Tort Reform – Family Council

Lawsuit Shows Tort Reform Would Make It Harder to Punish Sex-Trafficking in Arkansas

Sep 19, 2022Jerry CoxTort ReformTort Reform

In the summer of 2014 a 14 year old girl was taken to the Economy Inn in Springdale, Arkansas. Over the next three years she was sexually assaulted, abused, and exposed to drug use as a victim of sex trafficking at the motel. According to court documents, the motel management knew she was being trafficked. If police came around the motel, management would advise the traffickers to move the girl to the Royal Inn down the street. The traffickers paid in cash, and the cleaning staff at the motel was not allowed in the girl’s room. Her abusers often kept her there for weeks at a time while the motel simply looked the other way and allowed her to be sold over and over again until July of 2017.

The abuse she suffered was so horrible that experts estimate it may have shortened her life expectancy by more than a decade. After reviewing her case, earlier this summer a Benton County judge ordered the former owners of the motel to pay her more than $25.4 million as part of a lawsuit for negligently allowing her to be trafficked.

But if the nursing home industry and some Arkansas lawmakers had gotten their way a few years ago, that judgment against the motel might have been no more than $2 million.

In 2017 lawmakers voted to place an amendment on the ballot capping noneconomic and punitive damages in personal-injury lawsuits. Under that proposal, noneconomic damages could have been capped at $500,000 for injury or death, and punitive damages would have been limited to three times the noneconomic damages.

All of the damages that the judge ordered the motel owners to pay in this sex trafficking case were noneconomic and punitive damages. Had Arkansas capped those damages, the most the judge could have awarded the sex trafficking victim in this case would have been $500,000 for her pain and suffering and $1.5 million in punitive damages. That’s a total of $2 million instead of $25.4 million. Two million dollars might sound like a lot of money, but it is not much compensation for the destruction of a human life.

Fortunately, the Arkansas Supreme Court ruled that the legislature’s 2017 amendment was overly broad and could not be brought before the people for a vote. If that hadn’t happened, the motel owners that helped human traffickers in Northwest Arkansas might have gotten away with paying less than one-tenth as much money as the judge ordered them to pay earlier this summer.

Human traffickers should go to prison, and companies that aid or abet human trafficking should have to pay.

It’s hard to punish wrongdoing if our laws limit the amount of money a court can order someone to pay for injuring or killing another person. Family Council never has opposed responsible lawsuit reforms, but for nearly 20 years we have opposed measures that make it harder to make wrongdoers pay in court.

This sex trafficking case out of Springdale highlights once again why Arkansas does not need to limit the ability of judges and juries to decide how much someone should have to pay for destroying a person’s life.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Here are the 43 Constitutional Amendments Proposed in Arkansas

Feb 18, 2021Jerry CoxLegislatureArkansas Legislature, Casino Gambling, Constitution, Religious Freedom, Religious Liberty, Tort Reform

A total of 43 constitutional amendments have been proposed at the Arkansas Legislature this year.

Lawmakers can refer up to three of these constitutional amendments to voters for consideration.

The three amendments selected from these 43 measures would appear on the 2022 General Election ballot.

Our team has reviewed and summarized each of the 43 proposed measures currently in play in Little Rock.

Below is a breakdown of each proposed constitutional amendment. Family Council supports some of these measures; we oppose others; and we have no position on most of them.

As noted below, it is possible Family Council’s position on some measures could change as proposals are amended or new information comes to light.

Proposed Constitutional Amendments Family Council Supports

H.J.R.1006 by Rep. Frances “Fran” Cavenaugh (R-AR-060)

H.J.R. 1006 amends the Arkansas Constitution to permit voters to recall elected officials and judges in Arkansas. Upon initial review, Family Council supports this amendment.

H.J.R.1010 by Rep. Joe Cloud (R-AR-071)

H.J.R. 1010 amends the Arkansas Constitution to remove authorization of a casino in Pope County. This is a good amendment that will help curtail casino gambling in Arkansas. Family Council supports H.J.R. 1010.

H.J.R.1011 by Rep. Joe Cloud (R-AR-071)

H.J.R. 1011 amends the Arkansas Constitution. It changes the casino amendment that authorizes casino gambling in Pope, Jefferson, Garland, and Crittenden counties. Under H.J.R. 1011, the Arkansas Racing Commission would not issue a casino license in Pope County unless the voters of the county approve conducting casino gaming at a local election. Family Council supports H.J.R. 1011.

H.J.R.1018 by Rep. Robin Lundstrum (R-AR-087), Sen. Jane English (R-AR-034)

H.J.R. 1018 amends the Arkansas Constitution. It clarifies that proceeds from the Arkansas Lottery may be used to fund scholarships and grants to students at vocational-technical and technical institutes. Currently, lottery scholarships are only available to students enrolled in public or private two-year and four-year colleges and universities. Family Council supports legislation that ensures lottery-funded scholarships are managed responsibly. We support H.J.R. 1018.

H.J.R.1024 by Rep. Jimmy Gazaway (R-AR-057), Sen. Jason Rapert (R-AR-035)

H.J.R. 1024 amends the Arkansas Constitution. It prevents the government from burdening a person’s free exercise of religion. The measure is similar to Arkansas’ state Religious Freedom Restoration Act. Family Council strongly supports this good amendment to the Arkansas Constitution.

H.J.R.1025 by Rep. Jimmy Gazaway (R-AR-057)

H.J.R. 1025 amends the Arkansas Constitution. It says that the sanctity of life is paramount to all other rights protected by the constitution. It states that Arkansas citizens, acting as jurors, have the sole authority to determine the amount of compensation or civil penalty imposed because of injuries resulting in death or resulting from acts that create a significant risk to life. H.J.R. 1025 will help prevent the State of Arkansas from placing a price tag on human life. Family Council strongly supports this good amendment.

S.J.R.14 by Sen. Jason Rapert (R-AR-035), Rep. Jimmy Gazaway (R-AR-057)

S.J.R. 14 amends the Arkansas Constitution. It prevents the government from burdening a person’s free exercise of religion. The measure is similar to Arkansas’ state Religious Freedom Restoration Act. Family Council strongly supports this good amendment to the Arkansas Constitution.

S.J.R.16 by Sen. Alan Clark (R-AR-013)

S.J.R. 16 would amend the Arkansas Constitution to require public schools to designate their athletic teams as “male” or “female,” and require student athletes to compete according to their biological sex. This would prevent boys who claim to be girls from competing in girls’ sports at school — and vice versa. Family Council supports this measure.

Proposed Constitutional Amendments Family Council Opposes

H.J.R.1008 by Rep. DeAnn Vaught (R-AR-004)

H.J.R. 1008 amends the Arkansas Constitution. It requires initiatives and referenda submitted to voters via petition drives to be approved by at least 60% of the votes cast on the measure in order to pass. However, it would not require constitutional amendments submitted by the General Assembly to be approved by 60% of the vote. Family Council opposes this measure.

H.J.R.1014 by Rep. Lee Johnson (R-AR-075), Sen. Missy Irvin (R-AR-018)

H.J.R. 1014 amends the Arkansas Constitution. It gives the Arkansas Legislature the power to cap non-economic and punitive damages that courts can award when a person is injured or killed through someone else’s negligence. Family Council has never opposed responsible lawsuit reforms. However, H.J.R. 1014 makes it possible for the Arkansas Legislature to put a price tag on human life. Family Council opposes this proposed constitutional amendment.

H.J.R.1015 by Rep. Jim Dotson (R-AR-093), Sen. Bob Ballinger (R-AR-005)

H.J.R. 1015 amends the Arkansas Constitution. It gives the Arkansas Legislature the power to set rules about pleading, practice, procedure, and evidence for all courts in Arkansas. Family Council has never opposed responsible lawsuit reforms. However, giving the Arkansas Legislature the ability to restrict evidence that can or cannot be used in court may make it difficult or impossible for people to obtain justice in court. Family Council opposes this proposed constitutional amendment.

S.J.R.7 by Sen. Bob Ballinger (R-AR-005), Rep. Jim Dotson (R-AR-093)

S.J.R. 7 amends the Arkansas Constitution. It gives the Arkansas Legislature the power to set rules about pleading, practice, procedure, and evidence for all courts in Arkansas. Family Council has never opposed responsible lawsuit reforms. However, giving the Arkansas Legislature the ability to restrict evidence that can or cannot be used in court may make it difficult or impossible for people to obtain justice in court. Family Council opposes this proposed constitutional amendment.

S.J.R.8 by Sen. Missy Irvin (R-AR-018), Rep. Lee Johnson (R-AR-075)

S.J.R. 8 amends the Arkansas Constitution. It gives the Arkansas Legislature the power to cap non-economic and punitive damages courts can award when a person is injured or killed through someone else’s negligence. Family Council has never opposed responsible lawsuit reforms. However, S.J.R. 8 makes it possible for the Arkansas Legislature to put a price tag on human life. Family Council opposes this proposed constitutional amendment.

S.J.R.9 by Sen. Bob Ballinger (R-AR-005), Rep. Jim Dotson (R-AR-093)

S.J.R. 9 amends the Arkansas Constitution. It gives the Arkansas Legislature the power to set rules about pleading, practice, procedure, and evidence for all courts in Arkansas. Family Council has never opposed responsible lawsuit reforms. However, giving the Arkansas Legislature the ability to restrict evidence that can or cannot be used in court may make it difficult or impossible for people to obtain justice in court. Family Council opposes this proposed constitutional amendment.

Proposed Constitutional Amendments On Which Family Council Has No Position

H.J.R.1001 by Rep. Frances “Fran” Cavenaugh (R-AR-060), Sen. Breanne Davis (R-AR-016)

H.J.R. 1001 amends the Arkansas Constitution to let the General Assembly convene itself into session if the Speaker of the House of Representatives and the President Pro Tempore of the Senate issue a joint proclamation calling the legislature into assembly. Currently, special sessions of the Arkansas Legislature can only be called by the governor. Family Council is neutral on H.J.R. 1001.

H.J.R.1002 by Rep. David Tollett (R-AR-012)

H.J.R. 1002 amends the Arkansas Constitution concerning ad valorem property tax assessments for the benefit of school districts. Family Council has no position on this measure.

H.J.R.1003 by Rep. Michelle Gray (R-AR-062), Sen. James Sturch (R-AR-019)

H.J.R. 1003 amends the Arkansas Constitution concerning taxes for the construction, operation, and improvement of public libraries. Family Council is neutral on H.J.R. 1003.

H.J.R.1004 by Rep. Stephen Meeks (R-AR-067)

H.J.R. 1004 amends the Arkansas Constitution concerning mill tax on real and personal property. Family Council is neutral on H.J.R. 1004.

H.J.R.1005 by Rep. David Ray (R-AR-040), Sen. Bart Hester (R-AR-001)

H.J.R. 1005 amends the Arkansas Constitution. It requires initiatives, referenda, constitutional amendments, and referred measures submitted to voters to be approved by at least 60% of the votes cast on the measure in order to pass. Family Council is currently neutral on this measure, pending amendments that may be made to it.

H.J.R.1007 by Rep. Fredrick “Fred” Love (D-AR-029)

H.J.R. 1007 amends the Arkansas Constitution to create the Citizens Commission on the Minimum Wage. The commission would have the sole authority to increase the minimum wage in Arkansas. Family Council has no position on this measure.

H.J.R.1009 by Rep. Jim Dotson (R-AR-093)

H.J.R. 1009 amends the Arkansas Constitution. It amends the name, membership, powers, and duties of the State Highway Commission. Family Council has no position on this measure.

H.J.R.1012 by Rep. John Payton (R-AR-064)

H.J.R. 1012 amends the Arkansas constitution to revise the duties of certain constitutional officers. Family Council has no position on this measure.

H.J.R.1013 by Rep. John Payton (R-AR-064)

H.J.R. 1013 amends the Arkansas constitution to revise the duties of certain constitutional officers. Family Council has no position on this measure.

H.J.R.1016 by Rep. Jim Dotson (R-AR-093)

H.J.R. 1016 amends the Arkansas Constitution. It is a “shell” amendment at this time, and it does not contain any actual provisions. Family Council will take a position on this measure if and when provisions are added to it.

H.J.R.1017 by Rep. Jim Dotson (R-AR-093)

H.J.R. 1017 amends the Arkansas Constitution. It is a “shell” amendment at this time, and it does not contain any actual provisions. Family Council may take a position on this measure if and when provisions are added to it.

H.J.R.1019 by Rep. Robin Lundstrum (R-AR-087), Sen. Gary Stubblefield (R-AR-006)

H.J.R. 1019 amends the Arkansas Constitution. It clarifies that candidates for the Arkansas Supreme Court, Court of Appeals, Circuit Court, and District Court shall be elected on a partisan basis rather than on a non-partisan basis. Family Council has no position on this measure.

H.J.R.1020 by Rep. Josh Miller (R-AR-066)

H.J.R. 1020 amends the Arkansas Constitution. It is a “shell” amendment at this time, and it does not contain any actual provisions. Family Council may take a position on this measure if and when provisions are added to it.

H.J.R.1021 by Rep. Vivian Flowers (D-AR-017)

H.J.R. 1021 amends the Arkansas Constitution. It repeals language in the state constitution permitting slavery or involuntary servitude as punishment for a crime. Family Council is neutral on this measure.

H.J.R.1022 by Rep. Jimmy Gazaway (R-AR-057)

H.J.R. 1022 amends the Arkansas Constitution. It is a “shell” amendment at this time, and it does not contain any actual provisions. Family Council may take a position on this measure if and when provisions are added to it.

H.J.R.1023 by Rep. Jimmy Gazaway (R-AR-057), Sen. Jason Rapert (R-AR-035)

H.J.R. 1023 amends the Arkansas Constitution to say that Arkansans have a fundamental right to keep and bear arms. Family Council supports the Second Amendment, but we currently have no position on this measure.

S.J.R.1 by Sen. Alan Clark (R-AR-013)

S.J.R. 1 amends the Arkansas Constitution. It lets municipalities use short-term financing options to acquire fire trucks. Family Council is neutral on this measure.

S.J.R.10 by Rep. Frances “Fran” Cavenaugh (R-AR-060), Sen. Breanne Davis (R-AR-016)

S.J.R. 10 amends the Arkansas Constitution to let the General Assembly convene itself into session if the Speaker of the House of Representatives and the President Pro Tempore of the Senate issue a joint proclamation calling the legislature into assembly. Currently, special sessions of the Arkansas Legislature can only be called by the governor. Family Council is neutral on S.J.R. 10.

S.J.R.11 by Sen. Greg Leding (D-AR-004), Rep. Jay Richardson (D-AR-078)

S.J.R. 11 is a proposed constitutional amendment. It would change Arkansas’ laws governing rental agreements, landlords, and tenants. Family Council is neutral on this constitutional amendment.

S.J.R.12 by Sen. Greg Leding (D-AR-004)

S.J.R. 12 would amend the Arkansas Constitution concerning the qualifications to vote in an election. The measure is a “shell” bill, and it currently does not contain any provisions. Family Council is neutral on this measure at this time.

S.J.R.13 by Sen. Jason Rapert (R-AR-035), Rep. Jimmy Gazaway (R-AR-057)

S.J.R. 13 amends the Arkansas Constitution to say that Arkansans have a fundamental right to keep and bear arms. Family Council supports the Second Amendment, but we currently have no position on this measure.

S.J.R.15 by Sen. Alan Clark (R-AR-013)

S.J.R. 15 amends the Arkansas Constitution to require the governor to call a special session of the Arkansas Legislature when issuing an executive order or proclamation declaring an emergency. The special session would give the Arkansas Legislature an opportunity to consider legislation related to the emergency. Family Council is neutral on this measure.

S.J.R.17 by Sen. Bob Ballinger (R-AR-005), Rep. Justin Gonzales (R-AR-019)

S.J.R. 17 would amend the Arkansas Constitution concerning the review of the constitutionality of certain federal actions before the federal actions are implemented in Arkansas. The measure is a “shell” bill, and it currently does not contain any provisions. Family Council is neutral on this measure at this time.

S.J.R.18 by Sen. Alan Clark (R-AR-013)

S.J.R. 18 would propose an amendment to the United States Constitution limiting the U.S. Supreme Court to nine justices. Family Council is neutral on this measure at this time.

S.J.R.2 by Sen. Alan Clark (R-AR-013)

S.J.R. 2 amends the Arkansas Constitution to make it possible for the Arkansas Legislature to convene itself into special session if a majority of the legislators sign a petition submitted to the governor calling for a special session. Currently, special sessions of the Arkansas Legislature can only be called by the governor. Family Council is neutral on this measure.

S.J.R.3 by Sen. Alan Clark (R-AR-013)

S.J.R. 3 amends the Arkansas Constitution to permit the State of Arkansas to be sued just like any other entity and taken to court. Family Council is currently neutral on S.J.R. 3.

S.J.R.4 by Sen. Mark Johnson (R-AR-015)

S.J.R. 4 amends the Arkansas Constitution to require the General Assembly to provide laws establishing, maintaining, and supporting free public schools. Family Council is neutral on S.J.R. 4.

S.J.R.5 by Sen. Jason Rapert (R-AR-035)

S.J.R. 5 amends the Arkansas Constitution concerning the manner in which primary elections are conducted. The measure is a “shell” bill, and it currently does not contain any provisions. Family Council is neutral on this measure at this time.

S.J.R.6 by Sen. Clarke Tucker (D-AR-032), Rep. Jimmy Gazaway (R-AR-057)

S.J.R. 6 would amend the Arkansas Constitution. It requires the Arkansas Legislature to enact laws revising the election process for primary elections, special primary elections, and general elections. It also requires the legislature to enact laws establishing the process for choosing delegates that will nominate presidential candidates and electors for the President and Vice President of the United States. Family Council currently has no position on this proposed constitutional amendment.