A state commission ruled that a Confederate flag in Fort Smith is considered a historic monument to stay at Riverfront Park.

The Arkansas History Commission met at 10 a.m. Thursday in Little Rock and denied the city of Fort Smith's waiver requesting permanent removal of the flag from Riverside Park.

City Administrator Carl Geffken will consult with the Fort Smith Board of Directors, and the city attorney before he determines the next steps that the city will take, said Shari Cooper, a spokesperson for the city, in an email Thursday. The flags were taken down in 2020.

"The city of Fort Smith parks and recreation staff followed flag-flying protocol and removed the flags in April 2020 because the flags needed replacing because of their tattered and weathered condition," Cooper said in her email.

Read this:Judge rules Fort Smith flag display is historic monument

Previously:City responds to lawsuit over removal of flags at Riverfront Park

Local attorney Joey McCutchen originally filed a lawsuit against the city, and as a result of the suit, Judge Gunner DeLay ruled that the flag is a historic monument and as such must receive a waiver from the Arkansas History Commission before removing the flag.

McCutchen sued the city after officials removed the "Flags Over Fort Smith" display at Fort Smith Riverfront Park that included seven flags of governments that governed Arkansas from 1699 to 2001. Those flags included the Confederate States of America flag. 

McCutchen also attended the Arkansas History Commission meeting.

“We’re pleased with the decision. We think it’s time that the city administrators, particularly Carl Geffken, focus on issues that are important to Fort Smith like the consent decree and like getting the Air Force program here to Fort Smith and quit trying to cancel our history," McCutchen said.

Before removing the flags, McCutchen said that Geffken should have consulted the board of directors and allowed the public to have input.

“In true Fort Smith fashion this was done non-transparently," McCutchen said.

Derek Van Voast, a civil rights advocate from Springdale who works as a special assistant to The Rev. Jesse Jackson, said he respects the rights of people to fly the Confederate flag. However, he thinks that should be in a museum or on private property and not taxpayer-funded properties.

"It's not so much about Black people. It's just people who don't represent that, right? Who that doesn't represent," Van Voast said. "I think it's imperative that people can have that flag. I think people, if they want that flag they should have that flag and they should wave it proudly, right? It's their right."

The flag has it's place, he said, but not in a public park.

"I think when it comes to something that's in a park or in a city, you are not in agreeance with the entire town that agrees on that. You can't assume or have them pay taxes on something that they just don't like."

The flag is part of history, Van Voast said. It should not be buried, he said.

"It needs to be in a place of history, like a museum, or in a private museum somewhere. There is no way you can justify flying that flag in a public park people are paying taxes on because a lot of people are not going to want to pay for that. They shouldn't. I guess the question is why can't we fly an American flag there?" Van Voast asked.

Southwest Times Record editor Robert Medley contributed to this report.