McMillan v. Live Nation Entertainment, Inc.

|7I respectfully dissent. The majority declares that Arkansas Code Annotated section 5-63-201 (Repl.2005) is “so plain and unambiguous that judicial construction is limited to what was said” although three justices of this court find that the statute is ambiguous. Both McMillan and Ticketmaster argue that the statute is unambiguous, yet each offers a different and conflicting reasonable interpretation. A statute is ambiguous when it is open to two or more reasonable constructions. See Wickham v. State, 2009 Ark. 357, at 5, 324 S.W.3d 344, 347. McMillan argues that the statute applies to…