A Fayetteville resident is suing Washington County over the use of federal COVID-19 relief funding that's going toward an expansion of the Washington County Detention Center. Ozarks at Large’s Daniel Caruth has more.
While construction is already underway for an expansion to the Washington County Detention Center, Fayetteville resident and treasurer for Arkansas Justice Reform Coalition Frank McConnell “Mac” Mayfield says the use of federal funding for that project is illegal, and he's suing the county for it.
“We asked specifically that the construction be stopped, that they be enjoined from constructing further facilities. That's our specific ask.”
During a press conference at the Arkansas Justice Reform Coalition's headquarters in downtown Fayetteville on Monday, Mayfield explained that he believes the use of $18.8 million of federal American Rescue Plan Act, or ARPA money, which was distributed for state, county and city governments across the country to use on projects related to COVID-19 relief or recovery, is in violation of Treasury Department rules.
“And it's the federal Department of the Treasury that has written the final rule on how that money can be appropriated. And on page 31 of their rules, it says explicitly not for the construction of congregate facilities.”
In 2022, taxpayers rejected a proposed temporary sales tax increase to pay for an expansion to the Washington County Detention Center. One month later, the quorum court voted 11-4 to allocate ARPA funding on a jail expansion project, which county judge Patrick Deakins has stated will make the facility better able to handle detainees who contract COVID-19 or other communicable viruses.
The current expansion project includes adding bed spaces, additional intake and medical areas, and more room for jail administration, storage and an enlarged courtroom. Mayfield argues that still doesn't meet the ARPA funding guidelines.
“So it doesn't matter what you call it, it's what it is that counts. And this is a jail expansion. They've expanded the number of jail beds in our county by close to 20% in the last several years after being told, no, we don't want to pay for that. And again, they haven't figured on the cost of what it's going to take over and over again. One of their arguments about looking at cost is the cost is a standing cost. It's the cost of the bonds. It's the cost of the concrete. It's the cost of the steel and the land. We're just increasing that standing cost and will be burdened with it forever.”
The illegal exaction lawsuit, which Mayfield filed on Monday, is similar to a lawsuit brought by the Arkansas Justice Reform Coalition in 2024, which sought an injunction to bar a jail expansion. That suit was dismissed by a district court for not having proper legal standing to bring the case.
Sarah Moore, the coalition's director, says the organization feels this suit is different.
“We filed a suit in federal court. COVID monies were so new. There really wasn't case law, and we didn't really know about where standing would be to be able to file a concern about the use of the monies. So unfortunately, that was not necessarily the correct avenue to proceed in. While these historic monies were given with pretty wide berth of what they could be used for, they did create certain handcuffs. Um, and one of the other things is there's no statute of limitations. And so, whenever the audits happen, when this money is looked into further in administrations to come, at any time, the federal government can come and recoup these monies. And I think that that's something that our leadership needs to really be thinking twice about.”
Moore also says the premise for expanding the detention center — that the county's 710 beds are not enough due to overcrowding — is unfounded.
“Here locally in Washington County, we create policies that ultimately lock more people up. we have state statutes that say that you're supposed to take care of your municipal, uh, as they call it, prisoners first, and we sell federal beds. We sell anywhere from 70 to 90 every single day when we say we're overcrowded.
“Additionally, we've talked a lot about pretrial. Pretrial services would be a half a million dollars a year, and we released safely 200 to 300 people from our local facility. We were told that in 2020 from the National Center for State Courts Assessment. Yet we have done zero to progress in that. Um, just that math alone is at least 300 to 400 people that come out of the facility. The population today at our facility is somewhere around 700. So very quickly you can see how those beds would be available.”
The county sheriff's office says the detention facility is facing overcrowding from population growth in the region and a lack of space for inmates sentenced to the Department of Corrections, which then shifts people to jails around the state. Moore says those issues could be solved through policy changes instead of an expansion.
She also says the county already overspends on the detention facility by nearly $8 million a year for operation and maintenance, and she says the expansion will only add to that deficit.
“It cost us $26 million to operate our current jail facility. These additional beds are most likely going to be another $2 million in operating cost. If you look at the 2026 budget, they're already shoving additional costs into it with very little scrutiny for additional staff that will be needed for the increase of utilities that will happen — the use of water, the use of electricity. And so I think we all should ask for that brave pause that needs to happen right now to be reflective.”
Tad Sours is spokesperson for Washington County, and said via email that the county has not yet received the lawsuit and cannot comment on the case at this time.
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