tell me the credit deserved from the legislature on FOIA,” Cavin said.

“Yeah,” Sullivan said. “I think it was tough.”

“No wait,” Cavin insisted. “What credit do I need to give the legislature on FOIA.”

“What credit?” Sullivan repeated as he prepared to answer. “We had a strong debate and one side prevailed and the other side lost.”

“And you took away our rights,” Cavin said.

“And now there is a petition drive which is ‘We the People’ and the people have the opportunity because of the constitution to effectuate their position,” Sullivan responded. “They’re both true.”

As Cavin prepared to respond, Iris Wright Stevens, the event organizer, interrupted and attempted to get the discussion away from the argument.

Presently, the efforts to pass both an amendment and an act are in the petition phase. The amendment will require over 90,000 while the act will need over 73,000. There are also specific requirements for those signatures to be spread out across multiple counties. For example, Craighead County will need to contribute over 5,000 signatures. Organizers have until July 1 to gather all of the signatures.

In Jonesboro, petitions are available at The Jonesboro Sun offices. A Facebook group, AR Citizens for Transparency, is open to the public for anyone seeking more information.