Arkansas Times - June 22, 2017

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“I DO SOLEMNLY SWEAR” STARTED WITH “I DO.” Before Bill and Hillary ever took an oath for public office, they took an oath to each other at their home in Fayetteville.

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COMMENT

White men can jump For many years people would ask me where I was when President Kennedy was assassinated. I assured them I had an alibi. I also never enslaved any people of color, marched any Jews into concentration camps, bashed any gays, or stole any land from native peoples. I rent. What is more, a goodly number of my ex-girlfriends are now my Facebook friends. They will accuse me of many things, but abuse isn’t one of them.

It frustrates me when I feel I am being called out to answer for the sins of others. It’s not irritating enough to drive me into the Trump camp, but I ain’t everybody. Many old, straight, white guys joined the Trump parade because they were shamed for using the wrong pronoun or wearing a hat with a culturally insensitive sports team mascot. The Trump parade is now disintegrating. Millions of these people are out there wandering around, dazed and confused. There is much to be gained for the Democratic Party by welcoming these lost souls into the fold.

What I propose is a National Old Straight White Guy Appreciation Day. Believe me, they are not all evil. Get Arnold Schwarzenegger as the front man for the event. The last I heard, Arnold has come down out of his Humvee and is preaching the threat of global warming as being real. OSWGs love Arnold. Not only could he kick Chuck Norris’ ass — at least at the box office — but, rumor has it, The Terminator is not fond of The Donald.

David Rose Hot Springs

Reagan came into office in the early 1980s. Look where we’ve arrived.

Consider this current administration. What we see going on in America today is the result of over 30 years of Reaganomics. Increasing income inequality, endless war and rising debt have become almost accepted among Americans. If we continue to put Republicans and corporate Dems into office, this set of circumstances will only get worse.

RL Hutson Cabot

Rump How did we get this “fearless leader?” What were his qualifications?

Did he really understand how government works, the responsibilities of the office and the rule of law? I believe that we have allowed Rump enough time to show what he’s really made of, and it is not a pretty sight. Without any mention of hair, orange skin color or BMI, here are just a few descriptions that I’ve compiled in the last couple of days.

Rump is:

A DIFFERENT KIND OF HOTEL for a different k ind of traveler.

Same story At this very moment, while America is immersed in the Trump show, Republicans are working to dismantle consumer protections, roll back environmental protections, lower taxes for the wealthy, cut public assistance programs, ramp up the failed “war on drugs,” destroy public education, return to a draconian health care system, expand the military-industrial complex, tear down the “wall of separation” between church and state, and weaken gun regulations. Some of these mean-spirited efforts by Republicans are being conducted behind closed doors.

None of this is new. Republicans have been successful, for the most part, in doing these things since 4

JUNE 22, 2017

ARKANSAS TIMES

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• A “faker” said Ruth Bader Ginsburg.

• A cheater — stiffing companies that have worked for him.

• A sleazy businessman.

• An incompetent buffoon.

• A consistent liar, also called “The Liar in Chief.”

• Also a “Leaker in Chief” who cannot be trusted to keep state secrets.

• A conspiracy fraudster.

• A malevolent narcissist — his interest is SELF, not USA. • Unprepared — running a country is not like real estate.

• Ill-disciplined — he continuous to make things worse for himself • An ignorant clown — however, ignorance of the law is not an excuse.

• Un-curious — his mind is already made up; don’t confuse him with (your alternative) facts.

• Not interested in the future (who needs a plan?) or learning from the past (history is so boring).

• Vindictive and petty.

• Surrounded by a clueless, supplicating entourage.

• Proposing a budget that is immoral, cruel and heartless.

• Appointing people ill-prepared and unqualified to run various agencies.

• A bully who throws even those who worship him under the bus.

• Appealing to racists with derogatory references to Muslims, Mexicans etc.

• Showing affection for harsh authoritarian rulers such as Putin and the president of the Philippines.

• Making America Great by giving the finger to the rest of the world.

• Removing safeguards that protect air and water.

• Abdicating his duty and responsibility as commander in chief.

This is an important and critical time in the history of the Earth and the people on it. The world has stopped looking at the U.S.A. as an example of leadership and democracy. We lead by example and I am not proud of the example we are putting forth and especially the pitiful example of our incompetent leader. I want to be proud of our country and its leadership in the world; right now I’m embarrassed and worried.

Evan Brown Little Rock

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6/9/17 11:01 AM

WEEK THAT WAS

EYE ON ARKANSAS

“Well, we don’t have a bill. That’s what we’re working on. The reason we’re working really hard to come up with a bill is to solve some of the problems of Obamacare.”

— Sen. John Boozman, using words but saying nothing, in an interview with Vox.com, on the health care bill that Senate Republicans are crafting in secret, ahead of a potential vote before the Senate recesses for the Fourth of July holiday.

RAH HOWARD

Quote of the week

MOBILE ART: This cellphone photograph by Rah Howard is part of the ArkMoPhs (Arkansas Mobile Phoneographers) “Explore Arkansas” exhibit at the Innovation Hub in Argenta. The juried show, the group’s fourth annual exhibit, features the top 30 smartphone photographers in Arkansas.

No rival amendment The Arkansas Bar Association House of Delegates failed to endorse a proposed constitutional amendment to counter a legislatively proposed constitutional amendment to limit damage lawsuits. The amendment the legislature referred to the ballot would almost entirely make serious damage lawsuits a thing of the past by limiting damage awards and attorney fees and turning rulemaking authority over to the legislature. The bar proposal would have kept rulemaking authority at the Supreme Court and prevented the cap on damages and attorney fees the legislature has proposed. It also would have included a requirement for disclosure of money spent to elect judges. Needing a 75 percent vote, the House of Delegates gave it 72 percent.

Without bar backing, it is just about impossible to put an amendment on the ballot. The bar had hoped to draw on members to get the job done and avoid some of the punitive measures the legislature has placed on groups that hire paid canvassers. This likely 6

JUNE 22, 2017

ARKANSAS TIMES

means the battle will be over the legislature’s amendment, with lawyers providing money to attempt to defeat it.

“Greedy lawyers” will be the theme of the legislative amendment, most likely.

Ex-cop wins civil suit over use of force A federal court jury found retired Little Rock Police Lt. David Hudson was not liable for damages in a civil lawsuit brought by a man he punched during a 2011 arrest at a Little Rock restaurant.

Erwin said Hudson, who was disciplined by the police chief afterward, used excessive force. The beating was videotaped.

Hudson, who was working as private security for the now closed Ferneau restaurant, said he used force necessary to subdue Erwin. He said Erwin had objected to directions to leave a private party room in the restaurant. Ferneau and the city of Little Rock were originally part of the lawsuit, but Erwin settled with them for an undisclosed amount before the trial began.

David Hudson

Fed grant for river trail The city of Little Rock got word last week that it will receive $1.6 million in a Federal Lands Access Program (FLAP) grant to build a ramp to the

$1.1 million bridge it’s building over the railroad tracks at the western end of the Medical Mile, which begins in Riverfront Park and ends at the tracks abutting the Dillard’s headquarters.

(The bridge is being built with a state grant of $1 million and sales tax revenues.)

The money will also pay to repair the river trail just east of the new bridge, which has been collapsing into the river for a couple of years. John Landosky, the city’s bike/pedestrian coordinator, said the slumping area is not actually riverbank but 19th century fill for a railroad bridge. Landosky called it an “ecologic disaster waiting to happen; we have no idea what’s under there, like 109-year-old railroad junk.” The ramp will go over the slumping area to the new bridge.

In 2009, about 100 feet of the river trail about 300 feet east of the slumping area collapsed. It was filled in 2013 with 5,500 cubic yards of riprap to the tune of $800,000, most of that money from FEMA.

OPINION

War reporter

R

ay Moseley: Native Texan. Naturalized Arkansan. Reporter, world traveler, confidant of Queen Elizabeth II. Well, that last is not exactly the truth, except in the Trumpian sense. The queen a few years ago did award Moseley an honorary MBE (Member of the British Empire) for transatlantic good works, but I doubt that she invites him to tea every week.

His most recent good work is “Reporting War: How Foreign Correspondents Risked Capture, Torture and Death to Cover World War II,” published by the Yale University Press this spring. Moseley himself has covered plenty of wars, revolutions and political thugs of all persuasions, and he knows a good war story when he sees it. He was 12 years old when WWII ended, but he was already a fan. He read the papers and listened to the radio.

His book is dotted with names that still resonate today. People like Walter Cronkite, Edward R. Murrow, Ernie Pyle and Martha Gellhorn adorn the pages. Gellhorn was famous for her war reporting before she met Ernest Hemingway, her on-again, off-again,

roving-eye husband. And she was a far better war reporter than he was, legend to the contrary notwithROY standing.

REED Delicious as the gossip is in this terrifically researched book, it is a minor part of Moseley’s story. The reporting he addresses covers every theater of war in that justly named conflict. The reporters wake up in the northern Africa desert with sand in their eyes, mouths and hair. They are targeted by gunfire and bombs right across Europe and Asia. Many were heroes. A few were cowards and cheats.

Some died in the war and others survived to become peacetime reporters back home.

The Allied invasion of Normandy, in June 1944, brought out the best in the reporters who drew the assignment. One of them was Doan Campbell, 24, a Reuters correspondent who had been turned down for military service because he had been born with no left forearm. He went ashore with the Royal Marine commandos.

Obamascare

R

epublicans at long last may be about to see their most fervent wishes and wildest predictions materialize — millions of people losing their medical and hospital coverage, unaffordable insurance, lost jobs, a Medicare financial crisis, mushrooming federal budget deficits and fiscal crises across state governments.

But all of that was supposed to be the result of passing Obamacare, which actually produced diametrically opposite results. Now it is about to happen as President Trump and Congress try to crash the 4-year-old program and “replace” it with something they promised would be much better. They must convince a major share of American voters that more than 20 million people losing health insurance, poorer coverage for millions more and the economic dislocation that all of it will cause are products of Democrats passing the Affordable Care Act in 2010 and not of their own efforts to scuttle it with something that will come to be known as Trumpcare the day that he signs it, if

that, indeed, happens.

It has to be the most dubious U.S. political experiment in modern ERNEST times, maybe since DUMAS Herbert Hoover. If they can pull it off, it will be a bigger propaganda coup than the Obamascare campaign inspired by Republican consultant Frank Luntz in 2010 and maybe the best since Goebbels. Right now, it doesn’t look so promising.

The House of Representatives narrowly passed a bill it called the American Health Care Act that the rosiest predictions say will drive more than 23 million off insurance, make it more unaffordable for many others, close hospitals and slash jobs while giving huge tax cuts to the richest Americans. President Trump celebrated with Rose Garden toasts and called it one of the greatest triumphs in history. Polls showed that Americans mostly hated it, and now Trump does, too.

“It is a miracle that I’m alive to write this dispatch — that I’ve survived 24 hours on this beachhead bag of tricks,” he wrote. “Much of my 24 hours have been spent flat on my face burrowing into sand or earth … . The front is fluid, so fluid that I crouched for two hours in a ditch before realizing that I was a good 100 yards ahead of the forward troops.”

Hemingway had his moments. He watched some of the D-Day action from the battleship Texas. He could see the infantry working their way up the bluff behind Omaha Beach, “moving slowly … like a tired pack train at the end of the day.”

The villains in Moseley’s book appear on almost every page. They were the censors. These were, for the most part, servicemen who had no background in journalism and no appreciation of the value of the information entrusted to them. Their jobs were important — keeping out of print any information that might compromise a military operation and endanger soldiers’ lives. But far too many of the censors got lost in their zeal and ruined many a story out of pure pig-headedness.

Moseley retired in London after many years as the chief European correspondent for the Chicago Tribune. He flew to Little Rock last year to deliver a lecture commemorating the 100th anni-

versary of the Pulitzer Prizes.

The Arkansas Gazette won two in 1957. One went to the executive editor, Harry Ashmore, for his editorials opposing Gov. Orval E. Faubus’ intervention against the integration of Central High School. The other went to the paper for its overall coverage of that event. Moseley was one of the main reporters who spent days in the streets around the school being verbally abused by white citizens who thought their rights to white supremacy were being trampled by the federal courts.

He got through several weeks of such abuse; then, a week before he left for a larger paper elsewhere, he was assaulted by an angry editor in the newsroom. He spent time in the hospital but recovered well enough to prosper in a variety of newsrooms at home and abroad. As a foreign and diplomatic correspondent for United Press International and the Chicago Tribune, he worked in Moscow, London, Berlin, Cairo, Nairobi, Rome and Belgrade. He was a runner-up for the Pulitzer Prize for international reporting in 1981.

He’s counting on Mitch McConnell and 13 other male senators working in secret to write something that they hammer 50 Republican senators into approving in the next two weeks.

Remember that in 2010 the party said Obamacare had been passed in haste, after a year of public hearings and numerous drafts in both houses and after adopting a number of provisions suggested by Republican senators — and all of that after a yearlong presidential campaign in which all the candidates had outlined their plans for universal health insurance, most of them along the lines of the Republican health care plan of the 1990s (basically Obamacare).

No one really knows what McConnell and the 13 amigos are up to, but if leaks are reliable, they will adopt roughly the key changes in Obamacare made by the House — repeal taxes on the rich and some industries that deal with health, while eliminating many of the patient safeguards in the present law and scuttling much of the historic Medicaid program — but spread the disaster out over a longer period, until after at least two more congressional elections and the worst well into the next decade.

See, the strategy may not be obvious to many voters and, anyway, Frank Luntz can produce timely catchphrases that will turn the bad politics around with ample money from Koch Industries and the beneficiaries of the tax favors.

They can make it look like Obamacare and Democrats are to blame.

Meantime, Trump’s orders to his eager Health and Human Services secretary to cripple Obamacare administratively to hasten his predicted collapse is having the desired effect.

In Arkansas, while expressing mild alarm, the governor is speeding the process by asking Trump to waive the law so that he can award medical care for the very poor not on the basis of need, but on whether they are morally deserving by holding down a steady job, or whether they can scrounge up the money to pay more than their poverty-level wage allows when they are driven from Medicaid totally into the private market. Trump surely will oblige him, which will restore 60,000 or more Arkansans to the ranks of the uninsured.

Whom to blame? Are you betting on the intelligence of voters or on Frank Luntz?

Roy Reed was a reporter for the Arkansas Gazette and The New York Times.

He’s the author of “Beware of Limbo Dancers: A Correspondent’s Adventures with the New York Times.”

Follow Arkansas Blog on Twitter: @ArkansasBlog

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7

Megyn vs. Alex

A MICHEL LEIDERMANN Moderator

DEPORTATIONS: WITHIN THE BORDERS FRIDAY, JUNE 30 AT 6:30 PM In Spanish with English subtitles aetn.org www.aetn.org/programs/ellatino

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JUNE 22, 2017

ARKANSAS TIMES

s vigorously hyped broadcast events go, Megyn Kelly’s televised confrontation with internet conspiracy cultist Alex Jones proved something of a dud.

Whose idea was it to schedule Kelly opposite CBS’ “60 Minutes,” anyway?

For all of the controversy attending her Father’s Day interview with the Austin-based proprietor of Infowars.com, a website that peddles low-IQ political pornography along with male enhancement products and survivalist gear (there’ll be a hot time in the fallout shelter tonight!) the program finished far behind U.S. Open golf and a “60 Minutes” rerun during the time period. Dead last.

But the real loser was Jones himself, whom Kelly had little difficulty exposing as a sweaty, blustering fraud. “Some thought we shouldn’t broadcast this interview because his baseless allegations aren’t just offensive, they’re dangerous,” Kelly pointed out. “But here’s the thing: Alex Jones isn’t going away.”

She’s correct on all counts. It’s also true that exposing the sheer fraudulence of a mountebank like Jones could be terribly important. People like him thrive in the semi-shadows of the internet. Viewers who wouldn’t dream of buying the poison Infowars peddles need to be more aware of what he and similar far-right hucksters like him are all about. Because millions of naïve dimwits ARE buying, including the president of the United States.

NBC documented several examples of evidence-free allegations going right from Jones’ paranoid rants straight to candidate Trump’s mouth — such as the absurd allegation that Hillary Clinton would show up for a presidential debate high on drugs.

Trump thought so, too.

“When I think about all the children Hillary Clinton has personally murdered and chopped up and raped, I have zero fear standing up against her,” Jones said in a YouTube posting just before the 2016 election. “Yeah, you heard me right.

Hillary Clinton has personally murdered children. I just can’t hold back the truth anymore.”

That was the infamous Pizzagate conspiracy theory Info Wars also promoted.

He has since backed off. Fear of lawsuits can do that sometimes.

To date, Trump has left the space alien thing alone. But you never know. However, Jones now claims that the president phones him for advice. There seems no reason to doubt it.

But enough about Trump.

During their interview, Kelly shrewdly

zeroed in on Jones’ bizarre insistence that the 2015 massacre of 26 children and teachers at Sandy Hook EleGENE mentary School in LYONS Newtown, Conn., was a hoax — an Obama-orchestrated theatrical spectacle to promote gun control.

That obscene and deeply offensive lie caused one Connecticut NBC affiliate to refuse to air the program. Kelly’s willingness to put Jones on the air initially caused great anger and sorrow among the surviving parents of the slain 5- and 6-year-olds, several of whom have received hate mail and death threats from Info Wars adepts. Their pain is unimaginable.

Ultimately, however, they needn’t have worried. Whether or not NBC drastically re-edited the episode in response to critics, as some have claimed, the end result was nevertheless revealing of Infowars’ methods.

First, Kelly softened Jones up by highlighting his recent lampooning of teenaged terrorist victims in Manchester, England, as “liberal trendies.” One of those trendies, she pointed out, was 8 years old. She described his practice as one of “reckless accusation, followed by equivocations and excuses.”

On cue, Jones began stammering, equivocating and babbling alibis. Maybe some children really died at Sandy Hook after all, he allowed. “I tend to believe that children probably did die there,” he said. “But then you look at all the other evidence on the other side.”

“Of course,” Kelly said in a brisk voiceover, “there is no ‘evidence on the other side.’ ” As, indeed, there is not. Nor ever was.

Kelly interviewed Neil Heslin, whose 6-year-old son, Jesse, died in the tragedy.

The brokenhearted father’s courage at standing up to Jones can only be admired.

Broadcast images of Jesse’s shining face shamed the blustering fraud.

And ultimately, shame may be the only known antidote for Jones’ brand of political obscenity. People inclined to accept absurd conspiracy theories can be more vulnerable to ridicule than reason. Men particularly fear the laughter of beautiful women. What’s more, precisely because of her longtime affiliation with Fox News, Kelly could end up being the perfect person for the job.

Assuming, that is, that she wants it.

Cops and juries

I

try not to second-guess jury verdicts they perceive it, rule against the in trials I do not watch, as I know from the past decade as a criminal police. It’s tough defense lawyer that what the jury sees to hold my tongue and hears inside the courtroom is not sometimes, and it always the same as what the public sees might be better in AUTUMN and hears outside the courtroom. When the long run to call TOLBERT I found out the jury came back with a it as I see it, but in “not guilty” in the recent trial of Jeronthat moment in trial, I have one job and imo Yanez, the police officer who shot that is to worry about the good of my Philando Castile during a traffic stop client.

In Minnesota, just as in many recent last year in Minnesota, I was saddened, trials all over the country, but not surprised.

Over the years, almost We cannot as 12 jurors were asked to find that an officer comevery single time I’ve a country bury selected a jury or watched our heads in the mitted a crime when he others select one, at least sand and claim shot a black man during some of the potential a routine stop. The jurors that the world is jurors acknowledge after were asked to rule against colorblind and that the officer and find him being questioned during the jury selection process biases don’t exist guilty of manslaughter for that they tend to believe while ignoring the killing Castile, or Mr. Phil an officer’s word over experiences of as he was known to the any other witness. Most students at the elementary people of color. of them are apologetic in school where he worked, their honesty, but here while in the car with his and there are those who are defiant fiancee and her daughter. Castile had a and have clearly taken offense at the permit to carry a gun and told the offimere thought of a defendant exerting cer he was carrying. For whatever reahis or her Sixth Amendment right to a son, the jury could not or would not find trial. I am always happy to hear honesty that the evidence was enough to convict from potential jurors. The frightening Yanez. I wasn’t at the trial. I don’t know what that jury heard and saw from the alternative is that a juror is unwilling to admit or is unaware they carry that bias witnesses and attorneys. I couldn’t say if in favor of law enforcement. Either way, the fact that some cannot overcome their they cannot be fair if, at some point durtrust and confidence in police as a whole ing the trial, an officer’s word or actions contributed to the outcome. are in question.

I do know that, regardless of whether It is hard to undo years of learning. or not the jury rendered a decision in From a young age, most of us are taught line with the evidence presented, to many people a clear message came that there are those who are here to help: teachers, doctors, nurses, firefighters out of that Minnesota courtroom: An and police officers. For many, even when officer can shoot a black man who is confronted with video or audio evidence, doing everything right and not be held some still have a hard time overcoming accountable. I don’t believe questioning this bias of trust and believe that somethis verdict or criticizing Officer Yanez one, like a police officer, whose job it is is, as some would claim, an indictment or sweeping criticism of all police offito serve others would ever act in a mancers. But as we learn of another shootner inconsistent with that goal. Some will even go so far as to not believe an ing this week in Seattle of Charleena officer could make a mistake. I learned Lyles, a pregnant mother of four, we early in my career that if I could prove have to find a way to talk about what is an officer was being untruthful or made happening. We cannot as a country bury an error during an investigation, I would our heads in the sand and claim that the be better off if I portrayed to the jury world is colorblind and that biases don’t that the officer just made an honest misexist while ignoring the experiences of take. That sometimes takes some mental people of color. It is important for all of and verbal gymnastics when the offius who are hurt and frustrated by this cer, in court, refuses to acknowledge verdict to stand and say that we believe the error or inconsistency, but the fact Black Lives Matter and, despite what remains that it isn’t wise to put some happened in that Minnesota courtroom jurors in a position that, in order to find last week, Philando Castile’s life matmy client not guilty, they have to, as tered, too.

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LOCAL arktimes.com JUNE 22, 2017

9

PEARLS ABOUT SWINE

Summer hopes

I

n those lamentable dog days of summer, generally Razorback football news of any kind is rare. And historically, such as in the summer of 2006 when Darren McFadden nearly mangled his foot in a predawn nightclub brawl and Paul Eells died tragically on Interstate 40 prior to summer ball starting in earnest, it’s not been all that great.

We’ve already been leveled with the news that Rawleigh Williams’ burgeoning career is over far too soon due to injury precautions, but that occurred in the spring scrimmage. Summer is a time for the fans to summon optimism, if the circumstances dictate it, because everyone in America is 0-0 right now. Except for Oklahoma, which starts the postBob Stoops era well ahead of the curve because it might actually win games of magnitude now.

Bret Bielema is not, regardless of your possible venom toward him or the catastrophic way the 2016 season wrapped, going anywhere. He’s soon to be a father to a little girl, which was an enthralling enough way for the embattled fifth-year coach to enjoy Father’s Day, but the football gods smiled on him even more broadly on Sunday when onetime South Carolina tailback Dave Williams announced his transfer to Fayetteville. Williams will shore up the backfield depth significantly with Rawleigh’s retirement having robbed the Hogs of their bellcow.

Now, the running back stable consists of Devwah Whaley, who is expected to blossom after flashing his four-star skill to the tune of 602 yards and three scores on limited totes, and two new Williamses, namely Dave and true freshman Maleek, who arrived on campus early and displayed a bit of Alex Collins-like shiftiness in the spring. Throw in incoming freshman Chase Hayden, a wellregarded recruit who had offers from a variety of power programs, and there’s ample backfield depth now.

More critically, though, the arrival of Williams by way of South Carolina may facilitate the return of T.J. Hammonds to the slot, where his speed and elusiveness is desperately needed. Arkansas’s 2017 fate may rest on how well the offense performs after four wide receivers of varying degrees of production (Drew Morgan, Keon Hatcher, Dominique Reed and Cody Hollister) all exhausted their eligibility, and Jeremy Sprinkle left a hole to fill at tight end. Jared Cornelius is by far the most proven return10

JUNE 22, 2017

ARKANSAS TIMES

ing pass catcher, but there’s room for Hammonds, Deon Stewart, and LaMichael Pettway to mature BEAU and excel after all WILCOX of them got only tastes of the action last fall. Cheyenne O’Grady and Austin Cantrell should keep the tight end production bolstered.

This is not shaping up to be the most dynamic offense that the Hogs will have, as a consequence of that lost experience at the skill positions, but there’s an argument to be made that it will be more consistent because quarterback Austin Allen now has a full season of starting behind him. Allen has to rein in his emotions and spend his senior season the way his older brother, Brandon, shepherded the offense in 2015. What made that offense click as the season wore on was Brandon’s ability to accept those downs where the downfield coverage was too stingy to test. He capitalized on the short throws and that made Cornelius, Reed and Morgan that much more lethal on downfield strikes.

ON THE BASEBALL FRONT, Dave Van Horn’s team may have faltered at the Fayetteville Regional, but the MLB Draft did not strip the program too aggressively, and a couple of collegiate writers observed in the aftermath of the draft that the Hogs accordingly may be one of the preseason favorites in 2018. That’s not an entirely welcome proposition, as Van Horn’s best teams have traditionally been those that operated without the weight of expectations, but considering that Trevor Stephan and Chad Spanberger may be the only two significant contributors from a 45-19 team who sign pro contracts, there’s cause for springtime optimism, too.

Blaine Knight’s erratic moments and slight build may have deterred otherwise interested suitors, as he dropped to the 29th round. Luke Bonfield and Carson Shaddy didn’t get called upon, so that brings a combined 17 home runs and 89 RBIs right back into the lineup along with Jax Biggers’ surprising production and the late-season bursts from Eric Cole and Jared Gates. All-SEC catcher Grant Koch is also back for his third and presumably final year, so suddenly the Hogs’ lineup has the look of one that will smack the ball around again, especially with some highly-regarded incoming talent.

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THE OBSERVER NOTES ON THE PASSING SCENE

Monkey wrenches

J

unior is 17 now, and shows no interest in driving, or even taking the driving test. It’s got his Old Man a little concerned, and not just because we’re running a car service for one these days.

When Yours Truly was a lad, the world so much smaller and the TV with only three fuzzy channels plus AETN, we were itching to drive. We got a learner’s permit literally the first day we legally could, then returned for our driver’s license the first day we could get that. By then, we’d long since owned a car — a pearl white 1963 Chevrolet we bought for two-hunnert bucks at a garage sale — and turned half the bolts on it.

Cars are in The Observer’s blood. By 10 years old, we could name the make, model and year of nearly every car we saw on the streets, Ford Model-T Ford to brand new, reading the unique Detroit fingerprint of bumper and taillight. Our dear old Pa’s car stories were campfire tales when The Observer was young: the big block powered Impala he owned when he was dating The Observer’s Ma and lived in Memphis — the car he claimed could make the run between the Tennessee line and Little Rock in just over an hour, flying low in the dark like a chrome-trimmed missile. The similarly hot Ford Galaxy he bought for a song, beat all the windows out of with a pickaxe, then took stockcar racing at the Benton Speedbowl a time or three before he barrel rolled it over a fence and Ma told him no more.

Pa’s trips back and forth to California as a lad, in the backseat of whatever junker his wanderlusting father could scrounge up in College Station, every time his father swearing this would be it, California for good this time, but always boomeranging back six months later, the gravity of Arkansas as strong then as it is now for native sons and daughters.

The Observer has our own car sto-

ries, of course, and we have sung them to Junior since his birth: Hermann Boring, the vanilla 1965 VW beetle we drove to college; Stealth Bomber, the blue 1984 Mercury Cougar we piloted on our first date with his mother; Leroy Brown, the ’74 Dodge pickup we rattled around in as our fondness for that pretty girl turned to love and then to surety that she was The One; AT-AT, the white Chevy Blazer dear old Pa bought for us as a wedding present as we prepared to ship out for grad school in the snowy wastes of Iowa; Granny, the green Crown Victoria that bore Junior home from the hospital in Lafayette, and which saved his dear ol’ Dad’s life just before Junior’s second Christmas when a guy ran a stop sign and T-boned her, sending us spinning into traffic and a multicar pileup.

What with all those nuts and bolts floating around in our DNA, we don’t know what to do with Junior’s automotive apathy. By his age, we’d already rebuilt a half-dozen engines and owned three cars. It’s a different world, we suppose, with different priorities. The kids these days are able to go anywhere on the planet with just a few clicks of the keyboard. To a lot of them, Junior included it seems, a car isn’t about freedom or individuality or motorvatin’ out past the city lights. It’s just a conveyance, no more tied to their identity than a refrigerator with wheels. Doesn’t compute for The Observer, who can still name the make and model of nearly every car we see on the street. But so much of raising a child, we’ve found, is coming to grips with the idea that the goal isn’t to make a clone of yourself in appearance, thought and deed. Some people never get that. Still, The Observer does wish Junior would go ahead and get his driver’s license. He doesn’t have to love cars like his Old Man did, but we’d sure like a ride to the grocery store every once in a while.

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11

Arkansas Reporter

THE

Two suits challenge new abortion laws

BY LESLIE NEWELL PEACOCK

legislation is scheduled to take effect Jan. 1, 2018.

The second lawsuit, filed by Planned Parenthood Great Plains and Little Rock Family Planning Services against Nathaniel Smith, director of the state Department of Health, and the department itself, challenges a new law that would require the department to suspend or revoke the license of an abortion clinic for the violation of any regulation, no matter how small. Under

and Sen. Scott Flippo sponsored the bill that became the law. The case will be heard by U.S. District Judge Jay Moody.

The ban on dilation and evacuation would effectively make abortion unavailable to women past their 12th week of pregnancy. Where such bans have been challenged, they’ve been ruled unconstitutional. (The other three laws challenged in the broader suit are “unique to Arkansas,” Laura McQuade, president and CEO of

12

JUNE 22, 2017

ARKANSAS TIMES

BRIAN CHILSON

A

rkansas legislators “matched cruelty with creativity” this year with the passage of new laws to block women from getting legal abortions, the deputy director of the ACLU’s Reproductive Freedom Project said Tuesday in announcing the filing of two suits in federal court challenging new laws.

Talcott Camp of the ACLU, who held a press conference along with representatives for the Center for Reproductive Rights, Little Rock Family Planning Services and Planned Parenthood Great Plains, said the suits are a response to what she called “a perilous landscape” that will “dismantle health care for millions of people.”

Four Arkansas laws are the target of one suit brought by ACLU, the ACLU of Arkansas and the Center for Reproductive Rights: Rep. Andy Mayberry and Sen. David Sanders’ socalled “dismemberment bill,” which would ban dilation and evacuation, the safest procedure used in later-term abortions; Rep. Kim Hammer’s bill that would require notice be given to a woman’s partner — or her rapist — before an abortion can proceed; Rep. Charlie Collins and Sens. Missy Irvin and Jason Rapert’s bill that would force doctors to request mountains of health care records before performing an abortion; and Rep. Sonia Barker’s bill that would require the police be notified of an abortion performed on girls younger than 17, even if there is no evidence of abuse or criminal activity, and require the fetal remains be turned over to the police. The plaintiff in the suit is Dr. Frederick Hopkins, an abortion provider at Little Rock Family Planning Services. Named as defendants are Pulaski Prosecuting Attorney Larry Jegley, as enforcer of

RITA SKLAR: Politicians have “passed laws that defy decency and reason.”

criminal elements of the law, and the members of the State Medical Board.

The suit, which seeks a preliminary injunction, has been assigned to U.S. District Judge William Roy Wilson.

All but the medical records law take effect July 30. The medical records

current law, problems found by health department inspectors — such as the ripped upholstery at Little Rock Family Planning Services cited in 2016 — are answered with fixes, not closure.

No other clinic is subjected to such a draconian law. Rep. Robin Lundstrum

Planned Parenthood Great Plains, the umbrella organization for the Arkansas Planned Parenthood clinics.)

Lori Williams, the clinical director at Little Rock Family Planning Services, said, “I thought I’d seen it all” about the numerous efforts by the state

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legislature to interfere in a woman’s right to terminate a pregnancy, such as the 48-day waiting period that burdens women who do not live close to Arkansas’s one surgical abortion provider. “With these new laws, the politicians have sunk to a new low. … They do nothing to advance women’s health,” and harm them instead.

National press attending the conference were particularly interested in the fetal tissue disposal law, which amends current state law on who makes the decision on the disposition of the remains of family members. The new law says that a woman seeking an abortion can’t make the decision on the disposal of fetal tissue alone, but must get the approval of the father of the child, or if she is a minor, her parents. That means if a woman seeks to abort the issue of a rape, she must get the rapist’s approval on the disposition of fetal tissue before the abortion can proceed.

The notification law for minors would require that an abortion provider whose patient is a 16-year-old impregnated by her minor boyfriend report the pregnancy to the local police and supply them with the aborted fetus, as if it were evidence of a crime. Imagine that in a tiny Arkansas town, Camp said; “It treats the patient as a victim and her partner as a suspect.”

The medical records law is part of a bill that ostensibly prohibits abortion on the basis of sex selection. If a woman knows the sex of her infant, she is to report it, and once that is done, her provider must request every record made of the woman’s entire gynecological and obstetrical care.

In a news release, ACLU Arkansas Director Rita Sklar said, “Instead of protecting women’s health, Arkansas politicians have passed laws that defy decency and reason just to make it difficult or impossible for a woman to get an abortion. They’ve created burdensome bureaucratic hurdles that invade patient privacy.”

These groups have sued Arkansas successfully before on efforts to limit not only abortion but family planning and health services provided by Planned Parenthood.

The state can be expected to vigorously contest the suits.

BIG

INCONSEQUENTIAL NEWS QUIZ: INQ

Available on iTunes & arktimes.com

THE

INQ

Tune in to our “Week In Review” podcast each Friday.

1) Officials at the Craighead County Courthouse in Jonesboro have recently installed cameras to combat a recurring problem there. What’s the issue?

A) Visitors repeatedly peeing in the elevator, even though every floor has public restrooms 25 feet from the elevator doors.

B) Illegal wagering on piglet racing in the basement.

C) Circuit Judge Merkin B. Pickle’s insistence on stringing up defendants by their thumbs from a hook in the ceiling while they testify.

D) Meth use by courtroom stenographer Myrtle Bundt, which has increased her average typing speed so much that her typewriter recently caught fire during a jury trial. ...................................................................................................

2) The recent jury trial in a federal civil suit brought against a former LR police officer who beat a man outside Ferneau restaurant in October 2011 descended into theater at one point. What happened?

A) Defendant’s attorney Bill James had the plaintiff come down from the witness stand to physically demonstrate his claim that he was able to get up from a facedown position while handcuffed, with James doing a passable impersonation of a fish in the bottom of a boat while making his own attempt to replicate the feat on the floor in front of the jury box.

B) The lawsuit was dropped after the cop and the plaintiff bonded over their love for strawberry Fanta, the lush erotica of Anais Nin and the filmography of Jean-Claude Van Damme.

C) Plaintiff’s attorney Reggie Koch hulked out and smashed a chair over a bailiff’s head after the judge repeatedly mispronounced his name, including “Ragey Coach,” “Regular Coat” and “Reggae Cock.”

D) U.S. District Judge Herman Butts Jr. fell asleep several times during testimony, including one instance in which he farted so loudly that the defense attorney was moved to object. ...................................................................................................

3) A story about Facebook with an Arkansas angle was in the news in recent days. What was it?

A) Facebook reached a settlement in a class-action lawsuit whose lead plaintiffs, residents of Little Rock, claimed the company had been invading plaintiffs’ privacy by reading private messages passed between users in order to target advertising.

B) Large public protests at the state Capitol, demanding the return of the ability to “poke.”

C) Founder Mark Zuckerberg visited Little Rock as part of his cross-country tour to apologize to America for “getting you back in touch with all the jerkoffs you hated in high school.”

D) A personal appearance in North Little Rock by God, in which He admitted He doesn’t actually care whether you forward those Facebook prayer requests your friends send you. ...................................................................................................

4) Josh Duggar, the former professional morality scold whose own alleged moral transgressions cost his family their lucrative “[Umpteen Bazillion] Kids and Counting” reality TV series, recently made the news again. What was the issue?

A) Duggar filed and later withdrew an attempt to join a federal civil suit brought by four of his sisters against “In Touch” magazine, the city of Springdale, Washington County and officials who released information about an investigation into allegations he’d sexually molested his sisters when he was a teenager.

B) Duggar’s intervention motion said the story “In Touch” published caused him “severe emotional distress” and “embarrassment.”

C) Duggar’s intervention motion said the story “In Touch” published caused him “humiliation” and “harm both to his personal and professional reputations.”

D) All of the above. Won’t SOMEONE consider how Josh has suffered? ...................................................................................................

5) John Bush, a Little Rock-born attorney and right-wing blogger who has been nominated to a federal judgeship by President Trump, revealed something rather shocking about himself during his confirmation hearing before the Senate Judiciary Committee. What was it?

A) He once referred to Trump as an “addled orange dickweasel.”

B) He indicated he didn’t know much about the U.S. Supreme Court’s landmark 1954 Brown v. Board of Education decision, which struck down segregation in public schools and led to widespread civil unrest — including in his own hometown in 1957 — when he answered a question on whether the case had divided the country by saying: “I wasn’t alive at the time of Brown, but I don’t think it did.”

C) Never met in secret with Russian government operatives, making him the first known Trump appointee who didn’t get around to playing footsie with the Russkies.

D) Admitted he doesn’t like birthday cake, warmongering bluster or egotistical dudes with necks longer than a standard cubit, drawing an immediate “no” vote from Sen. Tom Cotton, R-Ark. Answers: A, A, A, A, B

LISTEN UP

arktimes.com JUNE 22, 2017

13

GUTIERREZ: Since founding Aptus Financial in 2011, she’s seen hundreds of clients with 401(k) plans with high fees.

14

JUNE 22, 2017

ARKANSAS TIMES

BRIAN CHILSON

COMPLEXITY, APATHY AND EMBARASSMENT: They are three of the primary forces of evil in the 401(k) ecosytem, says Aptus’ Tim Quillin.

The cost of small percentages Do you know how much you’re paying for your 401(k) plan? It could amount to hundreds of thousands of dollars.

BY LINDSEY MILLAR

I

f you’re among the 79 percent of American workers whose employers offer a 401(k)-style retirement plan, you may have a foggy memory of someone, maybe in HR, explaining the plan to you. It’s possible that soon after you heard “401(k)” your eyes crossed and you started daydreaming about lunch. Even now, you may be close to

abandoning this article because you can tell there are going to be numbers involved. But first read this: If you are not putting money away in a 401(k) or some other retirement vehicle, you will regret it one day. Retiring with no source of income besides Social Security means you will grow old in relative poverty or be forced to work

well past 65, and that’s assuming Social Security survives in its current form for the foreseeable future. If you are taking advantage of a 401(k), especially if your employer matches some portion of what you are contributing, you’re getting free money (!) to invest alongside your own pretax income that will put you on the path to getting to do what you want after retirement. Unfortunately, among eligible employees of companies that offer plans, only 41 percent participate.

But if you do indeed put money aside in a 401(k), don’t relax just yet.

Many people with 401(k)s are unwittingly paying fees that add up to hundreds of thousands of dollars lost from their retirement savings. If, say, you’re contributing 10 percent of your salary to your 401(k) for most of your working life, it may well be the biggest purchase

you ever make. How much will it cost?

Most people don’t know the answer.

Forty or 50 years ago, many American workers knew they could retire one day because they had a pension waiting for them along with their Social Security benefits. Employers were responsible for saving and investing money, so that when their workers reached retirement age, they received a specified amount, usually based on length of employment and salary history. This pension model is known as a defined benefit plan.

But pensions were expensive for

arktimes.com JUNE 22, 2017

15

BRIAN CHILSON

SAW A BUSINESS OPPORTUNITY: After realizing how much his own company was paying in 401(k) fees, CFO Network’s Allen Engstrom began to offer 401(k) evaluation as one of its services.

16

JUNE 22, 2017

ARKANSAS TIMES

employers to maintain, and in the 1980s and 1990s, many companies eagerly ditched them in favor of 401(k) plans.

Named for an obscure addition to section 401 of the federal tax code in 1978, the 401(k) allowed workers a tax-free way to put money aside, but the idea didn’t catch on until the early ’80s, when a retirement consultant came up with an idea to incentivize participation through a match from employers.

Today, only 10 percent of workers over 22 have a pension, and the 401(k) has become the dominant retirement savings vehicle. With a traditional defined benefit pension, employees got stability and predictability without having to take any action. In contrast, a 401(k) plan is what’s known as a defined contribution plan. Employees who take advantage of the plan determine a percentage of their salary to defer from their paycheck, pretax, into mutual funds or other investments (the IRSdefined contribution limit is $18,000 for 2017). Often, employers match some portion of the contribution. Compared

to a pension, a 401(k) is more like doit-yourself retirement, even if it’s facilitated and often incentivized by employers. Workers have to make a number of decisions: Should they participate at all? If they do take advantage of the plan, how much can they afford to contribute? How should their investment be spread between stocks and bonds?

What specific funds should they select?

Few people answer all these questions correctly, Tim Quillin, of Aptus Financial, says. Not that he blames them.

“Everyone seems to feel like they’re supposed to know more than they do,” he said of investing in 401(k) plans. “We don’t have any problem going to other professionals, to doctors or lawyers, but when it comes to this area, a lot of people feel like, ‘I can figure out those fund choices, no problem.’ They say, ‘Bonds, oh yeah, I’ve heard of those, I need bonds, or ‘Growth, yeah, gimme some growth.’ ” Or they get lost early in the process and make random selections.

Complexity, apathy and embarrassment are three of the main forces of evil work-

ing in the 401(k) ecosystem, Quillin says.

Aptus sees the typical 401(k) plan as almost obsolete. It’s working to reinvent the model. Sarah Catherine Gutierrez founded the Little Rock firm in 2011 as “a response to how the rest of the industry gives advice.” Most financial services companies take money from clients, invest it for them and charge a percentage fee on that investment — or assets under management. Another, increasingly popular model is to invest clients’ money for them on an hourly, fee-only basis. Rather than holding and investing clients’ money, Aptus recommends a financial plan and directs its clients to execute the plan themselves.

For its advice, Aptus charges a flat fee or hourly rate.

Financial advisers who make money based on the assets they manage are often faced with conflicts of interest, and their services cost more than they should, says Gutierrez, who has a master’s degree in public policy from the John F. Kennedy School of Government at Harvard University and spent years

THE COST OF HIGH FEES $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65

$0 Balance with Current, Typical 401(k)

Balance with Better, Widely Available 401(k)

THE GAP GROWS WIDER: After 30 years, the difference between a mutual fund with fees of 1.44 percent and one with fees of .25 percent could amount to almost $300,000 for Jennifer.

working at Stephens Inc. as an analyst.

“If you look at the average fees someone would pay up front or over time, we’re just a small fraction. When you charge a fixed fee, you’re kind of agnostic. We don’t financially benefit if you pay off student loans or invest.”

Aptus’ model requires more volume than other financial advisers because many of its clients are one-time only.

So, in six years, Gutierrez and her colleagues have seen hundreds of people.

One common theme: Many clients’ 401(k) plans include fees that, over the course of an investment, could cost hundreds of thousands of retirement dollars — and they have no idea.

Take Jennifer, a young attorney at a large Little Rock law firm, who makes about $95,000 and whose work involves reviewing financial transactions (her name has been changed). A risk assessment test — with questions such as, “If you had a vacation planned and you suddenly lose your job, would you cancel the trip even though you might never be able to take the trip again?” — told

her that she’s conservative for her age when it comes to money matters. She’s read books by celebrity financial advisers like Suze Orman and Dave Ramsey, and followed their advice to pay off her highest-interest loans first. When she became eligible for her firm’s generous 401(k) plan — it matches two-thirds of contributions up to 6 percent of its employees’ salary — she elected to defer 12 percent of her salary. “I remember hearing that 10 percent was standard, so I thought I’d do 12 to get a little bit ahead,” she said.

But when Jennifer asked Gutierrez to review her 401(k), Gutierrez noticed that Jennifer was solely invested in one fund that cost 1.44 percent in fees. That might sound like nothing, but compound interest adds up over the years. Gutierrez recommended another fund offered

by Jennifer’s firm, with fees totaling 0.25 percent. Considering a rate of return of just under 6 percent, the fees in Jennifer’s original fund could cost her almost $300,000 by the time she retires at 65.

It could mean the difference between

her annual income in retirement being $37,000 per year vs. almost $49,000.

“I was kind of embarrassed,” Jennifer said when Gutierrez explained the cost of her plan. “I felt like I should have known better. I knew I needed to look at it sometime, but I figured if I was putting a certain percentage in every month, I’d be fine.”

Jennifer isn’t alone in not considering fees. “Most Americans don’t know [fund fees] exist,” said Sheryl Garrett of Eureka Springs and the CEO of the Garrett Planning Network Inc., a network of 240 hourly, fee-only financial advisers.

Garrett’s experience is supported by a 2011 study by AARP, which found that 71 percent of Americans don’t think they pay any fees at all. Or if they do know about fees, Garrett says, “They say, ‘Oh, my employer must pay those.” But the industry is fees, Quillin says.

“Because we’ve had a stock bull market over the last 35-40 years, some of the problems have been masked. This whole industry is set up to generate fees for the companies that service 401(k)s.

But [people] will never know. There’s no counterfactual. It’s not like buying a house and someday selling it and realizing you paid too much.”

Another problem with Jennifer’s plan? Too many options. “To do what’s in a client’s best interest is to eliminate the crappy choices,” Garrett says. “You want to have fewer, better choices,” Quillin echoes.

Quillin joined Aptus earlier this year after almost two decades as an analyst, mostly with Stephens Inc. He was Gutierrez’ boss at Stephens and they became friends and stayed in touch when she left. He came to Aptus after the firm successfully bid on managing a small company’s 401(k) plan, and Gutierrez and Quillin realized a different take on the 401(k) model could be a growth opportunity. Much like its other individual financial counseling work, for a 401(k), Aptus charges fixed fees, offers a lineup of low-cost funds and focuses on individual financial wellness.

To understand how that model might be different from a more typical plan, arktimes.com JUNE 22, 2017

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So, what do I do now?

T

he easiest way to figure out how much your 401(k) plan costs is to ask the plan’s adviser or whoever is the point person for the plan in your company for a breakdown of all the fees levied. That might be the only way to truly know how much you pay.

Other routes: Look at your statement and note the expenses deducted from your balance.

Virtually all plans offer participants a way to access information about their lineup of mutual funds (and possibly other investments) online. There, you can see an expense ratio — a collection of costs charged annually, expressed as a percentage of assets — for each mutual fund.

To see a breakdown of those expenses, which could include 12b-1 fees, administrative fees, management fees and operat-

ing costs, you’ll have to find the mutual fund’s prospectus, which is often available on a 401(k) portal. The prospectus may describe certain fees, including front-end load commissions, which are charged at the initial purchase of an investment, in terms of maximum charges. So again, you’re back asking for info from your adviser or administrator.

Another thing to look for on your company’s 401(k) mutual fund lineup is how the funds have performed against a benchmark — usually an index of the broader market or a segment of the market — over the course of one, five and 10 years. Aptus Financial recommends that 401(k) plans offer passive target-date, low-fee index funds that reallocate among stocks and bonds as an investor moves closer to her target retirement date. Allen

consider the three main players with their hands in the 401(k) cookie jar: There’s the adviser, who is chosen by the employer and who selects a lineup of mutual funds and meets with employees to explain the mechanics of the plan.

Advisers typically make money based on a percentage of the plan’s assets under management, but they could get paid through sales commissions or 12b-1 fees, which are annual marketing or distribution fees paid out of an individual fund’s net assets to advisers. Critics call these kickbacks that amount to a conflict of interest.

There’s the recordkeeper or custodian, which keeps up with the nuts and bolts of the plan. The recordkeeper is often selected by the adviser. It deposits and withdraws money in accounts and generates all the paperwork associated with a plan. Recordkeepers typically charge per participant, but in some instances charge as a percentage of assets. “That doesn’t make sense,” Quillin says. The cost of the administration they have to do is only a function of the number of people they keep track of; the work doesn’t get harder as a plan’s assets grow.

There’s the cost of the individual mutual funds or other investment vehicles themselves, for the research or tools the fund managers use to beat or match the market. That cost is often reflected 18

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ARKANSAS TIMES

Engstrom, managing director at CFO Network, points to targetdate passive investments and robo-advisers, which provide automated investment advice at a low cost, as among the ways companies can reduce the cost of their plan.

But true financial guidance can be worth the cost, James Alger, senior vice president and chief compliance officer at Simmons First Investment Group, says.

“When you look at retirement accounts, people’s retirement dollars, one of the biggest mistakes that investors make, if they’re long-term investors, is getting out of the market. They can be overcome by short-term fears, and fears make them react and they make the wrong move.”

Behavioral management can be an important role of an adviser,

as an expense ratio on a plan’s lineup of funds, but there could also be sales commission charges, called front- or back-end loads, which could be charged when participants first buy or sell funds.

Those three parties often work together in ways that obscure what they’re charging in a 401(k). Another Aptus client we’ll call Amber was a teacher at a private school when she received an email from the school’s finance department about her 401(k). It said that one of the funds in the school’s 401(k) lineup would no longer be offered and assets in it would be transferred into a new fund if participants didn’t act before a certain date. That move would affect Amber — and she chafed at the idea of being forced into a new investment — so she forwarded the letter to Gutierrez, who noticed right away that the fees mentioned on the letter looked off. The plan said it was moving from a Vanguard fund with a 1.04 expense ratio to a Blackrock fund with an expense ratio of 1 percent. “They were saying, ‘Hey, tada, we’re giving you lower fees,’ ” Gutierrez said.

The mutual fund company Vanguard popularized low-cost investing and pioneered the idea of so-called passive investing through index funds, where rather than buying a mutual fund made up of a collection of assets assembled to beat the market, an investor buys a

too, Alger said. “What did you do in 2008, 2009? Did you stay put or did you get out? If you look back, you would have been better off staying put. … If they got out, they really messed up.”

Sheryl Garrett, CEO of Garrett Planning Network Inc., said that though she used passive investments to dramatically lower her own 401(k) plan’s fees, costs aren’t the only factor to consider. “Everything doesn’t have to be less than X percent. Maybe having a little bit of exposure [to a certain market] is important for diversification.”

But, Tim Quillin of Aptus said, “The passive vs. active debate is a little bit of a red herring. The issue is really fees.” Research shows that actively managed funds have long underperformed their passive peers, Quillin said.

It’s hard enough for stock pickers to beat the market, but especially so when they have to beat the market and an assortment of fees.

specific sampling of the market, such as the S&P 500 index. Because there’s no research or staff to speak of necessary to buy the market, Vanguard and other passive funds have much lower fees than actively managed funds. Gutierrez knew that Vanguard charged significantly less for that particular fund, somewhere between .10 and .16 percent. Meanwhile, the BlackRock fund that Amber was being forced into was greatly underperforming the Vanguard fund. With Amber’s permission, Gutierrez contacted the administrator in the school’s finance department whose name was on the email Amber received.

The administrator said she had never seen the email and couldn’t explain the rationale for the change and referred Gutierrez to the plan adviser. He also said he didn’t know about the change and couldn’t explain it. That, at best, was “odd,” Gutierrez said.

It’s unclear exactly what the motivation for the fund switch in Amber’s plan was and who stood to profit by it, but the lack of transparency bothered Amber. “It didn’t seem right,” she said.

Aptus isn’t alone in Arkansas in seeing the inflated costs of an average 401(k) plan as a business opportunity.

Allen Engstrom is managing director of CFO Network, a North Little Rock company that provides financial consulting for businesses. Several years ago,

he noticed on his own 401(k) statement that his funds were underperforming the market. The more he looked, he found that his embedded fees — “small percentages, each one seemed innocuous,” he said — were eating up his return.

He took an average salary at his firm and modeled out the cost of fees over the course of the hypothetical employee’s career. It amounted to over $420,000, or 38 percent of 401(k) return at retirement. In searching for a better way to have a plan, he researched a range of advisers, administrators and investment platforms. “We ended up with a solution that my employees are happy with that brought our fees down, on average to 5 percent” over the course of their career, he said.

That experience led Engstrom to add 401(k) evaluation as one of CFO Network’s services. “Nobody out there that has a vested interest in telling the [401(k)] story. They’re all conflicted to some extent. We’re totally independent.

We don’t have a dog in the hunt. Companies hire us as independent consultants.

We facilitate the process of understanding what kind of plan they have, model out the fee-impacts on employees, and do a discovery process, where we go through and interview the employees and employer to understand what they want out of their plans. Every one we’ve done, we’ve found similar results. Fees were all well north of 30 percent, and we’ve gotten them down into the midsingle digit range.”

The other thing Engstrom learned in his research into his own plan: As the trustee, he was potentially liable for excessive fees. In the last decade, 401(k) investors have filed a number of lawsuits, many of them successful,

against large corporations that offered plans with excessive fees under the Employee Retirement Income Security Act (ERISA) of 1974.

On June 9, a new U.S. Department of Labor rule covering retirement plans, originally conceived in the Obama administration, went into effect. It requires the adviser on all retirement plans to be a fiduciary, which means she is required to put her clients’ interests before her own. “One of the duties of the Department of Labor rule is not to waste clients’ assets,” Garrett says. “It’s interpreted into the wording. I like using those words: We have a duty.”

Garrett believes the new rule and more ERISA class-action lawsuits will have an impact on the industry. “I really think we’re going to see a very dramatic change in qualified plans offered by employer groups, where the plans will either be changed or switched up. There will be better costs, better transparency and better recordkeeping.”

But Quillin thinks real reform will only come from below.

“Nobody in this ecosystem really has a strong incentive to change it.

Current providers have no incentive.

The [employers], as long as they have a 401(k) and the villagers aren’t storming the castle, they’re pretty happy with letting things continue as well.

Until people care, until employees care, the world isn’t going to change.

We can have regulatory reform — like this new fiduciary rule, which may or may not help, and may or may not be repealed or watered down by the new administration — but until people really take an active interest in their retirement plan, the world is not going to change.”

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arktimes.com JUNE 22, 2017

19

Arts Entertainment AND

Hard edges The 59th Delta provokes thoughts about why we love our unnatural lawns, and what is real, anyway?

BY LESLIE NEWELL PEACOCK

I

f the manner of art-making reflects the society in which its made, then it may be that the work in the 59th annual Delta Exhibition at the Arkansas Arts Center, which features more than its usual portion of trompe l’oeil and nonpainterly representation, embodies the current political true-false argument. Even the abstract work in the Delta makes use of reality’s hard edges.

Or maybe it’s just that today’s deep divisions on what is true make the visitor to the Arts Center’s annual juried show of regional artists more aware of how people can be tricked or, in turn, informed.

Bucking a political trend of growing misogyny, however, was the selection of the cash awards: All four were women. The juror, Betsy Bradley of the Mississippi Art Museum, who selected the works without knowing the identities of the artists, went for the unconventional: works in ceramic, cut stainless steel, stitched and quilted cotton and strips of paper that abandoned the picture plane.

The winner of the Grand Award, Clarksville artist Dawn Holder, both imitated and manipulated reality with her “Grass Variation (Mown Path),” an installation of blades of grass crafted from green porcelain. Holder, who teaches at the University of the Ozarks, said the grass idea came to her as a graduate student at the Rhode Island School of Design, where she was doing a lot of work “that investigated suburbia.” That evolved into thinking about the high value our culture puts on the mowed and tidy lawn, which she pondered “first from an ecological point of view. Why are we so interested in spending time and resources to keep a perfect lawn?” Then, she began to think about the “undertones” of the perfect lawn, “how the lawn is imbued 20

JUNE 22, 2017

ARKANSAS TIMES

with morality. If you are the bad neighbor that does not mow your lawn, what does that say about you?” And from there, Holder was off and running with the cultural symbolism of grass and the strangeness of covering our yards with a non-native plant that requires more water than agriculture to meet its use. With her artwork, she is taking the lawn from the outside, where it’s ubiquitous and unseen, and transplanting it indoors, to generate thoughts about why we invest a groomed monoculture yard with status.

Holder’s milked the grass ‘BODY: FLESH AND BONE’: theme — she has arranged LaDawna Whiteside’s her 5 -a nd-a-ha lf-i nch graphite on paper work won ceramic blades in various the Contemporaries Award. configurations, including as both funny and another in this show, “Grass dark: The wonderVariation (Diagonal Mound),” weapon is an axe since 2013 — but to good propelled by feet results so far. (You can see more of and shoes stuck on the ends of a toy Holder’s ceramics, though very difwooden spoke, and various dangerous ferent works, at the Historic Arkansas things are attached to it: a pistol, a misMuseum, in its Trinity Gallery.) sile, a knife, a spider. One of Cassity’s Artists Kendall Stallings of Dallas favorite objects, the troll doll, rides and former Delta Award winner Robin the weapon.

Carlye Wolfe of Memphis won one Tucker of Little Rock challenge our perception of what is true with their of two Delta Awards with “Fall,” small hyper-realistic works; visitors can’t stainless steel cutouts of leaves and be blamed for wanting to touch the other plant and insect forms hung on nylon line from the ceiling; the shadmasking tape and its upturned edges in ows the cutouts cast on the wall add Stallings’ “Misplaced Identity” and the rope that binds the package in Tucker’s another dimension. The other Delta “Nothing Underneath.”

Award went to Paula Kovarik, whose The hyper-realistic surrealism Joan Miro-in-thread-like “Chaos” is (a contradiction in terms, but about one of the few abstract works in the right) of honorable-mention winner show; you may remember Novarik’s Daniel Mark Cassity makes another work “Pollinators” in last year’s Delta. appearance at the Delta, this time “Body: Flesh and Bone” by LaDawna with “The Wonderweapon.” Cassity, Whiteside, a former Grand Award winof Hot Springs, describes his works ner, was chosen by the Contemporaries

group for their award.

“Body: Flesh and Bone” is a monumental work of wide strips of paper on which Whiteside’s drawn perfect lines in graphite. The strips of paper undulate, pinned to the wall in such a way that they bulge and crisscross each other rather than lie flat.

Tim Tyler of Bella Vista won an honorable mention for his nighttime scene “The Trike,” but it is his “Liberty Supine” that you’ll come back to for second and third looks. It is another quasi-photorealistic painting, of a woman lying on her back on a table covered with the American flag. She is backlit, the light glowing through the gathers in the off-theshoulder gown that rides her breasts. The Bella Vista artist’s portrayal of light is stunning, and makes up for the too-perfect beauty of the woman.

Tommy Wallace of Conway won an honorable mention for his photograph of a work of photorealism in a funky country eatery, “Leslie Cafe,” in which a jarring, oversized Chuck Close-like drawing of a bearded guy hangs over the beadboard wainscoting and next to a vintage can of crackers.

There are some lovely figurative works in the show, like Little Rock Central High School art teacher Jason McCann’s “The American Student: Marshayla and the Drawing Class,” an honorable-mention winner with beautiful lines and an uncommon palette of vaguely complementary colors, and Little Rock native Wade Hampton’s painterly “The Blue Hat (self-portrait).”

Little Rock artist Baxter Knowlton’s brushstrokes in “Woman and Dog,” a large oil, define mussed sheets, the creases in the reclining woman’s clothes, her face, a la Alice Neel.

Darrell Berry of Little Rock provides a quiet, familiar and atmospheric oil, “Hopper, Arkansas Church,” in which a late afternoon light falls

ROCK CANDY

Check out the Times’ A&E blog arktimes.com

A&E NEWS LEADERSHIP AT BALLET Arkansas is changing hands. In a statement issued Monday morning, the company announced Michael Fothergill as new artistic director and Catherine Garratt Fothergill as new associate artistic director, both formerly of the Alabama Ballet.

The Fothergills replace Artistic Director Michael Bearden, who is leaving to become director of the School of Dance at the University of Oklahoma, and Laura Hood Babcock, who will be the new director of marketing, sales and communications for the Miami City Ballet.

AWARD WINNERS: “Grass Variation (Mown Path)”

by Clarksville artist Dawn Holder (above) won the Grand Award; “The American Student: Marshayla and the Drawing Class” by Jason McCann (far left) won an honorable mention; and “Fall” (left) by Carlyle Wolfe of Memphis won a Delta Award.

sharply on clapboard buildings under an unusual greenish sky.

It might have been fun if three large vertical works — Jeff Horton’s “Billboard No. 2,” Kellie Lehr’s “Embedded Possibilities” and Kevin Arnold’s “Last Party” — had been hung side by side. All three rely on the geometry of line for impact, but in different ways: Arnold in a trompe l’oeil composition of folded pieces of paper, Lehr in cutout-like shapes that appear to move, Horton in straight-edge architectural stripes.

We expect excellence from and are never disappointed by Little Rock artists David Bailin, represented in the show with “Halloween” (part of

his “The Erasings” series inspired by his father’s failing memories), and Aj Smith, whose huge graphite portrait of an African-American man “Endangered” is here.

So many notables. Little Rock artist Carl Napolitano’s ceramic “Maya,” an African-American figure engraved with words of warning not to go out at night; Frank Hamrick’s “Harder than writing a good haiku,” a tantalizing (because it’s tucked in an acrylic display case) handmade book of what appear to be photographs of scenes from Louisiana, where he teaches at LSU; Robin Horn’s carved redwood swirl “Kicker”; Bryon Clifton’s photograph of a lone man lunching under a

picture of Jesus in a Peruvian cafe (“Chirinos”); the chromogenic color prints in deep blue and Kelly green of North Little Rock photographer Heather Canterbury; the sterling silver necklace “Hairplug Sampler” by Greenfield, Mo., artist Lisa Hamilton.

This year’s show is another in a series of excellent Delta exhibitions, and ought to cement its reputation as a show in which regional artists want to be seen. In 2021, when the Arts Center’s gallery space will be transformed into a larger, more user-friendly cultural center, who knows how wide the Delta could reach.

The show runs through Aug. 27.

FROM ESSE PURSE Museum comes word that Sheridan native Christopher Belt took home three wins at the 11th annual Independent Handbag Designer Awards, held last Wednesday in New York City. “In grade school, Belt designed and sold handbags and shoes made from old soda cans,” a press release notes. “Growing up in rural Arkansas,” Belt said, “the women in my family gifted each other handbags. I found it was a way for women to communicate, even women who don’t agree upon much at all.” Belt, a Savannah College of Art & Design graduate, will donate two of the three winning prototypes (the third handbag design will be adapted for sale at Neiman Marcus) to ESSE, to be displayed at a special event this fall.

LIKE THE SOOKIE Stackhouse novels that inspired HBO’s “True Blood,” longtime Magnolia resident Charlaine Harris’ new novel series “Midnight Crossroad” is headed for network television. The first episode of “Midnight, Texas,” as it’s called, was screened for audiences at Austin’s ATX Festival Friday, June 9. The series features a psychic (Francois Arnaud), who, looking to hide out in a small town, discovers that the town is already an established hideaway for a host of people with supernatural powers. The monster diversity sounds a lot like that of “True Blood,” but writer/executive producer Monica Owusu-Breen assured ATX Fest audiences that “Midnight” is no copycat. “I think for me what makes ‘Midnight’ special is that it has this kind heart in the middle of it,” she said. “All these people who have never felt at home or who have been persecuted or have suffered have found a place [where] they’re accepted. That’s different from ‘True Blood.’ From first cold open that show was about desire and blood and body fluids.” NBC premieres the new thriller at 9 p.m. Monday, July 24.

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arktimes.com JUNE 22, 2017

21

MOVIE REVIEW

HOT WHEELS: Disney gets it better, if not right, the third time around in “Cars 3.”

Vroom (again)

Wilson), still running NASCAR-style races, still winning. Life is good! Then, almost overnight, a younger, sleeker racer named Jackson Storm (Armie Pixar’s ‘Cars 3’ gets a few things right.

Hammer) leads a new generation of super high-tech cars. The kids blow the older cars off the track one by one

BY SAM EIFLING until it’s just Lightning and a bunch of ime was, we wouldn’t be gradthese bro-y, telemetrics-obsessed new (alternate title: sprawling universe of ing Pixar movies on a curve. toys and video games and merchanrigs on the tracks. Going full-out in In the days of the “Toy Story” dise anchored by three features, some the final race of the season, he suffers a blowout, crashes spectacularly, and trilogy and snappy one-offs like “The made-for-TV shorts, and counting). limps home to a dark shed to contemIncredibles” and “Wall-E” — both OsIt low-key rolls out some of the most plate retirement. car winners, both marvelous — the convincing nature animation ever put bar for a Pixar movie was higher than to screen. It has exciting race scenes, Lightning got old! And don’t we any other two hours in a multiplex. dropping the camera into crevasses know it, once his racing team changes Soon after Disney bought the studio, and angles impossible to match in hands: Its new-school billionaire owner quality sagged. Five years after the real life. It’s not particularly funny or (Nathan Fillion) skittishly wants to put perfectly pleasant “Cars,” for instance, well-acted or musically memorable, but Lightning out to pasture to hawk oil we got 2011’s wait-what-seriously “Cars what the hey. It’s pretty and fast cars treatments and mud flaps and air fresh3.5” x 2.5” | Maximum Font Size: 30 pt go vroom. C’mon.

2,” which later gave way to a spinoff eners all bearing his likeness. (Hell in called “Planes,” because why the hell Your star “Cars” car again is the the “Cars” universe, presumably, is not, sure, those also come in cereal cocksure Lightning McQueen (Owen dying and crossing over into the real boxes. Aside from 2015’s surprise masterpiece “Inside Out,” the studio has been mostly flailing throughout this ®, ADPA®, KELLY CFP®, AAMS Kelly RJOURNEY, Journey, AAMS®, ADPA®, latest, um, decade. ®, CRPC® CRPS Knowing CRPC® So who’s ready to brave rows of jabFinancial Advisor bering 6-year-olds to sit through … wait our clients 10800 Financial Centre Pkwy Suite 270 for it … “Cars 3”? Well, you wouldn’t Little Rock, AR 72211 personally 501-455-5786 call this a return to form, exactly, but Kelly.journey@edwardjones.com www.edwardjones.com is what it does a few things right. It offers a satisfying conclusion to the “Cars” we do.

Member SIPC trilogy, if that’s in fact what we have

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JUNE 22, 2017

ARKANSAS TIMES

world as a “Cars” car.) Lightning gets one more shot to prove he can still race, on the condition that his young trainer, Cruz (Cristela Alonzo), be allowed to help whip him into shape.

What follows could’ve been every sports sequel you’ve ever seen. Instead, it veers more into “Creed” territory than a reprise of “Rocky 3,” and gives us a twist on the washed-up jock tale.

Director Brian Fee — making the leap from storyboard artist on the previous “Cars” films — manages to drill into the tensions of fading glory, dreams deferred and mortality all while pushing these gumball-shiny cars around dirt tracks that look like photographs of backwoods Tennessee.

The “Cars” universe has always been a strange one, in that it’s not really clear how anyone builds anything, or what happened to all the humans. (An internet rabbit hole for you: tracking down the answer of whether there was a “Cars” Hitler, given that there was apparently a World War II.) The more questions you ask, the dumber you’ll feel for enjoying it. The big questions for this (and any Pixar movie, maybe) are whether adults will dig it as much as kids will. Probably nah, is the answer.

But the margin is smaller than you’d think.

ALSO IN THE ARTS “The Pervert and the Pentecostal.” The Main Thing’s summer musical comedy. 8 p.m. Fri.Sat., through June 17. $24. The Joint Theater & Coffeehouse. 301 Main St., NLR. 501-3720205.

“Julius Caesar.” Arkansas Shakespeare Theatre’s retelling of the bard’s classic, performed with on-stage seating. 7:30 p.m. Fri., Reynolds Performance Hall, University of Central Arkansas, Conway. $25-$32. arkshakes.com/tickets.

501-450-3265.

“Annie.” The Weekend Theater’s production of the Tony Award-winning musical. 7:30 p.m.

Thu.-Sat., 2:30 p.m. Sun., through July 16. $16$20. 1001 W. 7th St. 501-374-3761.

“Motown: The Musical.” A touring production of the Berry Gordy story, revue-style. 7:30 p.m.

Wed.-Sat., 2 p.m. Sat., through June 24. $25$75. Robinson Center Performance Hall, 426 W. Markham St. 501-244-8800.

“Southern Crossroads.” Murry’s Dinner Playhouse presents the Depression-era revue.

7:30 p.m. Tue.-Sat., dinner at 6 p.m.; 12:45 p.m. and 6:45 p.m. Sun., dinner at 11 a.m. and 5:30 p.m., through July 8. $15-$37. 6323 Colonel Glenn Road. 501-562-3131.

“Godspell.” Arkansas Repertory Theater’s production of Stephen Schwartz’s musical, in collaboration with 2 Ring Circus. 7 p.m. Wed.Thu. and Sun., 8 p.m. Fri.-Sat., 2 p.m. Sat.-Sun., through June 25. $30-$65. 601 Main St. 501378-0405.

“Spring Awakening.” The Studio Theater’s production of Duncan Sheik’s Tony Awardwinning musical. 7:30 p.m. Thu.-Sat., 2:30 p.m.

Sun., through June 25. 320 W. 7th St. 501-3742615. $15-$25.

“Visible From Four States.” A drama from Barbara Hammond, staged as part of TheaterSquared’s Arkansas New Play Festival.

4:30 p.m. Sun., June 25. $5-$10. Walton Arts Center, Nadine Baum Studios, 505 W. Spring St., Fayetteville. 479-443-5600.

“Comet Town.” Rick Ehrstin’s dark comedy, staged as part of TheaterSquared’s Arkansas New Play Festival. 7:30 p.m. Sat., June 24. $5-$10. Walton Arts Center, Nadine Baum Studios, 505 W. Spring St., Fayetteville. 479443-5600.

“The Furies.” A new play from Pulitzer finalist Lisa D’Amour, staged as part of TheaterSquared’s Arkansas New Play Festival. 2 p.m. Sun., June 25. $5-$10. Walton Arts Center, Nadine Baum Studios, 505 W. Spring St., Fayetteville. 479-443-5600.

“We Swim, We Talk, We Go to War.” A new play from Mona Mansour, staged as part of TheaterSquared’s Arkansas New Play Festival.

3:30 p.m. Sat., June 24. $5-$10. Walton Arts Center, Nadine Baum Studios, 505 W. Spring St., Fayetteville. 479-443-5600.

CALL FOR ARTISTS

The Arkansas Arts Council is accepting applications from artists wishing to work with teachers and students in schools or after-school and summer programs. The deadline to apply to join the Arts in Education Artist Roster is July 7.

For more information, go to www.arkansasarts. org or call 501-324-9769.

FINE ART, HISTORY EXHIBITS MAJOR VENUES ARKANSAS ARTS CENTER, MacArthur Park: 59th annual “Delta Exhibition,” through Aug. 27; “56th Young Arkansas Artists Exhibition,” through July 23; “Drawing on History: National Drawing Invitational Retrospective,” works from the permanent collection, through Sept.

24. 9 a.m.-5 p.m. Tue.-Fri., 10 a.m.-5 p.m. Sat., 11 a.m.-5 p.m. Sun. 372-4000.

ARTS & SCIENCE CENTER FOR SOUTHEAST ARKANSAS, 701 S. Main St., Pine Bluff: “Color in Space: The Art of Justin Bryant,” through Sept. 9; “Rhythm, Rhymes and Young Artists of the Delta,” through July 8; “Resilience,” printmaking by Emma Amos, Vivian Browne, Camille Billops, Margaret Burroughs, Elizabeth Catlett, Barbara Jones-Hogu, Samella Lewis, and Rosalind Jeffries, through July 8. 10 a.m.-5 p.m. Tue.-Fri., 1-4 p.m. Sat. 870-536-3375.

BUTLER CENTER GALLERIES, Arkansas Studies Institute, 401 President Clinton Ave.: “Sammy Peters: Then and Now,” abstract paintings; “Historic Bridges of Arkansas,” photographs

by Maxine Payne; “The American Red Cross in Arkansas,” artifacts covering 100 years, through July 1; “The American Dream Deferred: Japanese American Incarceration in WWII Arkansas,” objects from the internment camps, Concordia Gallery, through June 24. 9 a.m.-6 p.m. Mon.-Sat. 320-5790.

CENTRAL HIGH SCHOOL MUSEUM VISITOR CENTER, Bates and Park: Exhibits on the 1957 desegregation of Central and the civil rights movement. 9 a.m.-4:30 p.m. daily.

374-1957.

CLINTON PRESIDENTIAL CENTER: “Xtreme Bugs,” animatronic insects, through July 23; permanent exhibits on the Clinton administration. 9 a.m.-5 p.m. Mon.-Sat., 1-5 p.m. Sun., $10 adults, $8 seniors, retired military and college students, $6 youth 6-17, free to active military and children under 6.

CRYSTAL BRIDGES MUSEUM OF AMERICAN ART, One Museum Way, Bentonville: “Chihuly: In the Gallery and in the Forest,” works by the glass artist Dale Chihuly, through Aug. 14, $20, ticket required (tickets.crystalbridges.org), “Roy Lichtenstein in Focus,” five large works, through July; American masterworks spanning four centuries in the permanent collection. 11 a.m.-6 p.m. Mon., Thu.; 11 a.m.-9 p.m. Wed., Fri.; 10 a.m.-6 p.m. Sat.-Sun., closed Tue. 479-418-5700.

ESSE PURSE MUSEUM & STORE, 1510 S. Main St.: “Take Your Purse With You: The Reimagined Work of Katherine Strause,” paintings, through Aug. 27; “What’s Inside: A Century of Women and Handbags,” permanent exhibit. 11 a.m.-4 p.m. Tue.-Sat., 11 a.m.-3 p.m.

Sun. $10, $8 for students, seniors and military.

916-9022.

FORT SMITH REGIONAL ART MUSEUM, 1601 Rogers Ave.: “Carlos Luna,” mixedmedia on wood, paintings and Jacquard tapestries, reception 5-7 p.m. June 22 ($5 nonmembers), show through Sept. 18; “K. Nelson Harper: Lasting Impressions,” art of the letterpress, through Sept. 3. 11 a.m.-6 p.m. Tue.-Sat., 1-5 p.m. Sun. 479-784-2787.

HISTORIC ARKANSAS MUSEUM, 200 E. 3rd St.: “Gordon and Wenonah Fay Holl: Collecting a Legacy,” through Feb. 4, 2018; “Traces Remain,” installation by Dawn Holder and works on paper by Melissa Cowper-Smith, through Aug. 6; “Portraits of Friends” by Dani Ives, through Aug. 6. Ticketed tours of renovated and replicated 19th century structures from original city, guided Monday and Tuesday on the hour, self-guided Wednesday through Sunday, $2.50 adults, $1 under 18, free to 65 and over. (Galleries free.) 9 a.m.-5 p.m. Mon.-Sat., 1-5 p.m. Sun. 324-9351.

MacARTHUR MUSEUM OF ARKANSAS MILITARY HISTORY, 503 E. 9th St. (MacArthur Park): “Work, Fight, Give: American Relief Posters of WWII,” through Aug. 16; “Waging Modern Warfare”; “Gen. Wesley Clark”; “Vietnam, America’s Conflict”; “Undaunted Courage, Proven Loyalty: Japanese American Soldiers in World War II. 9 a.m.-4 p.m. Mon.Sat., 1-4 p.m. Sun. 376-4602.

MOSAIC TEMPLARS CULTURAL CENTER, 9th and Broadway: “Not Forgotten: An Arkansas Family Album,” photographs by Nina Robinson; permanent exhibits on AfricanAmerican entrepreneurship in Arkansas. 9

a.m.-5 p.m. Tue.-Sat. 683-3593.

MUSEUM OF DISCOVERY, 500 President Clinton Ave.: “Human Plus,” low and high-tech tools that extend human abilities, through Sept. 10; also interactive science exhibits. 9 a.m.-5 p.m. Tue.-Sat., 1-5 p.m. Sun., $10 ages 13 and older, $8 ages 1-12, free to members and children under 1. 396-7050.

OLD STATE HOUSE MUSEUM, 300 W. Markham St.: “Cabinet of Curiosities: Treasures from the University of Arkansas Museum Collection”; “True Faith, True Light: The Devotional Art of Ed Stilley,” musical instruments, through 2017; “First Families: Mingling of Politics and Culture” permanent exhibit including first ladies’ gowns. 9 a.m.-5 p.m. Mon.-Sat., 1-5 p.m. Sun. 324-9685.

SOUTH ARKANSAS ARTS CENTER, 110 E. 5th St.: “Visual Duet — Art by Ann and Dan Thornhill,” “Colorful World — Art by Suzi

Dennis,” both through June 29. 9 a.m.-5 p.m. weekdays. 870-862-5474.

TOLTEC MOUNDS STATE PARK, U.S. Hwy. 165, England: Major prehistoric Indian site with visitors’ center and museum. 8 a.m.-5 p.m.

Mon.-Sat., noon-5 p.m. Sun., closed Mon. $4 for adults, $3 for ages 6-12, $14 for family. 9619442.

UNIVERSITY OF ARKANSAS AT LITTLE ROCK: “Nasty Woman,” work by 35 women artists from Arkansas and across the nation, including Heather Beckwith, Susan Chambers, Melissa Cowper-Smith, Norwood Creech, Beverly Buys, Nancy Dunaway, Margo Duvall, Melissa Gill, Mia Hall, Louise Halsey, Diane Harper, Tammy Harrington, Heidi Hogden, Robyn Horn, Jeanie Hursley, Catherine Kim, Kimberly Kwee and Jolie Livaudais, through Aug. 25, closing reception 5-7 p.m. Aug. 25.

Weekdays 10 a.m.-5 p.m. 569-8977.

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DESIGN BY KATHRINE FORSTER KUO

THEATRE

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TEACHING MOMENT: Baritone Joo Won Kang gives a concert at Lucy Lockett Cabe Festival Theater as part of Wildwood Park for the Arts’ summer music academy.

THURSDAY 6/22

JOO WON KANG

7:30 p.m. Wildwood Park for the Arts. $15.

Baritone Joo Won Kang sang the role of Sharpless in Wolf Trap Opera’s 2015 production of Puccini’s “Madama Butterfly,” a performance praised by The Washington Post as “wonderfully expressive.”

The South Korean singer’s made a name for himself as a recitalist and as a perfect fit for the role of Corrado in Donizetti’s tragic opera “Maria de Rudenz,” but Sharpless is a role Kang was able to see a little differently from his American and European peers. “Since I am not an American, I have a chance to offer a new interpretation. If Sharpless were an American of Japanese descent, I think he would have more sympathy for Butterfly since they would share an ethnic heritage. I am really thrilled to sing this role.” Kang’s wife and two children were on stage for that performance, too, as supernumeraries (opera-speak for “extras”) for the production. The last few years have been exciting ones for Kang, as he’s inched steadily and certainly toward a career as a Verdi baritone — “Rigoletto” is his dream role, he says — and he’ll bring that experience to bear during his concert for the students at Wildwood Park for the Arts’ summer music academy, Wildwood Academy of Music & The Arts (WAMA).

WAMA concerts are open to the public, so if you’re into hearing a world-class baritone in a setting as intimate as the Lucy Lockett Cabe Theatre, this isn’t a bad way to spend a Thursday night.

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JUNE 22, 2017

ARKANSAS TIMES

‘WOMAN TO WOMAN’: Esme Patterson returns to Little Rock for a show at the White Water Tavern on Thursday night, 9 p.m., $12.

THURSDAY 6/22

ESME PATTERSON

9 p.m. White Water Tavern. $12.

Here are a few helpful things to know about Esme Patterson: She can do a lot of rope-skipping tricks. She and her sister Genevieve used to be in this band called Paper Bird, a Colorado sextet that spun cottoncandy folk music from banjo, three-part harmony and some well-timed boot stomps and handclaps. (Think: Wildflower Revue, if they’d grown up in Denver or Portland instead of in the South. And had a trombone player.) Patterson left that band in 2014, and, despite being pretty new to the guitar, put out a couple of solo albums. One of them, “Woman to Woman,” was a set of answer songs: responses from women who had themselves been subjects of prominent songs written by men, like “Alison,” “Evan-

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geline,” “Eleanor Rigby.” Annoyed by the lyrics to Townes Van Zandt’s “Loretta,” she began crafting the other side of the story, imagining what The Kinks’ “Lola” might say to the “little boy” with her at the bar in North Soho: “You like the way I walk and I like how shy you are/If you press in closer I’ll tell you my name.” Patterson was in a video with Shakey Graves in 2014, singing a song they wrote together called “Dearly Departed” and, while it didn’t necessarily capture her badass-with-an-electric guitar capabilities, the clip went gangbusters and introduced a lot of people to her music through a side door. You can go right through the front entrance, though: Check out her latest, “We Were Wild,” and then go catch some of that fierceness Thursday night. Speaking of fierceness, Adam Faucett opens the show.

IN BRIEF

THURSDAY 6/22

FRIDAY 6/23

‘THE MARRIAGE OF FIGARO’

JOSHUA ASANTE

7:30 p.m. Inspiration Point Fine Arts Center, Eureka Springs. $10-$30.

FUSING ARTS AND ACTIVISM: Poet, designer and actor Crystal Mercer presents an evening of performance art at the White Water Tavern as part of her project, Columbus Creative.

Carroll County is an unlikely place for an opera training ground, sure, but what started as a summer music camp atop Eureka Springs’ scenic Inspiration Point in 1950 has been churning out pre-professional singers of note for most of its 66 seasons. Its 67th year is bringing the program’s women to the forefront: Offered alongside the slogan “three strong women, three powerful operas,” the company’s season presents Mozart’s “The Marriage of Figaro,” Bizet’s “Carmen” and Carlisle Floyd’s “Susannah,” opening with Mozart this Friday and closing with “Carmen” on July 21. See the full schedule or grab tickets at opera.org, and lest the eminent heat dissuade you, the outdoor amphitheater is equipped with heavy panels on the perimeter to cool its audience, orchestra and performers.

SATURDAY 6/24

LITTLE ROCK VEGAN FESTIVAL

Noon. Station 801, 801 S. Chester St. Free.

FRIDAY 6/23

AN EVENING WITH CRYSTAL MERCER

9 p.m. White Water Tavern. $10.

When Crystal Mercer emceed the Women’s March for Arkansas at the state Capitol on Jan. 21, she asked the crowd to join her in pledging the same oath the presidentelect had pledged a day earlier. “I do solemnly swear that I will faithfully execute my role as an American, and I will, to the best of my ability, preserve, protect and defend the Constitution of the United States,” adding, “We are here, and we are here to stay.” She’s known as a poet, designer (check out the cool custom-print pieces she does for her fabric market, SAFI) and an actor, but Mercer’s not one to compartmentalize her art from her

activism, which she comes by honestly. Mercer’s father was the legendary civil rights lawyer Christopher J. Mercer, who advised the families of the Little Rock Nine and others as the NAACP field secretary during the 1957 integration of Central High School. Echoing that legacy, she starred in “One Ninth,” Spirit Trickey’s onewoman show about Minnijean Brown-Trickey, and through her theater and performance art project, Columbus Creative Arts + Activism, she’s offering her own installment in a series she calls “An Evening With … .”

It allows artists like trumpeter Rodney Block, mezzo soprano Nisheedah Golden and guitarist/songwriter Joshua Asante to perform in small, intimate spaces — sometimes in Mercer’s living space; this time, at the White Water Tavern.

Look, vegan or no, we could all use a break from the ubiquitous invasion of bacon and bacon-adjacent jokes and merchandise (Gumballs. Dental floss. Toothpaste. Perfume.). Furthermore, people who have devoted their lives to studying food say that a plant-based diet is not only good for you, but a simple, meaningful way to impact the world around you: Since plants require a whole lot less energy to produce than most meat products we eat, we’re not likely taking the kind of toll on the environment when we grill a butternut squash that we do, say, when we throw on a New York strip.

(And, over time, that means contributing less to the bankroll that holds up the meat industry’s often-troublesome CAFOS — Concentrated Animal Feeding Operations. For some evocative background on the subject, see the documentary “Food Inc.” or read the slightly less sensationalistic book “The Omnivore’s Dilemma” by “Food Inc.” narrator Michael Pollan.) To celebrate the benefits of vegan eating — and maybe to create a space for debating the merits and demerits of soy-based meat substitutes — Viva Vegan and Vegan Dinner Club are throwing a festival for all things plant-based, featuring A Lively Brew, Hoodveganchic, Katmandu MOMO, Live Love Pure Natural, Philly Phresh Water Ice, Shambala Mobile Vegan Kitchen, Sprout Urban Farms Co., The Freckled Frog, The Veg and more. Festivities last until 4:30 p.m.

The Wildflower Revue teams up with Rex Nelson and Paul Austin of the “Chewing the Fat” podcast for the next Potluck & Poison Ivy, 7 p.m., $35.

If you miss that, head over to South on Main and catch Mark Bilyeu with The Wildflower Revue, 8 p.m., $10. Maxine’s in Hot Springs hosts a drag show, 9 p.m., $5. The Historic Arkansas Museum hosts Arkansas trivia at Stone’s Throw Brewing, 6:30 p.m., free. Ben Byers entertains for the happy hour at Cajun’s Wharf, 5:30 p.m., free, or come later for One Stone, 9 p.m., $5. Comedian Scott White brings his set to The Loony Bin, 7:30 p.m. Thu.-Sat., 10 p.m. Fri.-Sat., $8$12. The Human Together Choir hosts a “Singing Party” for the benefit of Just Communities Arkansas, 7 p.m., Hillcrest Hall, $10 suggested donation. Pianist Stuart Baer gives a free show at Dizzy’s Gypsy Bistro, 6 p.m.

FRIDAY 6/23 Rodney Block pays tribute to greats like Billy Ocean and Luther Vandross with “Original Kings of R&B,” 9 p.m., South on Main, $15. Jeff Coleman gives a solo show at Core Public House, 8 p.m., free. Katmandu takes the stage at Thirst N’ Howl, 8:30 p.m., $5. Dirtfoot blends stomp-box rock, banjo and trombone with a set at Maxine’s, with an opening set from Tulsa’s Joe Myside, $7.

For Godless Sake shares a bill with The Cunts, 8:30 p.m., $6. Ben & Adam play a set at Cajun’s for happy hour, 5:30 p.m., free, followed by Mother Hubbard, 9 p.m., $5. CosmOcean takes the stage at Kings Live Music in Conway, with an opening set from Brad Byrd, 8:30 p.m., $5. Pamela K. Ward & The Last Call Orchestra perform at Oaklawn’s Silks Bar & Grill, Hot Springs, 10 p.m. Fri.-Sat., free. The Buffalo River Elk Festival begins at the historic Courthouse Square in Jasper, 10 a.m. through 9 p.m. Fri.Sat., free. Tragikly White brings its party set to West End Smokehouse, 10 p.m., $7. Against the Grain plays a free show at Markham Street Grill and Pub, 8:30 p.m. Open Fields plays at Zaza Fine Salad + Wood Oven Pizza Co. in Conway, with an opening set from acoustic cello-guitar duo Alive Alive Giant, 10 p.m., free. MotherFunkShip, Tvveeds, Islands, Jake Hurley, Basic and Talking Liberties perform for Optica Initium III, 2 p.m., For Artists By Artists, 2006 S. Pine St., with an after-party at Afrodesia Performing Arts Studio, 9700 N. Rodney Parham Road, 9:30 p.m., $5-$10. Bluesdriven trio Greasy Tree lands at Four Quarter Bar, 10 p.m., $7.

SATURDAY 6/24 The House of Art hosts “Art Without Limits,” a live body-art painting project and concert, 8 p.m., $20. Rick Spring-

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arktimes.com JUNE 22, 2017

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SATURDAY 6/24

ROGER CLYNE AND THE PEACEMAKERS

If you’ve ever watched an episode of “King of the Hill,” or if you were anywhere near a radio in 1996, you’ve heard Roger Clyne. Clyne’s former band, The Refreshments, was responsible for “Yahoos and Triangles,” the opening theme for Mike Judge’s animated series, as they were for that infectious late-’90s hook “Banditos,” praised by the likes of Alice Cooper. “I heard it on the radio and I remember, there are certain songs that you turn up,” Cooper told USA Today.

“The first time I heard ‘My Sharona.’ You know, the first time you hear the Nirvana stuff. It was the same thing with this.”

Everybody else turned it up, too, and when Clyne and drummer Paul “P.H.” Naffah reformed as The Peacemakers, they added members from the Gin Blossoms, Railbenders and from fellow Tempe, Ariz., band Dead Hot Workshop, forming a sort of Southwest supergroup. A documentary telling that story, “Here’s To Life: The Story of the Refreshments,” dropped in March (and, appropriately, contains a seal of approval from “120 Minutes” host Matt Pinfield on its film poster: “Fun!”).

So, from the ashes of the scene characterized by bands like Stabbing Westward, Superdrag and Primitive Radio Gods comes Clyne’s growing tequila venture (“Mexican Moonshine,” it’s called) and “Native Heart,” Clyne and The Peacemakers’ June 9 release. The first single, “Flowerin’,” is an exercise in pop optimism, replacing some of Clyne’s tendencies toward mariachi and norteña music with sunny whistling, a singalong chorus and a brief reference to Wings’ “Silly Love Songs.”

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JUNE 22, 2017

ARKANSAS TIMES

ERIK LANG

8:30 p.m. Stickyz Rock ’n’ Roll Chicken Shack. $15.

‘AWAKE IS THE NEW SLEEP’: Australian singer-songwriter Ben Lee performs at Capitol View Studio Saturday, 9 p.m., $28.

SATURDAY 6/24

BEN LEE

9 p.m. Capitol View Studio. $28.

Ben Lee’s website welcomes you to his portfolio with the words of a true ayahuasca convert: “Thanks for stopping by to check out what I do. While all of the diverse things I am involved in might not seem connected at first, I assure you they are. In fact they are drawn together through a common purpose: to awaken myself and others to infinite possibility!” He sells essential oils with his wife, Ione Skye (remember her from “Say Anything?”); volunteers as a “death midwife” at a hospice center; and gives public lectures titled “Songwriting Towards

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Virtue” and “What Could the Future of Culture Look Like?” And now, the former Noise Addict frontman is taking a stand against President Trump’s it’s-not-a-travel-ban travel ban. Sales from his latest, “Ben Lee Sings: Songs About Islam for the Whole Family,” benefit the ACLU, and he says cheerful tunes like “La Ilaha Il Allah” were influenced by his desire to find commonality among religious backgrounds. “As a Jewish person,” he told The Guardian newspaper in March, “I never was drawn to the cultural bonding. My interest is the mysticism of each culture and a practical application of consciousness that each of the religions lay out. Even if we don’t use the

word God, there are different places in our psyches we can act from. If you look at the U.S. administration, it’s acting out [of] fear, aggression and intolerance — there is a decision we make about which part of ourselves to voice.” For this all-ages show, Capitol View Studio teamed up with Travis McElroy at Thick Syrup Records to bring Lee to Little Rock for a one-night-only show (read as: not part of a tour). His performance will be preceded by a set from Tiffany Lee, a Maumelle native whose polished debut EP, “Jailbird,” showcases Lee’s alternately haunting and sultry voice, somewhere in the territory between Cocteau Twins and Joss Stone.

IN BRIEF

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A trio version of string band Runaway Planet brings bluegrass to the White Water Tavern for an early, all-ages Sunday show, 6 p.m. Meanwhile, McAllen’s Sons of Texas prove that Texas music is more than country, 8 p.m., Stickyz Rock ’n’ Roll Chicken Shack, $10. Creative Connection, Soulcom Collective and the Alzheimer’s Association host “Sunday Soulstice: Art for Alzheimer’s,” a concert and live public painting project, 11 a.m., donations.

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Country superstar Sammy Kershaw released an album in 1996 called “Politics, Religion and Her.” The chorus goes like this: “Let’s talk about NASCARs/Old Hollywood movie stars/ Let’s talk about anything/Anything in this world/But politics, religion and her/Politics can start a fight/Religion’s hard to know who’s right/And one more topic I won’t touch/That one’s her — it hurts too much.” I guess he changed his mind, at least about the politics part; Kershaw later declared himself as “pro-life, pro-marriage and pro-gun

and proud of it,” and ran as a Republican for lieutenant governor of Louisiana in 2007, losing to Democratic incumbent Mitch Landrieu (now the mayor of New Orleans). Later, he’d combine his music with his political ambitions, stopping at Piggly Wigglys all over Louisiana on his “Real People of Louisiana Hayride” tour.

Kershaw’s stop in the newly resurrected Delta town of Wilson will almost assuredly be a little more laid back, given the names of some of his latest tunes — “Grillin’ and Chillin’,” “I Can’t Wait to Waste a Little Time” and “Let’s Lay Here Forever” – but who knows? The new album is, after all, called “I Won’t Back Down.”

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SAMMY KERSHAW

8 p.m. The Delta School, Wilson. $75.

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SATURDAY 6/24

field is the next performer in the summer PRINT series at Magic Springs Theme & Water Park’s Timberwood Amphitheater, 8 p.m., $48-$65. Joey Farr’s Fuggins Wheat Band celebrates the release of a new album, “Looking Out for Dry Land,” at Four Quarter Bar with Vanimal Kingdom and Davin Steadman, 8 p.m., $10. Foul Play Cabaret burlesque troupe takes over Maxine’s, 9 p.m., $10-$15. The Bree Ogden Band performs at Rodney’s Handlebar & Grill, 7 p.m. Brian Nahlen gives a solo show at Core Public House, 8 p.m., free. All Is at an End, Crankbait, Epoch of Unlight and Izuna share a heavy show at Vino’s, 8 p.m., $7. Daniel Bennett plays a free show at Ya Ya’s Euro Bistro, 6 p.m. Greg Madden performs at Cajun’s for happy hour, 5:30 p.m., free, and later, Rustenhaven takes the stage, 9 p.m., $5. Billy Jones Bluez performs at Kings Live Music, with an opening set from Edward Briggler, 8:30 p.m., $5.

One Way Road performs at The Oyster Bar, 7 p.m., $5.

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MONDAY 6/26 KASU-FM’s Bluegrass Monday concert series features the Michael and Jennifer McLain Band, 7 p.m., Collins Theatre, downtown Paragould, $5 suggested donation.

BARRELHOUSE PUNK: New Orleans transplant Stephanie Nilles brings her raucous and often R-rated piano tunes to Hot Springs for a free Sunday show at Maxine’s.

SUNDAY 6/25

STEPHANIE NILLES

8 p.m. Maxine’s, Hot Springs. Free.

Sabbath show or no, I don’t suspect Stephanie Nilles will do much toning down of her cover of Jelly Roll Morton’s “Dirty Dozen,” which is probably the foulest thing written in the year 1907. More likely, she’ll do with it what she’s been doing in bars and at jazz festivals the world over: giving it the barrelhouse boogie treatment, fingers flying.

The Chicago native and New Orleans resident has self-released five albums — including one titled “Uncle Stepha-

nie’s Murder Ballads For Kids!” — and, as her bio notes, has “sung with Bobby McFerrin in Carnegie Hall, directed the musical program of a Brooklyn burlesque series” and “covered Busta Rhymes’ ‘Break Ya Neck’ in the skeletal remains of a bombed-out cathedral in Nuremberg.” Pianos aren’t known for being good travelers, so unless they wheel a baby grand up the steps at Maxine’s, Nilles will perform on keyboard, but she’ll undoubtedly still bang out diminished fifths on it like she’s Albert Ammons on a rickety old Wegman.

TUESDAY 6/27 Jamie Lou & The Hullaballoo take tunes from the band’s latest, “Femi-Socialite,” to the White Water Tavern, with Tvveeds, 9 p.m. Science Cafe’s next public forum focuses on “Cyber Warfare,” 7 p.m., Hibernia Irish Tavern, free. The Ron Robinson Theater hosts a screening of “Invisible Ghost” for its Terror Tuesday series, 6 p.m., $2. Big Papa Binns gives a free show at Dizzy’s Gypsy Bistro, 6 p.m.

WEDNESDAY 6/28 The Babes of Burlesque tantalize at Stickyz, 9 p.m., $10. A screening of “Creed,” a spinoff of the “Rocky” film series, screens for Movies in the Park at the First Security Amphitheater, sunset, free.

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arktimes.com JUNE 22, 2017

27

Dining WHAT’S COOKIN’

FINALLY, MIDTOWN BILLIARDS, closed last September by a fire, is restored and will come alive with the sound of tossed bottles and clinking balls and merriment when it reopens June 30. A grand opening that day will begin a little early — 3 p.m. — for Midtown regulars, night owls more used to a 3 a.m. refreshment. But expect a big crowd, especially since grand openers will be issued “commemorative Sharpie” pens so they can “mark their territory,” as owner Maggie Hinson put it, by writing on the walls.

The graffiti will help return the shiny new Midtown, 1316 Main St., to its former well-worn, well-loved look. Tickets are $20 for the 3 p.m. to 8 p.m. crowd, $25 for the 8 p.m. to 5 a.m. folks. Buy tickets at centralarkansastickets.com.

SOUTHERN COMFORT RESTAURANT The Dive has opened at 305 E. Oak St. in Conway in a former Kentucky Fried Chicken space. The Dive features in-house smoked meats — including brisket, turkey and hot wings — both in sandwich form and on platters, and serves its sides in jam jars. An item on the menu you won’t find elsewhere: the Sweet Tea Fried Chicken Sandwich, with fried onions on top of the chicken. You’ll find local brews here, too. Hours are 11 a.m. to 9 p.m. Monday through Thursday, 11 a.m. to 10 p.m. Friday and Saturday.

DOUGHNUTS WITH M&MS on top.

Doughnuts with Oreos on top.

The Maple Bacon doughnut. The Cosmic Brownie.

Pink Lemonade doughnuts, Fruity Pebble doughnuts. There’s even one called Jesu’s.

Available “25 hours a day, 8 days a week.” That’s Hurts Donuts, a Missouri chain known for its oversized rings of iced and fried dough, opened June 7 across from Baum Stadium in Fayetteville (1641 W. 15th St.). Hurts draws a crowd: On opening day, people camped outside for hours to get in the door at 5 a.m., according to 40/29 News, and Hurts sold 13,000 donuts at the event. Last Saturday, the wait for a doughnut was 50 minutes at 8:51 p.m. That’s an improvement over the 90-minute wait Friday morning.

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JUNE 22, 2017

ARKANSAS TIMES

NEW ORLEANS BBQ SHRIMP: Will transport you to the city that care forgot.

Cheers!

A different approach to the Heights stalwart.

W

e don’t get to Cheers in the Heights as often as we should. It is one of the best, most enduring restaurants in town, thanks to the fine overall experience Samantha and Chris Tanner have consistently offered over the 15-plus years they’ve owned the place.

It’s just that we spend a ton of time at the Tanners’ other place — Samantha’s Tap Room and Wood Grill, which they opened two and a half years ago on Main Street. And it’s a three-block walk from our condo while Cheers is a 4.5-mile drive. Not that Samantha’s and Cheers offer the same food or the same vibe, but they both pretty well guarantee a really great time, whether you’re there for lunch, happy hour or dinner.

But we do get Cheers hankerings, and when one struck on a recent Friday night, we headed west. Our tim-

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ing was perfect as a table cleared just as we walked up. We quickly zeroed in on the seafood-focused dishes that dominate the appetizers section of the menu and realized we could easily create two meals right there. Heck, we even brought home leftovers.

Our five apps-as-dinner choices: Smoked Salmon Dip ($8.50). We’re not huge salmon fans, but we love this dish because it’s not very fishy. Served cold, it’s extremely smoky and prettied up with a bit of chives. It’s a bountiful portion served with more than enough sesame crackers.

Fried Oysters Remoulade ($9.50).

If we could put red flashing lights on printed prose, this is the first place we’d hang them. We were thrilled with the full dozen smallish oysters, fried crispy but not overcooked and lightly drizzled with remoulade. These are now contenders with the oysters at

Maddie’s Place for our favorites in town.

New Orleans BBQ Shrimp ($12).

More flashing lights, please! The taste and presentation of these eight tender, meaty shrimp take us back to fun meals at Mister B’s Bistro in New Orleans, only on an appetizer-sized scale and with no bib. The oily sauce with plenty of red pepper, not tomato-based sauce, is what makes these “barbecue,” and we appreciated the chewy bread for dipping.

Crab Cakes ($9.50). As the price tells you, these two small cakes aren’t of the “lump” variety, but they still have a very acceptable meat-to-filler ratio.

The chipotle lime aioli provides a pleasing citrus brightness.

Crab Claws ($17). This is the one we won’t get next time. There are lots of slender claws that have been peeled back so you can just bite down with your front teeth, pull the claw back out of your mouth and enjoy what’s left. At least in theory. The formula worked on the larger claws, but the smaller ones were stubborn, and extra biting only left us with a combo of meat and shell.

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Cheers in the Heights

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Quick bite (sip) Cheers’ co-owner Chris Tanner is a former wholesale wine salesman, and his connections and knowledge pay off for Cheersgoers — not just with decent prices, but with the chance to order wines not widely available on local restaurant menus. Two from our last trip — Flowers pinot noir and Cakebread chardonnay. And you can get them by the glass, not just by the bottle.

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And the taste wasn’t that distinctive from the BBQ shrimp.

We would have been happy to have continued our seafood theme when it came to dessert, but there was no lobster crème brulee or scallop sorbet to be found. So we opted for Pat’s Homemade Carrot Cake ($4.50) and Warm Chocolate Cobbler with Ice

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Cream ($6.50).

Pat, we learned, created this cake in the earliest days of Cheers, which equates to almost 40 years ago. Its distinctive feature is the almost liquefied cream cheese icing, which would make a pretty fine dessert even without the moist cake that hides beneath it.

The warm chocolate cake with ice cream has become such a common offering that we usually steer clear.

But this one shines above those others — really gooey cake with real whipped cream are keys to its wonderfulness.

To understand the vibe at Cheers, remember “in the Heights” is part of its name. It’s a classic neighborhood bistro, a really small space that’s been about doubled through the long-ago addition of an outside covered patio space seating. It’s in a vintage Heights building with brick walls and an old tin ceiling. Gray wall paint unifies the space, and Tracee Gentry Matthews’ colorful paintings, all for sale, liven up the place. It’s homey, and clearly is a regulars’ sort of place — though still welcoming to a couple of downtown interlopers.

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arktimes.com JUNE 22, 2017

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IN THE CIRCUIT COURT OF OUACHITA COUNTY, ARKANSAS SIXTH DIVISION NELLIE LAMB, ET. AL. On Behalf Of Herself And All Others Similarly Situated PLAINTIFFS VS. GGNSC ARKADELPHIA, LLC, et. al.

DEFENDANTS Case No.: CV-2011-121-6 NOTICE OF SETTLEMENT This is not a lawsuit against you. You are not being sued. This is a notice of a Settlement of a proposed class action against Golden Living nursing homes in Arkansas.

The Circuit Court of Ouachita County, Arkansas authorized this notice.

If you or a family member was a resident at a GOLDEN LIVING NURSING FACILITY IN ARKADELPHIA, CAMDEN, CROSSETT, EL DORADO, HARRISON, HEBER SPRINGS, HILLTOP, HOT SPRINGS, MCGEHEE, MONTICELLO, NORTH LITTLE ROCK, OR ROGERS (“Golden Living Nursing Homes”) AT ANY TIME FROM DECEMBER 2006 THROUGH JULY 1, 2009 (“Class Period”), you may be eligible for a cash payment from a class action settlement.

READ THIS NOTICE CAREFULLY. YOUR RIGHTS TO A MONETARY AWARD WILL BE AFFECTED WHETHER YOU ACT OR NOT. Your rights and options—and the deadlines to exercise them—are explained in this notice.

SETTLEMENT DETAILS WHAT IS THIS NOTICE ABOUT? This Notice explains a proposed Settlement of a class action lawsuit and all of your options before the Court decides whether to approve the settlement. If the Court approves it and after objections and appeals are resolved, the Claims Administrator appointed by the Court will make the payments that the settlement allows.

This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

WHAT IS A CLASS ACTION LAWSUIT? A class action is a lawsuit in which one or more individuals sue an individual(s), company or other entity on behalf of all other people who are allegedly in a similar position. Collectively, these people are referred to as a “Class” or “Class Members.”

In a class action, the court resolves certain legal issues, legal claims and defenses for all class members in one lawsuit, except for those who ask to be excluded from the class. (See below for more information about excluding yourself from the Class.)

WHAT IS THIS CASE ABOUT? Plaintiffs allege that Golden Living chronically understaffed its Arkansas nursing homes in violation of the Residents’ statutory and contractual rights. Specifically, Plaintiffs allege that the chronic understaffing of the Golden Living Nursing Homes violated the Arkansas Deceptive Trade Practices Act, the Residents’ Rights Act and breached the admission agreement between the Residents and the nursing homes. Defendants deny Plaintiffs’ allegations.

Based on the information available to both sides, and the risks involved in a trial, both sides have concluded that the proposed Settlement is fair, reasonable, and adequate, 30

JUNE 22, 2017

ARKANSAS TIMES

and that it serves the best interests of all parties involved.

WHO ARE THE PARTIES IN THIS CLASS ACTION? Nellie Lamb and forty-three other persons are the Class Representatives and filed this lawsuit as a class action to assert their own individual claims and similar claims on behalf of approximately 3400 residents of Golden Living Nursing Homes in Arkansas during the Class Period. The defendants are GGNSC Arkadelphia, LLC d/b/a Golden Living Center Arkadelphia; GGNSC Camden, LLC d/b/a Golden Living Center-Camden; GGNSC Crossett, LLC d/b/a Golden Living Center-Crossett; GGNSC El Dorado III, LLC d/b/a Golden Living Center-El Dorado; GGNSC Harrison II, LLC d/b/a Golden Living Center-Harrison; GGNSC Heber Springs, LLC d/b/a Golden Living Center-Heber Springs; GGNSC Hilltop, LLC d/b/a Golden Living Center-Hilltop; GGNSC Hot Springs, LLC d/b/a Golden Living Center- Park Avenue; GGNSC Mcgehee, LLC d/b/a Golden Living CenterMcgehee; GGNSC Monticello, LLC d/b/a Golden Living Center-Monticello; GGNSC North Little Rock, LLC d/b/a Golden Living Center-North Little Rock; GGNSC Rogers, LLC d/b/a Golden Living CenterRogers; Golden Gate National Senior Care, LLC; GGNSC Holdings, LLC; GGNSC Administrative Services, LLC; GGNSC Clinical Services, LLC; Golden Gate Ancillary, LLC; GGNSC Equity Holdings, LLC; Leslie Campbell; Cindy Susienka; James Avery; Andrea Clark; Julianne Williams; David Stordy; Larry Mcfadden; Angela Marlar; Billie Palculict; Sybil Adams; Troy Morris; Avie Singleton; Tracey Burlison; Mincie Thomas; Tommy Johnston; John Mcpherson; Laurie Herron; Margaret Green; Norean Bailey; Marsha Parker; and Lisa Hensley, (collectively, “Golden Living”). The lawsuit is pending in the Circuit Court of Ouachita County, Arkansas.

AM I A MEMBER OF THE SETTLEMENT CLASS? The Settlement Class consists of all Residents or Estates of Residents who resided at any of the above Golden Living Nursing Homes in Arkansas at any time from December 2006 through July 1, 2009. If you are a family member of a Resident who is deceased, please read this Notice carefully as you may be entitled to the benefits of this settlement as a beneficiary of the Resident’s estate.

W H AT COMPENSATION OR BENEFITS WILL THE SETTLEMENT PROVIDE? Golden Living agreed to create a Common Fund of over $48 million. The Settlement, if finally approved by the Court, provides that the Common Fund will be used to pay the Resident or the Resident’s Estate $55.00 for each day each Resident stayed at a Golden Living Nursing Home during the Class Period (“Subject Day”), less a pro-rata share of settlement administration expenses, Class Counsels’ litigation expenses and the Class Representative Fees. Golden Living’s records indicate that you or your family member were a resident in a Golden Living Nursing Home during the Class Period.

Cash payments will be made to class members after the Court gives final approval to the proposed settlement and the final approval is no longer subject to appeal.

WHAT DO YOU HAVE TO DO TO RECEIVE COMPENSATION OR BENEFITS FROM THE SETTLEMENT? You must timely submit a Status and Benefit Form. Go to www.lambvGGNSC.com or contact the settlement administrator to obtain a Status and Benefit form. This form is necessary for the Settlement Administrator to determine who should receive the settlement benefit. If the Resident is living, the benefit will be made payable to the Resident. However, if the Resident is deceased, the benefit will be disbursed to either (1) the Resident’s Estate upon presentment of evidence that an Estate exists (i.e. Letters Testamentary, Probate Court Order Appointing a Personal Representative, Executor or Administrator etc.) or (2) one or more of the Resident’s heirs or distributees who are the subject of an Affidavit regarding small estates filed

pursuant to Arkansas statute (28-41-101).

If a Resident is deceased, the Status and Benefit Form should be submitted with proof that an estate exists or with a file marked copy of an Affidavit filed pursuant to A.C.A. Sec. 28-41-101.

To be timely, Claim Status and Benefit Forms must be postmarked by October 16, 2017.

WHAT ARE YOUR OPTIONS? If you or a family member were a Resident at a Golden Living Nursing Home in Arkansas during the Class Period, you will have the following options: •file a Status and Benefit Form; •do nothing, thereby foregoing the possibility of receiving any money or relief pursuant to the Settlement; •stay in the Settlement Class and file a timely Objection if you disagree with any part of the Settlement, including the request for attorneys’ fees or expenses or the class representative payments; or •exclude yourself from the Settlement Class, which means you will not participate in any of the financial benefits from the Settlement, will not be bound by the releases made or judgment entered in connection with the Settlement, and will not be permitted to object to any part of the Settlement.

The following sections explain the consequences of pursuing each option.

WHAT HAPPENS IF YOU FILE A CLAIM? If you are a Settlement Class Member and you timely complete and submit a Status and Benefit Form, and if the Status and Benefit Form is approved, you will receive the relief described above once the Settlement has become Final. To be timely, the Status and Benefit Form must be postmarked by October 16, 2017.

Unless you submit a Request for Exclusion as discussed below, you will be prohibited from bringing a lawsuit against Golden Living based on or related to the claims asserted in the lawsuit. A copy of the lawsuit can be obtained by going to www.

LambvGGNSC.com.

The Status and Benefit Form provides direction as to how the Form should be filled out.

If you file a Status and Benefit Form, attorneys for the class will act as your Class Settlement representatives while your benefit is processed, at no cost to you. Attorneys for the class will not represent you regarding Estate or Affidavit matters.

You do not need to attend the fairness hearing in order to participate in the settlement.

WHAT HAPPENS IF YOU DO NOT SUBMIT A CLAIM? Under the terms of the Settlement, if you do not submit a Status and Benefit Form, you will not receive a check. If the Court approves the Settlement, and if you do not submit a Status and Benefit Form, you nevertheless will be bound by the Settlement, including the release of your claims against Golden Living, unless you submit a Request for Exclusion.

HOW DO I FILE AN OBJECTION? If you disagree with any part of the Settlement, you may file an objection with the Court. You will still be in the settlement, you will remain a Class Member, and will be eligible to receive benefits if the settlement is approved and you timely submit a qualifying Status and Benefit Form. Even if you object, you must return a Status and Benefit Form to be eligible to receive a cash payment.

If you want to object, you must submit your objection in writing to the Court. Your objection must include: 1. Your name, address, and telephone number; 2. Your signature; 3. The reasons why you object; 4. The case name and number of this lawsuit, which is Lamb v. GGNSC Arkadelphia, LLC, CV-2011-121-6; 5. Identify any other cases where you have filed an objection to a proposed class action

settlement; 6. If you are represented by a lawyer, the name, address and telephone number of that lawyer; and 7. Whether you intend to appear and argue your objection at the Final Approval Hearing.

You must file your written objection with the Court no later than July 31, 2017 at Circuit Court Clerk of Ouachita County, 145 Jefferson Street SW, Camden, Arkansas. You must also send a copy of your objection to Lead Class Counsel and Lead Defendants’ Counsel at: David Marks Marks, Balette, Giessel & Young, P.C. 7521 Westview Drive Houston, Texas 77055 A. Bradley Bodamer Shook Hardy & Bacon LLP 2555 Grand Blvd.

Kansas City, MO 64108 All objections must be received by the attorneys for the parties and by the Court

by July 31, 2017 or your objection will not be considered.

HOW DO I EXCLUDE MYSELF FROM THE CLASS? You can exclude yourself from the Settlement Class, which means you will not participate in any aspect of the Settlement and you may pursue your own claims, if any, at your own expense against Golden Living or the Released Parties. To exclude yourself, you must submit your request to be excluded in writing to: Lamb v GGNSC Settlement Administrator – 5695 P.O. Box 2599 Faribault, MN 55021-9599 (866) 801-0474 Your request must be signed, include your name, address, and telephone number, and clearly state that you wish to be excluded from the class. Your request must be postmarked by July 31, 2017.

W HEN WILL THE COURT CONDUCT THE FINAL APPROVAL HEARING? On September 15, 2017, the Court will conduct a public Final Approval hearing in the Circuit Court of Ouachita County, Arkansas, 145 Jefferson Street SW, Camden, Arkansas to determine whether to approve the proposed Settlement, and determine the amount of fees and expenses to be awarded to the attorneys for plaintiffs and the class and payment to the class representatives.

Although not anticipated, the Court may postpone the date of the Final Approval hearing. If available, notice of any such postponement will be posted on the settlement website at www.LambvGGNSC.com.

Although the hearing will be open to the public, you will not be permitted to speak at the hearing unless you have filed a timely objection as described above and stated your intention in your filed objection that you intend to address the Court.

WHAT IS THE EFFECT OF COURT APPROVAL OF THE SETTLEMENT AND WHAT CLAIMS AGAINST GOLDEN LIVING ARE BEING RELEASED? If the Court approves the Settlement at the Final Fairness hearing, and you have not filed an objection or excluded yourself from the class as described herein, any claims that you, your heirs, successors and assigns might have against Golden Living will be fully and completely released with respect to any and all claims and damages resulting from or based on the acts or omissions alleged in the Complaint, including without

lawyers for the Class. The class representatives and Class Counsel will act as your representatives for this settlement if you do not exclude yourself from the Class. However, Class Counsel will not represent you regarding Estate or Affidavit matters.

The Court has appointed several law firms to represent you, including: H. Gregory Campbell Campbell Law Firm P.A. One Information Way, Ste. 110 Little Rock, AR 72202 Brain Reddick Reddick Moss, PLLC One Information Way, Ste. 105 Little Rock, AR 72202 Gene Ludwig Ludwig Law Firm, PLC 1 Three Rivers Drive Little Rock, AR 72223 David Marks Marks, Balette, Giessel & Young, P.C. 7521 Westview Drive Houston, Texas 77055 WILL I HAVE TO PAY THE LAWYERS? No. You will not be responsible for any additional costs or attorneys’ fees incurred in this Lawsuit. If the Court approves the proposed settlement, the attorneys for plaintiffs and the class will submit to the Court for approval a request for attorneys’ fees not to exceed 40% of the Common Fund to be paid by Golden Living and expenses not to exceed $4,300,000. The Court will determine the amount of any fees and expenses awarded to class counsel. The amount of money that any individual class member may receive will not depend upon or be reduced by the amount of fees awarded to counsel or the number of Status and Benefit Forms submitted.

HOW MUCH WILL THE INDIVIDUALS WHO PURSUED THIS LAWSUIT ON BEHALF OF THE CLASS RECEIVE IN ADDITION TO THE BENEFITS PROVIDED TO OTHER MEMBERS OF THE CLASS? The 44 named class representatives will ask the Court to award him or her up to $5,000.00 as payment for acting as class representative and for his or her effort and time expended in this litigation. The Court will determine the amount of any such incentive award, which will be paid from the Common Fund.

WHERE CAN YOU GET ADDITIONAL INFORMATION? This notice provides only a summary of matters regarding the lawsuit. The documents, Settlement Agreement, and orders in this case provide greater detail and may clarify matters that are described generally in this notice. Copies of the Settlement Agreement, other documents, court orders, and other information related to the lawsuit may be examined at the settlement website: www.LambvGGNSC.com. Capitalized terms used in this notice have the meanings as defined in the Settlement Agreement.

In case of conflict between the Settlement Agreement and this notice, the Settlement Agreement controls.

You may also examine the Settlement Agreement, the court orders and the other papers filed in the Action at the Office of the Clerk of the Circuit Court of Ouachita County, 145 Jefferson Street SW, Camden, Arkansas, during regular business hours.

If you wish, you may seek the advice and guidance of your own attorney, at your own expense.

limitation all claims for damages for breach of contract, violation of the Arkansas Deceptive Trade Practices Act or violation of the Residents’ Rights Act as alleged in the Complaint. (“Released Claims”)

PLEASE DO NOT CONTACT THE COURT OR ATTORNEYS FOR GOLDEN LIVING, OR ANY GOLDEN LIVING REPRESENTATIVE FOR INFORMATION.

However, the Released Claims do not include individual claims for personal physical bodily injury or wrongful death and resulting medical expenses and pain and suffering that may exist under any other cause of action.

Dated: May 17, 2017 By order of the Circuit Court of Ouachita County, Arkansas.

Judge David Guthrie, Circuit Judge

WHO REPRESENTS ME? The Court has appointed the Plaintiffs as class representatives. Class Counsel are the

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