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ELECTRONICALLY FILED
2/6/2020 5:01 PM
64-CV-2020-900043.00
CIRCUIT COURT OF
WALKER COUNTY, ALABAMA
SUSAN ODOM, CLERK
IN THE CIRCUIT COURT OF WALKER COUNTY, ALABAMA

BAMACARRY, INC., )
)
Plaintiff, )
)
v. ) Case No. CV-2020-_______
)
PETEY ELLIS, in his official capacity as )
Mayor of The City of Sumiton, Alabama, )
)
Defendant. )

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

This is an action under the Alabama Open Records Act, Ala. Code § 36-12-

40, to compel the production of certain public writings held by Petey Ellis, in his

official capacity as Mayor of the City of Sumiton. Alabama.

1. The Plaintiff, BamaCarry, Inc. is a pro-Second Amendment membership

organization, whose members would otherwise have standing to sue in their own

right, and the interests Plaintiff seeks to protect are germane to the organization’s

purpose, and neither the claims asserted here nor the relief requested requires the

participation of individual members in this lawsuit.

2. Since at least 2007, the City of Sumiton has facilitated the “The Frog Festival”

on Main Street on the first Saturday in October every year. According to the City’s

website, www.thecityofsumiton.com, the Frog Festival is a “fun-filled Saturday”

featuring arts & crafts vendors, food vendors, musical entertainment and children’s

activities.
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3. The Frog Festival relies on private support and, according to its website, “The

Frog Festival would not happen without the generous support of our sponsors.”

(www.thefrogfestival.com).

4. During the October 6, 2018 Frog Festival, the City of Sumiton prohibited

firearms and posted signs to that effect, contrary to Alabama law, specifically, Ala.

Code § 13A-11-61.3 – which resulted in an individual petitioning the Alabama

Attorney General to intervene against the City of Sumiton in February 2019.

Because the 2018 Frog Festival was over, the Attorney General corresponded with

the City of Sumiton and took no further action.

5. In October 2019, the Plaintiff and its members learned the City of Sumiton

attempted to circumvent Alabama law and to prohibit firearms at the 2019 Frog

Festival. The Plaintiff and its members also learned the City of Sumiton may have

leased out municipal property to vendors to circumvent Alabama law. Out of a

concern that its members and other law-abiding gun owners were targeted, the

Plaintiff wrote to the City of Sumiton requesting records regarding any such leases

under the Alabama Open Records Act. Specifically, the Plaintiff requested these

public writings:

 All documents or records related to any lease(s) involving any past, or

future Frog Festival.

 All documents or records related to public notices about any past, or future
Frog Festival.
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 All documents or records of all tax incentives, tax abatements, grants or

other economic incentives to benefit any private entity or individual,
related to any past or future Frog Festival.

 Minutes of all meetings about the requested items.

The Plaintiff followed up with an additional letter on January 7, 2020. True

and exact copies of both letters are attached as Exhibits A and B, respectively. To

date, the City of Sumiton has refused to respond or release the public records.

JURISDICTION AND VENUE

6. This is an action arising under Ala. Code § 36-12-40.

7. Venue is proper in Walker County under Ala. Code § 6-3-2(b)(3).

PARTIES

8. Plaintiff BamaCarry, Inc. is a domestic non-profit corporation organized

under the laws of the State of Alabama. BamaCarry, Inc. exists to educate gun

owners and individuals about state and federal legislation that affects their gun

rights, to assist state-level grassroots gun rights organizations and to aid in

organizing grassroots lobbying on state and federal legislation.

9. Defendant Petey Ellis is the long-time Mayor of Sumiton, Alabama and in

such capacity has the possession and control over the records that Plaintiff seeks. He

resides in his official capacity in Walker County. The action this lawsuit seeks to

compel will take place in Walker County.

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ALA. CODE § 36-12-40

10. The Defendant’s failure to produce the public records sought by Plaintiff has

necessitated this lawsuit.

11. The Plaintiff has a statutory right to the public writings they seek, and there is

no legal basis for the City of Sumiton’s failure to disclose such records. It is in the

public interest of the people of Alabama that these public writings be made available

to the public.

WHEREFORE, Plaintiff prays this Honorable Court will grant the following

relief:

(A) Declare that the data sought by the Plaintiff in its open records requests are

public writings under Alabama’s Open Records Act;

(B) Declare that the Defendant’s withholding of the requested public writings is

unlawful;

(C) Order Defendant to make the requested records promptly available to

Plaintiff, subject to appropriate redactions as authorized by federal and state privacy

laws;

(D) Declare that Alabama citizens will benefit from the disclosure of the requested

public records;

(E) Award Plaintiff costs and reasonable attorney’s fees; and

(F) Grant Plaintiff such other relief as the Court deems necessary and just.
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VERIFICATION

BAMACARRY, INC.

By: /s/ Eddie Fulmer

Its: President

Signed before me this 6th day of February, 2020.

STATE OF ALABAMA

COUNTY OF CULLMAN

I, Krystal Clark, a Notary Public in and for said County in said State, hereby certify

that Eddie Fulmer, as President for BAMACARRY, INC., whose name is signed to

the foregoing Complaint, and who is known to me, acknowledged before me on this

day that, being informed of the contents of such instrument, he executed the same

voluntarily on the day the same bears date.

Given under my hand and seal, this 6th day of February, 2020.

/s/ Krystal Clark

NOTARY PUBLIC
My Commission Expires: March 15, 2020
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/s/ R. CHAMP CROCKER

R. Champ Crocker (CRO074)
Attorney for Plaintiff

OF COUNSEL:
R. Champ Crocker, LLC
207 2nd Avenue S.E.
Cullman, Alabama 35055
Telephone: (256) 739-5005
Facsimile: (256) 739-5007
Champ@ChampCrocker.com

NOTICE TO CLERK:

Please serve via personal service:

Petey Ellis
Mayor of Sumiton, Alabama
416 State Street
Sumiton, Alabama 35148