Representative Julie Mayberry, her husband and a daycare center owner filed a lawsuit in Saline County on September 18th against the ABC. The lawsuit seeks a judicial review of a decision made by the ABC to issue a permit to Dr. Harry Bryant (who happens to be the Mayberry's vet) to open a liquor store in a strip mall on Arch Street in Saline County.
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| PROPOSED SITE OF LIQUOR STORE |
Dr. Bryant, according to a Yelp review, is a horrible veterinarian. Perhaps that is why he is wanting to open a liquor store.
There are two daycare centers that fall within 900 feet (one is 350 feet) of the proposed liquor store.
As Mayberry pointed out to the ABC Board when they held a hearing on the proposed site and in her lawsuit, Arkansas Attorney General Leslie Rutledge issued an opinion on June 15, 2015 to Rep. Kim Hammer of Benton, in which she stated that a daycare center is indeed a schoolhouse.
Mayberry also included in her lawsuit an Arkansas Supreme Court Case that referenced the Arizona Case Rutledge mentioned in her opinion, Alexander v. Phillips, 31 Ariz. 503, 254 P. 1056, 52 A.L. R. 244. That found a stadium met the definition of a schoolhouse.
ABC Administration Director Bud Roberts and ABC Enforcement Director Boyce Hamlet, not trusting their enforcement agents, made a road trip to East End to investigate the two daycare centers.
After visiting the two centers, Roberts issued a memorandum that questioned the qualifications of the center staff, their accreditation and their training. Hmmm, maybe Bud should look at his partner Hamlet. Many say the same sort of things about him and his position at the ABC.
Roberts memorandum also tries to obfuscate what Rutledge actually said about daycare centers being schoolhouses.
Bud must be hanging around with Boyce too much as his IQ appears to be dropping. Rutledge clearly stated that she believed a daycare center is to be considered as a schoolhouse under Arkansas law.
In a television interview, Roberts stated that the daycare centers do not meet the legal definition of a schoolhouse.
After all Roberts is an experienced lawyer. So what if he only has filed very few cases in the city and county where he practiced law (all divorce cases by the way). Ten cases in the last five years. Thank god that his brother made that nice donation to Asa's campaign and hired Asa's son so that Bud could get a decent paying, steady job.
Come on now Bud, even Rutledge knows that the word "schoolhouse" is not defined in the current proximity law and it's not defined in the ABC regulations either. Neither is it defined anywhere else in the Arkansas Code. Furthermore, no Arkansas appellate court, or federal court interpreting Arkansas law, opined on the meaning of schoolhouse in any context.
Rep. Mayberry raises valid points in her lawsuit and has the best interests of Arkansas children in mind. The ABC better get ready for the next legislative session.
