ACLU of Arkansas, For AR Kids Secure Settlement Affirming Right to Petition in Public Spaces

ROSE BUD, Ark. —Today, the ACLU of Arkansas, on behalf of For AR Kids, a citizen-led ballot question committee working to advance education reform in Arkansas through the ballot initiative process, reached a settlement with the City of Rose Bud that affirms the fundamental First Amendment right to petition the government and brings an end to the city’s unlawful attempt to restrict political canvassing on public property.

The lawsuit challenged a 2024 ordinance passed by the Rose Bud City Council that restricted people and organizations from collecting signatures for ballot initiatives at town-sponsored events and other public spaces. The ordinance was passed just days before Summerfest, a major town event where ballot question committees — including For AR Kids — planned to canvass in support of a proposed state education reform initiative.

On June 20, 2024, the United States District Court for the Eastern District of Arkansas issued a temporary restraining order blocking enforcement of the ordinance, citing serious constitutional concerns. The city later repealed the ordinance. Under the settlement, Rose Bud has committed not to engage in similar conduct in the future.

“This case was about a core democratic principle: the right of the people to speak, organize, and petition their government in public spaces without fear of censorship or retaliation,” said John Williams, legal director of the ACLU of Arkansas. “The ordinance was riddled with First Amendment problems — it was not content-neutral, restricted speech in a traditional public forum, and appeared to target a specific viewpoint. This settlement makes clear that local governments cannot silence political participation simply because they don’t like the message.”

Under the agreement, the City of Rose Bud must provide the ACLU of Arkansas with at least 30 days’ notice of any future proposed ordinance that would restrict canvassing on public property and engage in good-faith discussions to resolve constitutional concerns without additional litigation. The city will also pay $3,500 in attorney’s fees and $405 in litigation costs. The case will be dismissed with prejudice, and the court will retain jurisdiction to enforce the settlement.

“Petitioning isn’t a special privilege — it’s how everyday Arkansans participate in democracy,” said Bill Kopsky of For AR Kids. “This settlement protects the right of people to talk to their neighbors, advocate for better schools, and put issues directly on the ballot without government interference. That matters not just in Rose Bud, but everywhere in Arkansas.”

The settlement reinforces longstanding First Amendment protections for political speech and petitioning activity in public forums, particularly at a time when access to the ballot initiative process is increasingly under attack across the state.

A copy of the settlement can be found online here.