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Despite being turned down a second time by the Eureka Springs Planning Commission for a Conditional Use Permit to sell guns, Keeling Grubb said his fight to run a legal firearms business in the city is far from over.
On Monday, June 17, Grubb’s attorney, Whitfield Hyman, filed notice that he intends to appeal to the Arkansas Supreme Court regarding a May 16 ruling by Carroll County Circuit Judge Scott Jackson that upheld the planning commission’s first vote to deny the CUP, as well as the Eureka Springs City Council’s rejection of Grubb’s appeal of that vote.
The planning commission’s first vote on Grubb’s CUP request resulted in a 3-3 vote on May 23, 2023 — with four votes needed for approval. The city council then voted 4-2 against Grubb’s appeal on June 12, 2023.
In announcing his ruling at the May 16 hearing, Jackson suggested that Grubb reapply for the needed CUP to sell firearms at his business, Eureka Gun & Pawn, located at 3022 East Van Buren.
Grubb did just that, and at its regular meeting Tuesday, June 11, a short-handed planning commission, with two vacant seats, voted 3-2 in favor of granting the CUP. However, a section of Eureka Springs Municipal Code mandates that four votes are required.
In addition to the legal appeal of Jackson’s ruling, Grubb said Wednesday, June 19, that he also intends to appeal the planning commission’s most recent decision to the city council. While Grubb’s first application for a CUP said he wanted to operate a pawn shop in addition to selling firearms, his most recent request did not include operating a pawn shop.
Whatever path results in Grubb’s CUP request being approved, he said he just wants what he believes is “Constitutionally right.”
“I feel like as soon as we get outside of kangaroo court here we will end up with a license,” Grubb told the Eureka Springs Times-Echo, sister publication to the Carroll County News, on Wednesday, June 19. “I hate that because it could be devastating to the city. We’ve lost a lot of money over the last year, millions of dollars, and the city of Eureka doesn’t have it.”
Hyman filed an amended complaint in Carroll County Circuit Court on June 10 regarding the first CUP application, writing that Grubb’s “clearly established civil rights were violated and the City illegally as well as arbitrarily and capriciously violated his rights to operate a gun and pawn shop.”
NATIONAL ATTENTION Grubb’s ongoing dispute with the city has gained the attention of state and national gunrights groups.
A Facebook post by Gun Owners of Arkansas on Wednesday, June 12, voiced displeasure at the vote by the planning commission and called Eureka Springs a “unique liberal stronghold.”
“GO-AR will be in touch with the City and make them aware of our displeasure with the city denying Mr. Keeling Grubb his right to operate a legal, constitutional protected business and hopefully address this issue, however if they are so entrenched in denying this permit GO-AR is prepared to escalate action on an ongoing basis until this issue is resolved.
“We’ll be happy to bring them the attention they deserve. Don’t tread on us.”
According to another post on the organization’s Facebook page on Thursday, June 13, a letter was written to Berry and members of the city council regarding the planning commission’s vote.
“I am writing to express my deep disappointment, on behalf of Gun Owners of Arkansas, in response to the Planning meeting’s decision to deny a business permit to Mr. Keeling Grubb, a licensed firearms dealer,” wrote Gary Epperson, president of the organization, according to the Facebook post. “It is perplexing that the City of Eureka Springs would restrict a legitimate entrepreneur from operating within the city limits, which will undoubtedly have consequences.
“The fear and misconceptions surrounding firearms, often rooted in ignorance, can be alleviated through education and exposure. It is essential to normalize the responsible ownership and carrying of firearms, as practiced by law-abiding citizens.
“In light of this decision, we intend to organize open carry walks, featuring long guns, strategically scheduled to coincide with Eureka Springs’ busiest periods. These events will recur periodically until the Courts intervene on Mr. Grubb’s behalf or the City of Eureka Springs reconsiders its stance and acknowledges the legitimacy of a firearm store.
“We urge the City Council to take corrective action and override the Planning Commission’s biased decision, allowing us to resume our daily lives without unnecessary drama and controversy.”
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