As Fayetteville Continues to Address Data Center Growth Questions, Pennington’s Experienced Legal Guidance Helps Strengthen Ordinance

FOR IMMEDIATE RELEASE

Contact: Blake Pennington

blake@blakeforfayetteville.com

FAYETTEVILLE, Ark. (August 11, 2026) — As communities across Arkansas and the nation consider how to regulate data centers, the Fayettevi

lle City Council is preparing to review changes to the city’s ordinance addressing the facilities. The current provision restricting data centers to general industrial zones and requiring conditional use permits, 1,000-foot residential buffers, and detailed utility reports, passed in June.

Senior Assistant City Attorney Blake Pennington has worked with the City Council's Ordinance Review Committee and city staff in the weeks since to evaluate legal options, spot potential risks and identify areas where Fayetteville’s current ordinance could be strengthened to advance the Council's policy goals while complying with state law.

"Experience matters because every ordinance has legal consequences," Pennington, who is running for Fayetteville City Attorney, said. "The City Attorney's role is to help the mayor and council members understand their legal options, anticipate potential issues and craft policies that are lawful, practical and built to withstand legal scrutiny."

Data centers often raise questions related to zoning, utilities, infrastructure capacity, public safety and long-term community planning. Pennington said addressing those issues requires careful legal analysis before policy decisions are made. On July 29, the City Council’s Ordinance Review Committee forwarded proposed data center ordinance amendments to the full City Council that bolster the city’s regulations on environmental impacts, noise disturbances, and enforcement.

“I think some of us came into the process with questions about the most recent laws on data centers passed by the legislature, and what that would look like for Fayetteville,” said Council Member Mike Wiederkehr. “Blake has been a steady voice since I’ve been on the council to give us good information and guide our process so that we don’t expose the taxpayers of Fayetteville to unnecessary risk, while still moving the city forward.” 

In addition to the ordinance on data centers, in his 12 years serving in the City Attorney’s office, Pennington has also offered counsel to the city through other legally complex issues, including a 2020 ordinance that created the largest outdoor entertainment district in an Arkansas downtown. The city enacted the program to help businesses struggling because of pandemic restrictions. Additionally, he serves as the primary advisor to the Economic Development Department and offered guidance on contracts with economic development organizations, which are selected through a competitive bid process, currently with the Fayetteville Chamber of Commerce for industry recruitment and workforce development and Startup Junkie, specifically to focus on no-cost small business support, workshops, and startup mentoring.

The proposed data center ordinance revisions are expected to be considered by the full Fayetteville City Council at the August 18th meeting.

About Blake Pennington

Blake Pennington is a candidate for Fayetteville City Attorney. He filed to run following the announced retirement of Kit Williams. Pennington has served in the Fayetteville City Attorney's Office since 2014, acting as Senior Assistant City Attorney to advise the Mayor, City Council, boards and commissions on municipal law, drafting ordinances, negotiating contracts and helping the City navigate complex legal issues. He graduated magna cum laude with a business administration degree from the Sam Walton School of Business at the University of Arkansas, and from the UA School of Law. Pennington is past-president of the board of Peace at Home Family Shelter, past-president of the UA School of Law’s Law Alumni Society Board, past-president of the Arkansas City Attorneys Association, and he is a member of the Rotary Club of Fayetteville.