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Councilwoman Earlene Smith Cordell Beacon File Photo -
The sidewalk running in front of Ace Hardware and United Grocery, which contains no retail merchandise for sale. Bob Henline | The Cordell Beacon -
The merchandise displayed in front of Ace Hardware, between the parking lot and entrance. Bob Henline | The Cordell Beacon -
No sidewalk exists in front of Tractor Supply, but merchandise is presented on the store’s private property. Bob Henline | The Cordell Beacon
The issue of retail merchandising on sidewalks in Cordell is heating up.
Following the issuance of a citation to J.D. Banks of J & D’s Bargains, city councilwoman Earlene Smith declared, in the Oct. 7, 2019, meeting of the city council, that while Banks deserved to be cited, so did other local businesses in violation of the ordinance. Specifically, Smith called out Dollar General, Ace Hardware, Tractory Supply, and United Grocery, as reported in the Oct. 9, 2019, issue of The Cordell Beacon.
Despite the fact that three of the four businesses named by Smith - Ace, Tractor Supply, and United - don’t actually offer merchandise for sale on sidewalks, Smith reiterated her argument in a message sent to The Beacon following publication of the initial story, which indicated she was “seemingly making the argument that the walkways between their parking lots and stores fall under the ordinance despite their distance from the street and public sidewalk, and their presence on the stores’ private property.”
Smith’s message, printed here without edit, continued to assert an inaccurate definition of sidewalk.
“Your article was shown on the Citizens page and I read it,” she wrote. “Lets get something straight right now, I do know what a sidewalk is, in case you don’t , please take the time to look it up on Wikipedia-- and if you were selling lemonade on your sidewalk in front of your house, you would be breaking the ordinance! JD Banks deserved a ticket and so does Ace United, Tractor Supply and Dollar General. Get your facts straight”
Cordell city code defines a sidewalk as “that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property line, intended for use by pedestrians.”
Although generally not considered a reliable source, Wikipedia, per Councilwoman Smith’s suggestion, defines a sidewalk as “a path along the side of a road. A sidewalk may accommodate moderate changes in grade (height) and is normally separated from the vehicular section by a curb.”
Cordell’s city attorney Johnny Beech confirmed that Ace, United, and Tractor Supply are in compliance with the city’s ordinance.
“The areas in front of Ace and United are not city sidewalks,” he said. “If you slip and fall you are left with their insurance as your sole remedy. The area in front of Dollar General is probably a city sidewalk in the usual sense. Councilwoman Smith is incorrectly classifying the entry ways to Ace, United, and Tractor Supply as a city sidewalk.”
When informed that there was nothing factually inaccurate in the Oct. 9 story, Smith replied, “Well that is one way to cover your ass! But a poor way to fit into a community!”