A resident of Fort Smith's northside, who has battled against the city of Fort Smith and their "Neighborhood Services " policies for several years, filed a federal lawsuit this week challenging the constitutionality of the policies, fines and enforcement of the "nuisance ordinances".
The lawsuit was cleared by a federal magistrate on Wednesday
Noah Steffy, who resides within a 22-block radius that the lawsuit claims is an area unfairly targeting low income residents, also is seeking more than a half-million dollars in Compensatory and Punitive damages in the 18-page lawsuit. Steffey is seeking just over $18,000 in Compensatory damages for money he has been out dealing with the situation and $500, 000 in punitive damages'
"I filed this lawsuit to set an example that harming people while hiding behind "color of law" won't be tolerated," said Steffy, who is acting as his own attorney."
"If successful regarding the Punitive Damages requested I plan to donate the total amount to a non profit or law school that is educating people about their Constitutional rights. Either Cornell University or a national organization with a proven track record."
The lawsuit was filed against City Administrator Carl Geffken, Jimmy Deer and Rick Ruth in their capacities with Neighborhood Services as well as inspectors and supervisors of the city-approved program.
In the filing. Steffy claims that "Neighborhood Services" is nothing more than a budgeted revenue stream that is achieved through unconstitutional measures resulting in " unprecedented governmental intrusion" into the lives of Fort Smith residents.
The lawsuit also contends that residents are being denied due process by the policies.
You can read the lawsuit in it's entirely by clicking HERE.
"Their game has gone on long enough. Fort Smith families and their private property should never again be allowed to be viewed as a revenue stream," said Steffy. "They are using these policies to unfairly and excessively target people of a certain income in a certain part of town."
Steffy said the city budgeted $3 million in anticipated fines for the program this past year, the equivalent of $35 for every man , woman and child in the city.
"The repairs demands are what the City has placed on elderly and disabled, as I plan to show at trial," said Steffy. " The issues with my property has been yard grass related, not repairs. This is about so much more han just 'mow and clean' which has been their mantra."
The 22-block area that the lawsuit specifies is responsible for 84.5% of the liens and that many of the properties that were secured by the city through those liens were sold to the Fort Smith Housing Authority for less than appraised value. The lawsuit claims low income and subsidized housing was built on the properties and references possible collusion between the FSHA, a 5013C agency outside the purvey of city administration, and employees and officials with the city.
Steffy has been in an ongoing battle with the city and has been fined numerous times for the unkempt nature of his property.
In addition, the water meter at his residence was recently pulled because he owes thousands of dollars in water arrears according to communications between Geffkin and the staff of the Fort Smith Water department. Steffy maintains the high water bills are because of a leak on the city side of the meter.
"Last August I was diagnosed with stage three malignant melanoma and in September my left big toe was amputated," said Steffy " I kept Maria Miller a(water department staffer) nd her bosses advised but they took a hard course. We've moved in with family while we untangle that situation, but know the City isn't the only source for water."
Steffy also claims in the lawsuit that he cannot physically or financially keep up repairs on the property.
