Opinion No.

The Honorable Mike Beebe State Senator 211 West Arch Searcy, Arkansas 72143

Dear Senator Beebe:

This is in response to your request, on behalf of a constituent, for an opinion regarding the validity of a municipal ordinance. The correspondence attached to your request poses three questions concerning an ordinance enacted by the City of McRae:

1. Can a city impose criminal penalties for the failure to pay a debt to the Water and Sewer Department or is this ordinance unconstitutional in that it violates the equal protection clauses of both the U.S. and Arkansas Constitutions?

2. If a city may…