[Update] Arkansas Side Businesses Seek Temporary Restraining Order To Stop Local Option

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Update 2:50 P.M. – The judge has ruled denying the restraining order.


Order From TRO

Two Arkansas side liquor stores were in court Monday morning seeking a temporary restraining order to to stop a proposition to sell beer & wine in Texarkana, Texas from being added to the November ballet.

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Defendants speculated in court that Plaintiffs wanted to keep the proposition off the November election ballot because it is a gubernatorial election. If the proposition is not added to the November election, then it would be on an election in May 2015, which would have less voters. Plaintiffs denied that the Defendants knew of the reasons why the Defendants had brought suit.

Plaintiffs argued that the City of Texarkana, Texas did not adhere to the statutory requirements to gain the authority to add the proposition to the ballot. Specifically, Plaintiffs argued that the City Secretary, Jennifer Evans, did not verify the names on the petitions as required by Texas Election Law. Plaintiffs filed the lawsuit last week, and Ms. Evans testified that she verified 2,981 signatures two days ago, August 9th, 2014. The required number to get the proposition on the November ballot is 2,755.

Judge Webb Biard stated that he would provide a ruling today. Plaintiffs stated that if the Judge ruled that the Defendants have complied with the statutory requirements, then the Plaintiffs may dismiss the lawsuit this afternoon.

Tonight at the City Council meeting, the City of Texarkana is slated to vote on whether to add the proposition to the November 2014 election as well as vote on six changes to the City Charter.

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