The AMERICANA MUSIC ASSOCIATION revealed its initial performer and presenter lineup for its 14th annual HONORS & AWARDS SHOW at the RYMAN AUDITORIUM, WEDNESDAY, SEPTEMBER 16th, hosted by … more
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Arkansas will become the nation’s 45th open carry state on August 15th of this year. This result arises from the Arkansas legislature’s enactment of HB 1700, a bill sponsored by Representative Denny Altes (R – Fort Smith) which amended Arkansas Code § 5-73-120 (Carrying a weapon).
Frustration over the Trayvon Martin case boils into a protest at 12th and Jefferson.
by David Koon
Nobody has to say it, but the timing couldn’t have been worse.
Two days after a Florida jury found George Zimmerman not guilty of all charges in the killing of unarmed teenager Trayvon Martin, with black America boiling over with frustration about the justice system, a Little Rock police officer shot and killed 26-year-old Deon Williams near the corner of 12th and Jefferson.
According to a LRPD release, just before noon on Monday, Officers Grant Humphries and Terry McDaniel saw a Chevy Suburban on 12th Street that they believed to be stolen. (Officials would later confirm that the truck was, in fact, not stolen.)
When the officers pulled the SUV over, police say, the driver jumped out and fled. McDaniel pursued on foot, while Humphries took off in the squad car, trying to cut Williams off. As McDaniel chased Deon Williams into the backyard of a house on Adams Street, a gun fell out of Williams’ waistband, according to the police. When Williams stopped to pick up the gun and turned toward McDaniel, the police narrative says, McDaniel feared for his life, and fired three times. Williams, who was paroled in May after serving two years in prison on charges of possession of a controlled substance and robbery, was pronounced dead at UAMS at 12:17 p.m.
McDaniel, a black officer, has used deadly force at least once before. He fatally shot a man who pulled a gun on him when interrupted during a daytime home burglary on Thayer Street last year. The burglar had earlier fatally shot one man and wounded another at the home.
Information about the shooting spread through social media. At 1 p.m., someone tweeted that the person killed by the police had been an 11-year-old boy, shot nine times in the back. A crowd of angry people began to gather at the Hess gas station on 12th street, just across from the crime scene.
By 1:30 p.m., the biggest swell of the crowd had grown to at least 200, simmering under the July sun. Dozens more watched from the parking lots of businesses and the yards of nearby houses. Several of the protestors closest to the sidewalk, where the police soon lined up in a black wall of uniforms, held signs that called for justice for Bobby Moore, the teenage burglar who was shot by LRPD officer Josh Hastings in August 2012 as Moore tried to flee a West Little Rock apartment complex. Hastings’ manslaughter trial in the case ended in a hung jury last month.
As the protest grew, crowding into the rectangle of shade under the awning of the gas station, the clerk at the station came to the door, ushered the last customers out, then locked it behind them, followed by a set of heavy steel bars. Soon, the neon beer signs in the windows went out, along with the lights inside. A man came to the doors and tugged on them. Another splashed ice tea against the glass, then threw the can against the doors. Kids with cell phones filmed him, waiting for something worthy of YouTube to happen, but instead he just walked away in disgust, disappearing back into the crowd.
Overhead, a state police chopper circled the intersection of 12th and Jefferson at 300 feet. At the edge of the crowd, people cursed it, many of them screaming obscenities at the sky and flipping the bird with both hands, trying to telegraph their anger and frustration to the pilot.
Ernest Franklin, president of Say Stop the Violence, was there, sweating into a suit coat as he walked among the crowds of angry young people in tank tops and shorts. He said he had talked to police on the scene, asking them to close 12th Street to keep curious drivers from driving by. Soon after we spoke, the street was blocked to most traffic.
“I’ve asked them to get somebody down here other than the police officers,” he said. “Right now, the whole nation, no matter where you go, they’re mad at the police. We do understand that the police officers have to do their job, but people are out here looking for justice and to get justice served, whatever that is going to take.”
The police brought in more squad cars, running them in almost bumper to bumper in the eastbound lane of 12th Street. “Nobody goes into the crowd,” an officer standing in the street said, and the word went on down the line. One man taunted the cops, saying, “What if it was your kid going down the alley? Y’all ain’t perfect.” Another man shouted, “Fuck America! That’s how I feel.”
Asa Muhammad was standing at the corner of 12th and Jefferson, watching investigators work across the street. A member of the Nation of Islam, Muhammad was at the Pulaski Country courthouse during the Josh Hastings trial.
“The police brutality and the police actions toward our people is not justice,” Muhammad said. “It doesn’t take the police gunning down our people to make an arrest or stop a crime … one shot or a taser to the leg could take a man down, but not a deadly force bullet to his heart or in his back to kill him. They’re professionals. They have tasers. They’re taught to shoot a weapon. But unfortunately, just like Bobby Moore was shot, this gentleman was shot. Another loss for our community.”
Muhammad said a lot of the anger on display had to do with the economic conditions many blacks find themselves in. “If our economic situation was better, and our people were afforded jobs to do better for themselves, then the vast majority of this wouldn’t be. But unfortunately, in this area, the vast majority of the people you see are unemployed. That has a great effect on what’s going on.”
More cops came. A roaring line of black and white Harley-Davidsons. A lumbering SWAT truck. Dozens of cops stretched their line down the turn lane of 12th Street, just behind the row of squad cars. Someone threw a can of soda, which sailed over the line and landed in the street.
Schwanda Daugherty was there in the edge of the crowd. “This is a community thing,” she said. “I’m here to support them even though I don’t know the young man. We’re out here, we’re going to protest, we’re going to show that we care. … There’s a lot of frustration. It’s happening, and we want everybody to know it’s happening. It’s a racial issue. It never went away, and it’s never going away. But we’re going to stand up and fight.”
As the afternoon wore on, tensions rose. At times, the crowd pushed forward toward the patrol cars, at others, they shrank back to the shade. A woman tried to get others to hold hands and form a human chain along the street, but was ignored until she gave up. Another woman in a gray halter-top shouted over the angry din of the crowd: “All we are to them is monkeys and dogs.” Someone threw a brown bottle that thumped in the grass on the other side of the street. The helicopter buzzed overhead, forgotten now that there were plenty of terrestrial cops to hate.
Then, walking along the edge of 12th Street, supported by friends, came a sobbing woman named Shemedia Shelton. Shelton was the owner of the Suburban Williams had been driving, and identified herself as Williams’ wife.
“You didn’t have to kill him,” she screamed. “Trayvon wasn’t enough? You didn’t have to fucking kill him. You didn’t have to kill him. You didn’t have to fucking kill him.”
Chastity Duffy, the woman supporting Shelton, said that they’d just picked Williams up from Tucker Penitentiary two months before.
“He was just trying to do what was right for his wife and kids,” Duffy said. “He didn’t do nothing.” At Duffy’s elbow, clinging there, shambling along in the sun toward the protest, Shelton wailed variations on a single sentence: “Can anybody tell me what I’m supposed to tell my kids?”
The heat came down, broken by periodic clouds. For three minutes, a burly cop stood in the door of a cruiser and spoke into a loudspeaker, telling the crowd to disperse, that they were participating in an unlawful assembly, that they would be arrested if they didn’t comply, saying it over and over like a machine. The crowd roared back at him, drowning him out with taunts and curses. There was a sense that something was going to happen. Eventually, the officer on the loudspeaker stopped, his voice replaced by that of a man who said he wasn’t a police officer, that he wanted to lead them to a park where they could continue the protest, that there would be a candlelight vigil that night they could attend. The crowd clenched into a fist before him and shouted him down too. Though a peaceful vigil would be held that night at the State Capitol, that moment was too angry and hot for talk of peace.
Police Chief Stuart Thomas appeared, along with City Manager Bruce Moore, both standing in front of the Family Dollar store across the street. Behind them, the shooting investigation started to wrap up. Police tape came down. A flatbed came for the Suburban Williams had been driving. Soon, the line of Harleys fired up and roared away, followed by most of the squad cars, some making a slow U-turn in the street.
Across the street, Chief Thomas spoke to the press, pulling further back when the chants of “fuck the police” became loud enough for the mics to pick them up and spoil a quote. “As we were working the case, a lot of information got out,” Thomas said. “People were a little bit misinformed about the circumstances … it just kind of built up from there. There are a lot of other issues at play, both locally and nationally.” A minute later, someone shouted “Look out!” as a full plastic bottle came out of the crowd, over the street, and over Thomas’s head — a hail-Mary lob that would have done any quarterback proud. The bottle splattered eight feet away in the parking lot, next to a snarl of police tape.
“It is what it is,” Thomas said of being the target of the bottle. “It’ll calm down when we’re out of here.”
Soon after, the last of the cops pulled away, and the crowd soon did as Thomas had predicted. By the time the TV stations did their 5 p.m. live shots from the corner of 12th and Jefferson, there was just a single man in a white T-shirt, holding a sign. Once the cameras turned off, he disappeared, too.
Standing on the corner, watching people buy gas at the Hess station and 12th street roll full of cars again, it was hard to believe the anger of the day had ever happened. Then a woman pulled up to the herd of TV trucks and rolled down her window. “What is it,” she asked, “open season on black people?”
Ultimate Classic Rock reports that Capitol/UME will release a The four-CD, one-DVD set of The Band live at their peak. The concerts are from the last week of 1971 and is entitled ‘Live at the Academy of Music 1971′ (Sept. 17) From Ultimate Classic Rock “The four-CD, one-DVD set gathers 56 performances from the group’s […]
Over the last few weeks, we’ve offered insights about how you can stay out of legal hot water by establishing good practices with regard to your company’s trademark portfolio (see Part 5 of our Trade Basics series here, which contains links at the end to the other parts of the series). Unfortunately, not all companies have followed such wisdom. With Halloween just around the corner, we thought you might appreciate some Tips and Tales from the Trademark Crypt!
To help you avoid becoming another trademark horror story, don’t forget to dial into our upcoming Trademark Basics webinar, November 15th at 1pm Eastern Time for a live overview of the many issues we have discussed in the last few weeks. Register here today!
- Searching Proposed Descriptive Marks. We have previously discussed how descriptive marks may become protectable as trademarks if they acquire what is known as “secondary meaning.” Just because a mark is descriptive doesn’t mean that you shouldn’t conduct a trademark search. In 1984, the manufacturer of GATORADE® beverages decided to use the slogan “Gatorade is Thirst Aid.” Its in-house counsel concluded that “Thirst Aid” was merely descriptive and therefore did not run a search before approving the slogan. A search would have revealed that the mark THIRST-AID® had been in use since 1921 and had been registered since 1950 in connection with soft drink products. The owner of the THIRST-AID® mark filed a trademark infringement claim and ultimately was awarded in excess of $10,000,000 in damages.
- Running Down All Potential Impediments. Due diligence means more than running a trademark search. It means taking appropriate action to run down possible impediments before proceeding. In one case, a company named “Big O” used the marks “Big O Big Foot 60” and “Big O Big Foot 70” for tires, but its application to register BIG FOOT as a trademark was denied. Subsequently, Goodyear began using BIG FOOT for snowmobile tracks and, later, for tires. It ran a trademark search and concluded that there were no conflicting marks. It is not clear, but, most likely, the person who reviewed the search saw Big O’s abandoned application, but may not have tried to determine whether the mark was still in use. (It should be noted, however, that in 1974, the ability to locate marks that were in use, but were not registered, was far more limited than today.) In any event, a jury awarded Big O $2.8 million in damages (which was reduced to $678,302 on appeal) and $16.8 million in punitive damages (which was reduced to approximately $4.1 million on appeal).
- Running Down All Potential Impediments – Part 2. Many companies translate their marks into Spanish for purposes of marketing to the Hispanic community. Even with a well-established trademark, a search should be conducted for the translated mark. Several months ago, a trademark infringement action was filed against Kentucky Fried Chicken for using “Para chuparse los dedos” on the basis that it is the Spanish-language translation of “Finger Lickin’ Good.” The plaintiff owns a restaurant in Southern California and has a registration for a logo that contains the identical phrase, “Para Chuparse Los Dedos,” which it says translates to “To Lick Your Fingers” in English. (We offer no comment on the possible outcome of this litigation, but mention it to illustrate the need for a thorough and competent trademark search before using almost any new mark.)
- Clearing Advertising Copy. Famed boxing announcer Michael Buffer has reportedly been involved with at least 100 legal actions over his famous catchphrase LET’S GET READY TO RUMBLE® and claims to have never lost a case. Unfortunately, many radio stations and other media outlets have used the phrase without authorization (presumably without first consulting counsel), with many not aware that the catchphrase is legally protected, and have ended up on the receiving end of a cease and desist letter from Buffer’s attorney. At least one station was brought to court and was held liable for $175,000 worth of damages, while other awards have ranged from four to six figures.
- The Potential Consequences of Skipping A Trademark Search: In the cases discussed above, the defendant had to pay significant damages to the plaintiff. Of course, not everyone can handle a large judgment. For example, in a case in New York earlier this year, a company launched a line of skincare products under the name KALLISTA without knowing that another company was already using the name KALLISTE for soap and skincare products. A trademark search would likely have revealed the existence of a federal registration for the pre-existing mark. Ultimately, the second user had to cease operations and reportedly lost $900,000 that had been invested in the business. The individual owner of the company had been a highly paid senior executive at a multinational consumer goods company, but gave up her job to work for the business. (Sadly, this situation apparently did not arise because the client chose not to have a search conducted. Rather, the company says that it had requested that its law firm conduct the search, which it allegedly did not do, and is now suing the law firm for malpractice.)
- Conducting Trademark Searches Should Be A Standard Business Practice: The failure to run a trademark search will not by itself prove that an infringer acted in bad faith, which then opens it up to an award of triple damages, punitive damages and attorneys’ fees. That said, in a case decided earlier this year, where a defendant was found liable for trademark infringement and an injunction was entered barring any further use of the infringing mark, the court made the following apt observation:
Defendant could easily have avoided the problem that arose from its adoption of marks already reserved by another user. Precisely for the purpose of giving notice of its mark to the world, Plaintiff had registered its mark with the PTO. Had Defendant exercised the precaution of running a previous trademark search before launching its marks, it would have learned that they were unavailable and would surely have had the good sense not to proceed with a logo so nearly identical to one for which trademark rights were already established.
These are but a few examples of horror stories resulting from the lack of proper due diligence or coordination with counsel. Take care with your trademarks – or risk ending up in your own horror story!
Weekly deals content comes from our sponsors. For more info, call Dustin at 479-387-1002.
Arts & Events
Grub’s annual Halloween party and costume contest is set for this Saturday, Oct. 29! $500 prize for best costume!
Ozark Natural Foods will host the Fayetteville Farmers’ Market’s winter market this year at 1554 N. College!
TheatreSquared’s new show “I and You” is now playing at Nadine Baum Studios. Get tickets.
Walton Arts Center is planning a huge grand re-opening celebration for Saturday, Nov. 19. More info.
Maxine’s is planning a Stranger Things-themed Halloween Party this week! Here’s more.
The Jones Center will host a 24 hour 100 man Afterlife LAN party on Nov. 4! Details.
Drink Specials and Beer News
Buster Belly’s has $2.50 wells and domestic bottles every Thursday. See more specials here.
Damgoode Pies has Damgoode Brews’ Red Ribbon ales for just $3 (and only $1.50 during happy hour!)
$2 beers still exist. They’re at Kingfish, every day.
Farrell’s Lounge has $2.50 Bud Light, Miller Lite, and Coors Light drafts for every NFL game!
JJ’s Grill has $1.99 margaritas all day, every day.
How about a seriously spicy Bloody Mary? Check out the Habanero Bloody at Sassy’s Red House!
Thursday is $5 martini night every week on the patio at Wasabi!
Food & Dining
Looking for a great brunch? Look no further than Bordinos, every Saturday and Sunday.
The weather is getting cooler, and beer cheese soup is flowing like…beer cheese soup at Hugo’s.
Sassy’s BBQ & Grille has $3 wells, $4 fried pickles, and $2 off nachos Monday-Friday for happy hour!
Eureka Pizza has large pizzas, ready when you are, every day for just $4.99.
Traditional and boneless wings are just 75¢ all day every Tuesday at all Foghorn’s locations!
Flying Burrito Co. will deliver one of their taco or burrito bars right to your home or office.
Fall is here, and so is the incredible fall menu at Greenhouse Grille!
Did you know Little Bread Co. makes wedding cakes? Well, they do. Look at this beauty.
Barbecue cheese fries, covered in pulled pork and fried jalapenos. They’re amazing, and they’re only at Lucky Luke’s.
Fresh, local, handmade food, and lots of free parking. Mockingbird Kitchen has all of the above!
It’s that time of year again! Time to order a smoked turkey, ham, or delicious sides for Thanksgiving from Penguin Ed’s!
It’s patio season. Make plans to spend time on the best patio in town at Sassy’s Red House!
There’s a new chicken sandwich in town. Check out the Cayenne Ranch chicken sandwich at Slim Chickens.
Taziki’s has a new evening comfort food special! Check out the new beef over buttermilk mashed potatoes!
Tired of the same old Sunday brunch? Check out the pizza Benedict at Wood Stone!
Health & Beauty
Chances are, Austin Vision Care accepts your vision insurance. They take several types!
You deserve a little you time. Treat yourself to a Hollywood facial at Laser Partners!
Real Estate and Home Services
Specialized Real Estate is now leasing for their new modern, walkable Uptown Apartments in North Fayetteville!
Close to the Farmers’ Market, library, and everything else in downtown Fayetteville. Check out Flyer Homes’ listing 314 W. Mountain! at
Want to bank with an institution that gives back to the community? Here are just some of the local causes Bank of Fayetteville has supported.
Ever wish there was someone local to help with your IT problems? There is. GCM Computers is located right on the square.
Why is building a brand important for your business? Mockingbird Creative explains.
When you bank at UARK Federal Credit Union, you can withdraw cash at Target, CVS, Walgreens, and other retailers surcharge-free!
Shopping & Retail
Want to get an early look at at the all new 2017 Subaru Impreza? Adventure Subaru’s got the scoop.
Tired of heading to the pharmacy? Collier Drug Store delivers for free!
Fayettechill is committed to manufacturing their products with eco conscious principles. Check out the video to learn more.
Looking for some art and photography by some great Arkansas artists? Check out the new shop at Frame Fayetteville!
Have you been to one of Garden Living’s private succulent classes? There’s one coming up Nov. 21.
The Mustache just put up a $5 rack in the shop. Check it out.
Thursday is Halloween Yappy Hour at Something Urban! Bring in your pup in costume for 30% off your purchase, and the chance to win a $40 gift card!
Fun new t-shirts, sweatshirts, knit scarves, lace up tees, and more are new in stock at Riffraff this week!
It’s getting colder. Pick up some sweaters, jackets, and long sleeve Razorback apparel at The Razorback Shop!
The hand-crafted Razorback jewelry at Underwood’s is the perfect way to show your Arkansas pride.
A hands-on invasive species removal workshop is scheduled from 4-6 p.m. on Wednesday, Oct. 26 at Veterans Park, 4451 N. Vantage Drive in north Fayetteville.
Participants will learn how to identify and remove invasive plants. Those in attendance are encouraged to bring work gloves and wear long sleeves, long pants, and sturdy shoes. Tools and water will be provided.
The event, hosted by the city’s Environmental Action Committee and the U.S. Green Building Council Emerging Professionals Group, is one of several projects to emerge since the city’s invasive species ordinance was adopted late last year. Another popular project is the Parks and Recreation Department’s partnership with Greedy Goats of Northwest Arkansas, which brings a herd of goats to Wilson Park to clear invasive plants.
For more information on local invasive plants, check out the city’s digital publication “Invasive Plant Species in Fayetteville Arkansas,” which includes information on how to identify, remove, and replace invasive plants with native or non-invasive equivalents.
The fact that Auburn defeated Arkansas last Saturday at Jordan-Hare Stadium wasn’t a shock.
Going into the game, I had picked the Razorbacks to win, but I had a feeling the Hogs would have a hard time with the Tigers’ running game, and in turn that the Razorbacks would find the Tigers’ defensive front difficult to deal with.
Heck, it ran through my mind that Vegas’ 10-point spread might be too little if big plays snowballed on the Hogs in a similar fashion to their Texas A&M loss.
However, it never crossed my mind that Auburn would outright embarrass the Razorbacks.
The 56-3 loss is the worst I can remember for an Arkansas team believed to be in the same class as the opponent. I think it’s worse than the 51-7 drubbing Jimmy Johnson’s 1987 Miami Hurricanes administered to the Razorbacks in Little Rock during Ken Hatfield’s fourth season as Arkansas’ head coach.
Things were never really the same for Hatfield, an All-American punt returner for the Razorbacks 1964 national championship team, after that loss. Arkansas finished the season with nine wins that season, but the expectation that year was for Arkansas to win the Southwest Conference. Hatfield’s Hogs accomplished that the next two seasons, but the dissatisfaction among Arkansas fans and athletics director Frank Broyles never really changed following that Miami game. Some things are hard to forget.
When Hatfield saw an opportunity at Clemson in January of 1990 where he could take over as head coach and take his assistants with him, he made the leap leaving his alma mater behind.
Coincidentally, this is Bret Bielema’s fourth season at the helm of the Razorbacks’ program. It’s not 1987, and Jeff Long certainly isn’t Frank Broyles. However, Arkansas fans are similar today to the way they were in 1987. The Razorbacks are a source of pride to them. Hog fans do understand that the Razorbacks can’t win them all, and they also understand the difficulty of the playing in the SEC West. But like any fan base, they don’t like to be embarrassed, and there’s no way around it, last Saturday’s loss was embarrassing.
Was it a program shaking loss?
That’s a tough question. Bielema is entrenched as the head coach for the time being. His buy-out clause ensures no rash and, in my opinion, unwarranted move will be made. Bielema has proven to be a capable coach at Wisconsin and Arkansas. He’s the same coach today as he was prior to the loss. Fans need to remember that when looking to vent.
However, the honeymoon between Bielema and the fans is likely over. The Auburn loss won’t be forgotten, and it will likely be used as ammunition against him for the rest of his tenure at Arkansas.
We don’t know how Bielema will handle the loss within the program. Frankly, with four games to play, an immediate and complete overhaul on the field might only make things worse for a team with a 5-3 record overall.
With four games to play, the season is not over. Arkansas should still win enough to make a bowl game. The Hogs just need one more. There is a chance for the Razorbacks to rebound and win two, three, or even four more games in the regular season.
Yes, I agree that beating Florida or LSU seems a bit unlikely at this point, and road trips to Mississippi State and Missouri also look iffy in the haze of Saturday night’s loss. But a turnaround can happen.
I’m not going to pretend that I have answers for what ails the Razorbacks, particularly in the short term. Bielema and his staff are the ones that have to figure that out.
In the long run, though, Bielema and his staff need to seriously question just about everything within the program. Bielema has said the foundation of the program he is building was offensive and defensive lineman. The Razorbacks are getting worked over on both sides of the line of scrimmage on a routine basis eight games into the season. At some point youth and inexperience aren’t good excuses.
Bielema and his Razorbacks have four opportunities to make something positive happen with this season. I’m looking forward to seeing what they can do. But this Saturday’s open date has come at good time. Getting a little distance from the Razorbacks’ performance against Auburn will probably be good for the fans and the team.
Meanwhile, the Razorbacks basketball squad plays their first exhibition game of the season Friday against Central Missouri at Bud Walton Arena. That might help us cleanse our palate’s from last week’s distasteful loss.
The city’s parking management office has moved from City Hall to the lower level of the new Spring Street Parking Deck at the northwest corner of Spring Street and School Avenue behind the Walton Arts Center in Fayetteville.
Office hours at the new location are 8 a.m. to 5 p.m. Monday through Friday. Free, 15-minute visitor parking will be available during office hours in designated parking spaces on the lower level of the deck at the Spring Street entrance, according to a news release.
The office accepts in-person fine payments, event permit applications, and handles all parking-related inquiries. Payments will also continue to be accepted at City Hall.
For those looking to make payments, file appeals, or apply for event permit applications online, the Parking Management Division’s website is available at www.fayetteville-ar.gov/parking.
For more information, call 479-575-8280.