Another Arizona City Attempts to Require a Prevailing Wage Mandate for Contracted Employees as Opponents Push Back

The City of Tempe is set to consider an ordinance that would require contractors to pay their employees a prevailing wage. In response, the Arizona-based Goldwater Institute (GI) sent the City a letter asking it to reconsider.

“It’s important that Tempe taxpayers be aware of burdensome mandates that will hurt not only businesses and employees, but all taxpayers. Concerned taxpayers can reach out to their councilmember to urge them not to adopt this mandate,” said GI Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.

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Goldwater Institute Demands Phoenix Repeal ‘Prevailing Wage’ Ordinance

The Arizona-based Goldwater Institute (GI) sent a letter to the City of Phoenix Thursday, demanding it repeals a new “Prevailing Wage Ordinance for City Projects” ordinance.

“It’s important that the public be aware of burdensome mandates that will hurt not only businesses and employees, but all taxpayers. Concerned taxpayers can reach out to their councilmember to urge them to repeal this mandate,” a GI spokesperson told The Arizona Sun Times via email.

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City of Phoenix Sues Tempe for Allegedly Violating a Noise Mitigation Agreement with Proposed Entertainment District

The city of Phoenix (COP) filed a lawsuit against the city of Tempe (COT), attempting to restrict residential development in a proposed entertainment district the city is planning to develop near Phoenix Sky Harbor International Airport (PSHIA).

“The City of Phoenix, which owns and operates Phoenix Sky Harbor International Airport, is suing Tempe for breach of contract, asking the court to rescind Tempe’s recent zoning and land use changes and prohibit future residential uses in an area that the Federal Aviation Administration [FAA] says is incompatible with residential development,” according to a statement from PSHIA.

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Arizona Court Declares Phoenix Needs to Clean Up Large Homeless Encampment

The Maricopa County Superior Court made a preliminary order Monday regarding the lawsuit against Phoenix by city residents alleging that it was creating a public nuisance by not cleaning up “the Zone,” a massive homeless encampment near downtown. Judge Scott Blaney ruled in the resident’s favor, ordering the city to clean up.

“Today’s ruling offers hope not just for the homeless themselves—who, after all, don’t deserve to be left in a ghettoized section of the city’s roads—but to the ignored small-business owners in the area, who are forced to try to earn a living in the midst of such chaos,” wrote Timothy Sandefur, Vice President of Legal Affairs at the Goldwater Institute (GI), who previously filed an amicus brief in this case.

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The Goldwater Institute Sues the City of Phoenix for Not Producing Requested Union Records

The Arizona-based Goldwater Institute (GI) announced Wednesday that it had filed a lawsuit against the city of Phoenix for refusing a public records request relating to union records.

“The public’s business should be done in public, not behind closed doors,” says GI Staff Attorney Parker Jackson, lead attorney on the case. “The city of Phoenix has a duty to comply with state law—and the city’s own code—so that residents can find out what their government is up to.”

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The Goldwater Institute Demands Arizona Cities cease Unconstitutional Labor Union Trapping Policies

The Arizona-based Goldwater Institute (GI) announced Tuesday it had sent letters to the cities of Phoenix and Tempe, demanding the governmental bodies to change allegedly unconstitutional labor union practices that keep employees trapped paying dues.

“We think it is critically important for government employers to respect public employees’ constitutional rights. Under the U.S. and Arizona constitutions, no one can be forced to remain a member of—or make payments to—any private organization, particularly if it engages in speech or political activity the person disagrees with. Unions are no exception, and cities should not be making deals to trap public employees into being union members or paying union dues,” said GI Staff Attorney Parker Jackson in a statement emailed to The Arizona Sun Times.
“We think it is critically important for government employers to respect public employees’ constitutional rights. Under the U.S. and Arizona constitutions, no one can be forced to remain a member of—or make payments to—any private organization, particularly if it engages in speech or political activity the person disagrees with. Unions are no exception, and cities should not be making deals to trap public employees into being union members or paying union dues,” said GI Staff Attorney Parker Jackson in a statement emailed to The Arizona Sun Times.

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Arizona Court Rules Against the City of Phoenix in Free-Speech Lawsuit, Even After the City Made Changes to NFL Signage Rule

Arizonan Bramley Paulin has achieved victory in a free-speech lawsuit against the City of Phoenix which allowed the National Football League (NFL) and Arizona Super Bowl Host Committee (ASBHC) to decide what signs residents could or could not display in a part of the City.

“This ruling is a huge victory for Bramley’s rights. Thanks to today’s order, Bramley will be able to exercise his free speech rights without unconstitutional restrictions on what he can and cannot say,” said Goldwater Institute Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.

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Judge Denies the City of Phoenix’s Motion to Dismiss Residents’ Lawsuit Over Homeless Encampment ‘The Zone’

A lawsuit filed last August challenging “the largest homeless encampment in Arizona” is going ahead after a judge denied the City of Phoenix’s motion to dismiss. Residents who live near “the Zone,” which has grown to over 1,500 people, allege that the city has failed or refused to enforce criminal, health, or quality of life statutes to improve the Zone.

Maricopa County Superior Court Judge Stephen Tully said in his January 16 ruling that dismissal wasn’t warranted because the city didn’t meet the standard where “as a matter of law plaintiffs would not be entitled to relief under any interpretation of the facts susceptible of proof.” He found that the plaintiffs properly pleaded their case and supported a private cause of action for public nuisance.

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Temporary Victory Achieved in the Goldwater Institute’s Free Speech Lawsuit Against Phoenix

The Goldwater Institute (GI) announced Wednesday that its lawsuit against the City of Phoenix has resulted in a judge barring it from enforcing its “Clean Zone” law, at least for the next week.

“Phoenix residents and business owners shouldn’t have to beg the NFL for permission to freely communicate with the public on their own property. Yesterday’s temporary injunction ensures they don’t have to — and we hope that city leaders will do the right thing and repeal this unconstitutional mandate at next week’s City Council meeting,” said GI Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.

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Lawsuit Filed Against City of Phoenix for Suppressing Speech During Super Bowl

The Arizona-based Goldwater Institute (GI) announced that a lawsuit had been filed against the city of Phoenix Wednesday, alleging that it is violating the first amendment rights of some citizens leading up to the Super Bowl in February.

“Hosting sporting events should not come at the cost of surrendering fundamental rights. But by giving the NFL a blank check to censor the messages people can share, the city of Phoenix is trampling on hundreds of business owners and thousands of residents’ right to communicate with the public on their own property,” said GI Staff Attorney John Thorpe in a statement emailed to The Arizona Sun Times.

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Phoenix Allows NFL to Determine What Residents Can Display on Their Property During Super Bowl

The Arizona-based Goldwater Institute (GI) has called out the city of Phoenix for imposing free speech restrictions on residents in a “Special Promotional and Civic Event Area” (Clean Zone) leading up to and through the 2023 Super Bowl.

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Situation in Phoenix Homeless Camp Remains in Disarray as Citizens Speak Against City in Court

Attorneys representing a group of Phoenix business owners argued in court against the City of Phoenix (COP) Thursday regarding one of the largest homeless camps in the nation, “the Zone.” The Arizona-based Goldwater Institute (GI) said residential testimony revealed how dire the situation has become.

“Thursday’s hearing was on the city’s effort to throw out this case, brought by neighborhood property owners against the city for maintaining a gigantic homeless encampment, which is destroying neighborhood businesses and properties. The testimony revealed startling examples of the pollution, crime indecency, and violence that goes on in The Zone,” said GI Vice President of Legal Affairs Timothy Sandefur in a statement emailed to the Arizona Sun Times.

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Phoenix Increases Funding to Protect Urban Farmland from Development

The City of Phoenix announced Thursday that it would increase its funding to protect urban farmland from development projects.

“We are very excited that this Program will receive double the funding this year to conserve more vital urban farms within Phoenix,” said Rosanne Albright, Environmental Programs Coordinator for the City of Phoenix.

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City of Phoenix Announces Hiring of First Public Health Advisor

Phoenix City Manager Jeff Barton Announced Monday that Nicole Dupuis-Witt would become the City’s first Public Health Advisor on the leadership team beginning October 17.

“The addition of public health expertise to our leadership team strengthens our ability to address public health needs across the City,” said Barton. “Public health is a central tenant to many of the City’s top priorities including heat response and mitigation, housing and homelessness, food systems, senior services, transportation and more. I am confident that Nicole’s experience and data-driven approach will further position Phoenix as a resilient and prosperous place to live, work and play.”

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Arizona Rep. Kaiser Sponsors Bill Providing Exemption From Vaccine Requirements for Those Who Have Had COVID-19

State Rep. Steve Kaiser (R-Phoenix) is sponsoring a bill, HB 2020, that would exempt people in Arizona from government or private businesses imposing COVID-19 vaccine mandates if they have already had COVID-19. This includes mandates from the federal government and from corporations at their branches in Arizona. To be eligible, someone must show either proof of antibodies, a positive test, or a positive T-cell immune response to COVID-19.

Kaiser, who came up with the idea for the bill during a discussion with a friend, told The Arizona Sun Times, “It provides a great way for folks who are uncomfortable with the vaccine to keep their jobs. There is a lot of data to support this, and it has a great chance of passing through the legislature.” He said at least one Democrat has said they may support the bill.

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Arizona Lawmakers Demand Gov. Ducey Call a Special Session so They Can Stop COVID-19 Vaccine Mandate for City of Phoenix Employees

The City of Phoenix instituted a COVID-19 vaccine mandate for employees, and numerous Republican lawmakers want to stop it. Several legislators sent a letter to Gov. Doug Ducey demanding that he call a special session of the Arizona Legislature so they can pass legislation halting that mandate and any others in Arizona. 

Sen. Nancy Barto (R-Phoenix), Rep. Shawnna Bolick (R-Phoenix), and Rep. Justin Wilmeth (R-Phoenix) wrote, “We urge you to immediately call us into a special session to pass legislation prohibiting any government entity from mandating the COVID-19 vaccine. Since the Arizona Supreme Court struck down policy provisions added to the budget passed earlier this year as a violation of our state Constitution’s single subject clause, it is imperative we address medical freedom issues taking place in our K-12 public schools, public colleges and universities, and any city, county or town from imposing a vaccine passport or mandate on any person or business.” 

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Arizona Attorney General Brnovich Responds to Reporter Asking If He’s Had the Vaccine: ‘Have You Had an STD?’

During a press conference announcing his lawsuit with police officers and firefighters against the City of Phoenix over its COVID-19 vaccine mandate, Arizona Attorney General Mark Brnovich was asked by Arizona’s Family political editor Dennis Welch whether he was vaccinated. His press secretary waved the question off as “inappropriate.” 

However, Brnovich, who is running for U.S. Senate, responded, “Do you have an STD?” After a brief pause with some laughter from those present, he went on, “It’s not a ridiculous question. The question should be, once you allow or cede this authority to the federal government, where does it stop? And my own health information is my own health information.” 

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Phoenix City Councilman Sal DiCiccio Demands Vote on City of Phoenix Vaccine Mandate for Employees

Phoenix City Councilman Sal DiCiccio is requesting a meeting and vote on the City of Phoenix’s new COVID-19 vaccine mandate. In a letter sent to the mayor and other members of the city council on November 22, he expressed concerns over public safety, employee retention, and whether the Biden’s administration mandate even applies.

“This decision will compromise vital citywide services to our residents, including public safety, which this Council has been aware of the alarming crime data and how the city is struggling to hire and retain personnel,” he wrote. “A more thorough determination needs to be made on whether, under federal law, the City of Phoenix and its 13,000 employees are considered ‘federal contractors’ for the purposes of this mandate,” he wrote.

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City of Tucson Joins Two Lawsuits Against Arizona Legislature over Masks, Vaccines, CRT, Police Review Boards, and a Ballot Audit Committee

Tucson City Hall

The City of Tucson is joining two lawsuits against the Arizona Legislature with amicus curiae briefs. The first is a lawsuit filed on August 12 by the Arizona School Boards Association, the Arizona Education Association and other education organizations and activists over HB 2898, SB 1824, and SB 1825, which prohibit mask and vaccine mandates, ban Critical Race Theory, and establish a legislative committee to review the findings of the state Senate review of the November 2020 election results in Maricopa County.

The second is a lawsuit filed by the City of Phoenix over HB 2893, which sets the qualifications for members of civilian review boards including requiring training. It also allows a legislator to submit a request to the Arizona Attorney General for an investigation of “any written policy, written rule or written regulation adopted by any agency, department or other entity of the county, city or town.”

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City of Phoenix Sues Arizona over New Laws on Police Review Boards and Broadening Attorney General’s Investigative Powers

The City of Phoenix filed a lawsuit against the State of Arizona on Tuesday, contending that new legislation regulating police review boards and expanding the Attorney General’s powers of investigation violates the state constitution. HB 2893 requires that the members of police misconduct boards be partially composed of police officers, but the City set up its own review board a month before the legislation was passed which says police officers or former police officers shall not sit on its police review board. 

Similarly, the City objects to the qualifications laid out in the law for civilian review boards; the City merely wants non-City employees serving on it, but the legislation requires that board members have some training. And finally, the City objects to a provision which states that when requested by a legislator, the Attorney General may investigate laws or rules passed by lower levels of government that appear to violate state law, and withhold state funding if a violation is found. 

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