Justices rule to uphold lower court decision in tight 4-3 split vote

By Ralph Hardin

news@theeveningtimes.com

The Arkansas Supreme Court on Thursday affirmed a ruling for a Craighead County Circuit Judge involving a firearms ban policy at First National Bank Arena.

In the 4-3 ruling, justices agreed with Circuit Judge Cindy Richardson in the case involving Chris Corbitt versus Arkansas State University and trustees Christy Clark, Price Gardner, then-board member Niel Crowson, Jerry Morgan, Steve Eddington, Bishop Robert G. Rudolph Jr. and Paul Rowton.

Corbitt filed suit in Craighead County Circuit Court in November 2022, challenging the policy.

In the majority opinion from Justice Barbara W. Webb, Corbitt appealed the circuit court order granting summary judgment in favor of the state. 'For reversal, Corbitt argues that the circuit court erred in finding that Arkansas State University (ASU) can prohibit firearms in its on-campus arena, First National Bank Arena (FNB Arena), because the facility is covered by an alcohol permit. We affirm,' Justice Webb said.

In her opinion, Justice Webb said the arena is on A-State's campus and that the arena is covered by an Alcoholic Beverage Control permit, which covers the consumption and sale of beer and wine during designated events.

'FNB Arena has been covered by an ABC permit since 2015. There is written notice clearly readable at a distance of more than ten feet at each entrance to FNB Arena, which states “Carrying a Handgun is Prohibited” and “All Weapons are Prohibited.” The written sign and notice prohibiting firearms in FNB Arena complies with the requirements of Arkansas Code Annotated section 5-73-306(18),' Justice Webb said. 'Corbitt filed in the circuit court a complaint

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for declaratory judgment and injunctive relief. He sought a declaration that, as a holder of an “Enhanced Concealed Carry License” (ECCL), he was entitled to enter FNB Arena with a firearm except for those areas then hosting a collegiate sporting event. Corbitt further sought an order enjoining ASU from prohibiting ECCL holders from entering FNB Arena with a firearm. Corbitt holds an ECCL pursuant to Arkansas Code Annotated section 5-73322(g). The parties filed competing motions for summary judgment. Following a hearing, the circuit court entered an order granting ASU’s motion for summary judgment.'

The circuit court ruled that under current state law, the arena is covered under the permit and A-State can lawfully prohibit firearms in the arena, Webb noted in her ruling.

Webb said in the opinion that while Corbitt correctly noted that a portion of the law 'does not apply if the place is a public university, public college or community college', the alcohol permit provision covers the issue.

'Under Arkansas law, universities do not have the discretion to prohibit firearms. But in this case, ASU is prohibiting firearms at FNB Arena because the facility is covered by an alcohol permit, not because it is attempting to exercise discretion as contemplated by subdivision (18)(A). Importantly, the General Assembly excluded universities from subdivision (18)(A), but no such exclusion was included in subdivision (11), which pertains to places covered by alcohol permits. As discussed, FNB Arena is covered by an alcohol permit and has provided the requisite notice under subdivision (18)(A) that firearms are prohibited on the premises. The unambiguous language of subdivision (11)(B) supports ASU’s position that an ECCL holder may not enter FNB Arena with a firearm. Accordingly, ASU can lawfully prohibit firearm possession at FNB Arena under section 5-73-306,' Justice Webb said.

Dissenting Opinion

In a dissenting opinion, Justice Rhonda K. Wood said the state legislature has empowered people with endorsed concealed-carry licenses to carry weapons onto campuses. 'The Arkansas General Assembly created a legal means for individuals with endorsed concealed-carry licenses to bring their firearms onto the campuses and into the buildings of public universities, colleges, and community colleges. Appellant Chris Corbitt has such an endorsed license and desires to carry his firearm into ASU’s FNB Arena for nonathletic events,' Justice Wood said in her opinion. 'ASU objects because it sells alcohol in FNB Arena and it has posted a notice prohibiting firearms. Because the statutes provide that Corbitt may carry his concealed firearm in this context and the majority departs from established rules of statutory interpretation, I dissent. We interpret a statute by its clear and ordinary meaning. If we do this in a straightforward manner, the interpretation is simple and the result is obvious. I find that because Corbitt had the endorsement on his concealed-carry license under Arkansas Code Annotated section 5-73-322(b), subdivision 322(h) exempted Corbitt from section 5-73306(11)(B)’s restrictions on carrying a firearm in some establishments permitted to sell alcohol for consumption on the premises. And ASU could not use the notice provisions in subdivision 306(18) to bar Corbitt from carrying a firearm in a public university setting permitted to sell alcohol because the General Assembly passed an Act with language directly stating that subdivision 306(18)’s notice provisions are inapplicable to Corbitt’s endorsed concealedcarry license. We must interpret and apply the language as the General Assembly wrote it.'

Justice Wood also said in her dissenting opinion that the decision on the issue is up to the legislature.

'Finally, ASU and the majority contend they must prohibit firearms to comply with alcohol- and-beverage-control regulations, but this is not before the court. Corbitt filed suit claiming that the General Assembly authorized him to carry his firearm into this setting. ASU argued it was exempt. As it is not, that is where our analysis should end. Since it is not exempt, whether it chooses to violate a permit it voluntarily elected to obtain is a separate matter. It is this court’s role to interpret only what is before it. It is incumbent upon the General Assembly to decide public policy. It must create harmonious laws and determine whether it desires and can create an avenue for public universities to prohibit concealed firearms in campus establishments that sell alcoholic beverages beyond the exception it created for athletic events,' Justice Wood said. 'Although this statutory scheme was a grammatical obstacle course, we must clear every hurdle presented and cannot bypass ones inconvenient to the preferred result. Nor can we turn a blind eye to the legislative branches’ policy decision. It is not our court’s constitutional role to make policy. As the Arkansas General Assembly does not restrict Corbitt’s carrying his firearm in this context, I would reverse. For these reasons, I dissent.' In his dissenting opinion, Justice Shawn A. Womack said he believes the issue is a matter of Constitutional discussion.

'Article 5, section 20 of the Arkansas Constitution requires this court to reverse and dismiss this case. Without an express constitutional provision to the contrary, the State can never properly be a defendant in any of its courts,' Justice Womack said.

'The circuit court was simply without jurisdiction to consider Mr. Corbitt’s lawsuit because Article 5, section 20 affords the state immunity from suit in most instances, and none of the limited, constitutionally based exceptions were present here. The same is true for this court. For these reasons, I would reverse and dismiss the case and I once again call on the General Assembly to consider referring a constitutional amendment to the voters to address the applicability and scope of the issue of sovereign immunity. '

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