JIM PARSON’S FENCE: live free or paint?

Slow as things are, I thought I’d mention a protest scheduled at Bella Vista this afternoon by Jim Parsons, who at 88, remains an energetic gadfly.

TODAY: Tuesday, Dec. 14. From 4:30 to 5:10 p.m.

WHERE: On the grassy knoll approximately 300 yards south of Walgreens in Bella Vista. On easement of I-49 (Bella Vista Way)

PURPOSE: To let the Bella Vista Architectural Control Committee know that Jim Parsons is “NOT” going to let anyone take his white fence down or have him repaint it another color.

I had no idea. White fences will be officially outlawed by the Bella Vista architectural control committee come Jan. 1. They previously had been disfavored but existing white fences had been grandfathered. No more.

Parsons is mad as hell. There’s been some coverage of the white fence issue over the years, but it wasn’t clear what they have against white fences in BV. One message board includes commenters who said they are old-fashioned and tacky.

Parsons responded to my question:

Editorialist Brantley, Attorney Cooper who developed Bella Vista Village in 1965 thought “White” did not fit in with nature (Green grass, leaves, tree trunks, etc). So they outlawed white houses in Bella Vista and there are none. So, in his honor ACC is demanding there will be no white fences in Bella Vista after Jan. 1, 2022.

I think the truth is that they make $75 for a permit to choose a color of paint and then issue fines for those who fail to comply. It’s ACC’s way of making money.

I am “NOT” going to let them take my fence down and I am not going to repaint my fence. I am getting emails from friends who are talking about loading their rifles and pistols and this whole thing may get ugly before it is over.

Parsons tried to get the government involved. He found an issue on which Attorney General Leslie Rutledge, for once, wouldn’t join the freedom posse.

Parsons asked state Rep. Gayla McKenzie to ask for an attorney general’s opinion on whether the committee could “arbitrarily mandate that there will be no more white fences in Bella Vista, Arkansas.” He said this was an important issue because fences must be repainted (subject to color approval) or be removed.

Last week, my next door neighbor paid $75.00 a gallon to paint her vinyl fence and then had to pay a painter to do the work. She went ahead and did it because the stress had aggravated her gastric ulcer and she had to spend a couple of days in the hospital so she wanted to end her anxiety by yielding to the ACC’s demands and get the issue over with.

No luck with the attorney general.

Opinion Number: 2021-069 Requestor: McKenzie, Gayla H. The Honorable

Does the Bella Vista POA Architectural Control Committee (ACC) have the legal authority to arbitrarily mandate that there will be no white fences in Bella Vista, Arkansas? Q2) Does the ACC have the authority to enter private property without permission to remove any fences? Q3) If the answer to the second question is “yes,” would such conduct by the ACC be deemed or constitute criminal trespassing?

RESPONSE: I must respectfully decline to opine on these questions concerning the scope of a private property owner’s association because they are governed by private contract. A POA’s transactions with its members are beyond the scope of my authority to assess. Such questions should be referred to private counsel for resolution.

Parsons elaborated on his disdain for this non-opinion here.

I’ll have more if circumstances warrant. UPDATE: He provided the photo. His home is also headquarters for Bella Vista Patriots, a group that has done battle with the POA on various other issues notably including the infamous “stump dump” fire.

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