by Daniel Stefanski | Sep 24, 2023 | News
By Daniel Stefanski |
Arizona’s Republican legislative leaders are wading into another legal fight.
Earlier this week, Senate President Warren Petersen and House Speaker Ben Toma filed an amicus brief at the U.S. Supreme Court in City of Grants Pass v. Gloria Johnson and John Logan. According to the legislators, the case involves “three homeless individuals in Grants Pass (who) filed this lawsuit to try to stop local and state governments from combating the public safety threats, the public health dangers, and the inhumane conditions associated with these homeless encampments.”
The city has received unfavorable opinions from the federal courts at both the district and appeals (Ninth Circuit) levels, leading to the appeal to the nation’s high court.
In their brief, Petersen and Toma assert that “the Legislature also has a pressing interest in homelessness because it confronts the realities of America’s homelessness crisis every day, including only a few blocks from the state capitol complex. Phoenix, Arizona, is home to one of the nation’s largest homeless encampments, commonly known as ‘The Zone.’ With hundreds of homeless residents, The Zone is a place of intense poverty, frequent crime (including multiple homicides), social instability, and poor living standards.”
The lawmakers opined that “the Ninth Circuit decided it was better at making policy than elected state legislatures and city councils.” They argued that the opinion from the Ninth Circuit “injects the federal courts into a policymaking area reserved for state and local lawmakers, entrenches a plainly incorrect and deeply damaging construction of the Eighth Amendment, and improperly interferes with state and local policymaking on the critically important issue of homelessness.”
President Petersen issued a statement in conjunction with his announcement, saying, “We’re talking about a humanitarian crisis that continues to spiral out of control in our state, thanks to bad court rulings, judicial overreach, and a litany of vetoes by the Governor. Lives and livelihoods are lost every single day that we continue to allow homeless encampments to grow in our communities. We must have clarity from the U.S. Supreme Court in order to holistically address the systemic issues contributing to homelessness, as well as the dire public safety and public health consequences created by allowing these encampments to remain. Once again, the Attorney General is absent, but the Speaker and I are committed to engaging for the betterment of Arizona.”
Senator John Kavanagh added, “Many of the street homeless population are seriously mentally ill, drug addicted or both. It is unconscionable that these vulnerable people are being allowed to live in squalid circumstances on the street where they may abuse drugs and become crime victims. This situation is a result of federal court rulings that some say prohibit the police from enforcing street camping bans even when shelter can be provided to the homeless person. It is imperative that the Supreme Court clarify lower court rulings, so that if homeless persons are offered shelter and refuse, they can be removed from the street by the police.”
One of Arizona’s newest legislators also weighed in on the issue and filing of the brief. Senator Shawnna Bolick said, “Homelessness is one of the top issues impacting Legislative District 2, putting law enforcement and private property owners into the direct fray due to the lack of leadership at Phoenix City Hall. My constituents want safe neighborhoods, not ones littered with used needles and drug paraphernalia often left overnight for their kids to encounter on the way to the bus stop to get to school. There are quite a few civil society groups stepping up, but it’s not enough. I hope the USSC does the right thing. Government exists for public safety, and Arizona’s Governor along with the Phoenix Mayor are failing their citizens.”
The General Counsel for the Arizona House Republicans, Linley Wilson, pointed to a recent post from California Governor Gavin Newsom about the issue of federal courts inserting caselaw into “local efforts to clear street encampments,” stating, “This humanitarian crisis is not a partisan issue. The 9th Circuit’s opinions harm the homeless and the Legislature’s ability to craft effective policies.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Sep 24, 2023 | Education, News
By Daniel Stefanski |
The weather outside may be cooling in Arizona, but the political heat between the state’s governor and Superintendent of Public Instruction continues to rise.
Last week, Republican Superintendent Tom Horne fired back a response to Democrat Governor Katie Hobbs over his administration’s handling of Emergency Assistance to Non-Public Schools (EANS) funds. Horne’s communication followed a letter from Hobbs from the week before.
In the initial letter to Horne, Hobbs accused the state’s schools chief of refusing “to follow federal law and transfer unobligated EANS funds from the Coronavirus Response and Relief Supplemental Appropriations Act or cooperate with the Hobbs administration to assist in the disbursement.” The Governor’s Office alleged that “if funds are not obligated by September 30, 2023, Arizona schools will lose nearly $6 million that will be forfeited to the federal government alongside an additional $22 million in September 2024.”
Hobbs said, “For months, Superintendent Horne has played political games while my administration has fought to deliver millions of dollars of funding to Arizona schools. This must end. Horne needs to put his partisan politics aside and do what’s right for the education of Arizona’s children. By not following federal law, Horne is sending a clear message that he believes his politics are more important than giving every Arizona student the education they need to thrive. It’s a gross dereliction of duty and it needs to come to an end, immediately.”
The superintendent didn’t see the situation through the same lenses employed by the governor, informing Hobbs that “Section B-5 of the United States Department of Education’s official guidance for the EANS funds states: ‘By accepting an EANS award from the Department, a Governor automatically designates the SEA (State Education Agency, in this case the Arizona Department of Education) to administer the EANS program. The SEA will be the payee or fiscal agent in G5 for purposes of accessing Federal funds on the date of award.”
Horne revealed that his office had been in contact with the Governor’s team since April 2023 “to collaborate on the best way to ensure these monies are spent in accordance with the law and to avoid reversion of funds to the federal government.” The Republican shared that his June 12th proposal was rejected by Hobbs because of her assertion that “it was in violation of federal law.” Horne argued that his office was “following the guidance” from the U.S. Department of Education in delivering a proposal that made the Arizona Department of Education the designated fiscal agent, and that under his proposal, the governor “would have had decision-making power for the $22 million of undisbursed money.”
Superintendent Horne challenged Hobbs to prove that her stipulation was legal, adding, “If you produce something in writing from the federal government that says that your proposal will be acceptable to them, we will gladly agree to it. In that case, it will be your responsibility to administer the program, and we can wash our hands of it. Alternatively, you can still accept our proposal to make the transaction legal and you will still have decision-making power over the $22 million.”
According to the governor, though, her Office has already received some sort of an endorsement of her proposal from the U.S. Department of Education (USDOE), claiming that “USDOE agreed with our interpretation of federal law and, accordingly, has reverted all EANS funds to our control in the federal grant management system.” Hobbs pointed to a suggestion by USDOE as the path forward to resolving this conflict, which would be “a simple written agreement between our Offices that will enable OSPB to disburse funds to ADE for disbursement to its non-public school grantees.”
Horne ended his letter to Hobbs by expressing dismay over how this situation has deteriorated between the two offices, stating, “There is no reason that a meeting between our staffs could not have worked this out. There is no earthly reason for you to have publicized a personal attack on me over this technical issue that could have been resolved by a meeting of our staffs.”
Last week’s communication from Horne was his second over EANS funds in the past two weeks. After receiving the governor’s letter, Horne issued a lengthy statement to quickly set the record straight. In that statement, Horne said, “Due to her own actions, the governor now needs to take care of this problem, and not pass the buck to the Department of Education inasmuch as she arranged for the federal government to change the fiscal agent from the Department of Education to the governor. The governor arranged with the federal government to be the fiscal agent for this program for private schools. The Arizona Department of Education has no ability to pay anyone for work done, or to authorize further work, because the governor has now become the fiscal agent.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Sep 23, 2023 | News
By Daniel Stefanski |
Amid an already historic crisis at America’s southern border, the Border Patrol Union is sounding major alarms about the consequences being foisted upon Arizona communities.
On September 14, the Border Patrol Union “X” account shared insights on the catch and release of thousands of illegal aliens in southern Arizona, writing, “DHS personnel in Arizona are now using the term ‘freedom runs’ when instructing BP agents about mass releases of illegal aliens in Tucson. There is almost no manpower left for enforcement duties as agents’ calls for assistance go unanswered and the vast majority are tied up with huge numbers of surrendering border crashers. Agents have been instructed to prioritize the processing of surrendering illegal aliens instead of patrolling the border.”
The account added, “And while all this sanctioned lawlessness ties up resources, the murderous cartel thugs continue to run hugely successful border operations while making billions of dollars smuggling missions of illegal aliens, tons of fentanyl and whatever else they want to send here, courtesy of Joe Biden. The Biden Admin will not be satisfied until every last spark of BP agent morale is extinguished.”
The U.S. Department of Homeland Security released official numbers of southern border apprehensions for August late Friday, showing that over 230,000 migrants had been encountered by agents in the field, putting the total number for the Fiscal Year at more than 2,200,000.
A reporter for Fox News confirmed that the “total migrant encounters for FYTD23 have surpassed FY22 total setting a new record” – with one month remaining in the fiscal year.
Arizona State Representative Quang Nguyen has also taken to his “X” account to share reports of chaos and lawlessness from the southern border. Earlier this week, he relayed a memo from someone at the border, which read, “It’s out of control down here! the Border Patrol agents were told to cease all law enforcement operations, no arrests allowed! they are all processing and transporting aliens now. They are dropping off aliens all over town at shopping centers. The Tucson Sector is avg 12,000 apprehensions a week, and that is just the give ups. There are no agents in the field, so all aliens not giving up (the bad ones) are just freely walking north because there are no agents working in the field! The trail cameras across the state are going off non stop with groups, and no agents are allowed to respond. It’s gone! we lost!”
Representative Nguyen followed up with another post on Friday – this one about what the illegal aliens were leaving behind as they made their way into the United States. He said, “Another text from the border today: ‘Trash left behind by the aliens sneaking into this country… OVER 50+ miles north of the border on Arizona State Trust land. Every wash out here is littered with trash.”
The Border Patrol Union also recently opined on the border cartels’ prowess at the border, saying, “Criminal cartels are making billions dumping illegal aliens at places of their choosing along the border & tying up overwhelmed BP resources with ‘asylum’ claims while moving fentanyl and whatever else they want in other places. They own this border. Biden is their best buddy.”
Fentanyl drug seizures have largely increased by U.S. Customs and Border Protection officials in Fiscal Year 2023, with over 25,000 pounds apprehended in the past 11 months – approximately the combined numbers for fiscal years 2021 and 2022 of encountered fentanyl. According to a December 22 article in the Washington Post, “federal agents estimate that they are seizing about 5 to 10 percent of the drugs coming from Mexico – if that much.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Sep 22, 2023 | News
By Daniel Stefanski |
Second Amendment advocates recently had something to cheer thanks to a judicial decision from a federal appeals court.
Earlier this month, the United States Court of Appeals for the Ninth Circuit issued an opinion against the Center for Biological Diversity in a case that featured a legal question over lead ammunition. The United States Forest Service and the National Rifle Association of America were defendants in the matter.
The case has tarried in the judicial system since 2012, bouncing back and forth from the district and appeals court levels. The plaintiffs filed the legal pleadings over their contention that California condors were ingesting and perishing from lead ammunition left behind by hunters in the Kaibab National Forest.
“This NRA victory is a significant setback for gun control and anti-hunting advocates who see ammo bans as a pivotal leap in their agenda,” said Michael Jean, the Director of the Office of Litigation Counsel with the Institute for Legislative Action.
According to the summary of the decision from the Ninth Circuit, “The panel affirmed the district court’s dismissal for failure to state a claim of an action brought by the Center for Biological Diversity and others alleging that the United States Forest Service was liable as a contributor under the Resource Conservation and Recovery Act (RCRA) by failing to regulate the use of lead ammunition by hunters in the Kaibab National Forest in Arizona.” The opinion added, “Although the Forest Service has broad authority to regulate hunting and fishing activities, it rarely exercises its authority to preempt state laws related to hunting and fishing; hunting activities are primarily regulated by the State of Arizona.”
U.S. District Judge Stephen M. McNamee, in his July 2013 ruling, highlighted that even if the plaintiffs received the opinion they were seeking, the California condor might very well still be at risk due to its migration habits. He wrote, “The Court also notes that the behavior and feeding habits of the California condor and other avian species make it unlikely that even if Defendant were to ban lead from being discarded within the KNF, the condor would no longer suffer from the lead poisoning that causes Plaintiffs’ alleged aesthetic injury. The California condor is known for long distance travel. Their longer trips consist of arching loops that reach from eastern Nevada, through southwestern Arizona, to the New Mexico border. They are also known to fly into Utah in pursuit of carrion. The condors could easily fly and subsequently feed outside the borders of the KNF and therefore outside of the area managed by Defendant. Plaintiffs give no indication that any of these other states ban the use of lead ammunition. Because of the extensive range of the California condor, it is likely that those birds that inhabit KNF will travel to those areas in search of carrion and ingest lead ammunition in the same manner as lead ingested within KNF borders.”
In an exclusive interview with AZ Free News, Arizona Representative Austin Smith shared his thoughts on the Court’s opinion, saying, “The recent 9th Circuit decision is an important victory for hunters, sportsman, and shooting enthusiasts across Arizona. I’m pleased to see this attempt to regulate ammunition by the radical gun control and anti-hunting lobby failed. As a 5th generation Arizona hunter and angler, this will serve as great precedence in preserving our Second Amendment and hunting heritage on the Kaibab.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Sep 22, 2023 | News
By Daniel Stefanski |
A former Arizona legislator is running for office again – albeit for a different position than she previously held.
Former State Senator Michelle Ugenti-Rita announced her candidacy for the office of Maricopa County Supervisor for District 2, which is currently occupied by Supervisor Thomas Galvin. Galvin was appointed by the Board of Supervisors when the former officeholder, Steve Chucri, resigned his seat in 2021.
After his appointment, Galvin won his first election in 2022.
Ugenti-Rita came out swinging against her opponent, asserting that District 2 voters “have been deeply disappointed by (Galvin’s) actions while in office. She listed “defending botched elections, fiscal mismanagement (including support for the Prop 400 transportation tax increase) or abdicating his responsibility to the residents in Rio Verde Foothills when they desperately needed a solution for their water problem,” as grievances against Galvin’s short tenure in office.
The former legislator also slammed the Board as a whole, which will likely be a common refrain of her campaign. She wrote, “For too long, the Maricopa County Board of Supervisors has lacked transparency, flown under the radar without accountability and been beholden to entrenched bureaucrats and special interests. It is time to call them what they really are, RINOs, and expose the county cartel that has been facilitating and perpetuating a liberal woke agenda.”
In her lengthy statement, Ugenti-Rita also proved that she would be all too willing to pit her conservative credentials against her perception of Galvin’s, adding, “District 2 is a Republican district and the voters want and deserve a Supervisor who reflects those conservative principles. They are tired of being sold out time and time again when politicians like Galvin who claim to be conservative in order to win their vote, then turn around and support bloated budgets, tax increases and woke gender politics that only succeed in growing government. This stands in stark contrast to my unmatched 12 year record of successfully delivering conservative results to the voters.”
Ugenti-Rita shared that she had garnered the “continued support and endorsement of Congressman David Schweikert” for her race. She included a quote from the U.S. Representative, which read, “Michelle has a stellar and proven record of principled, conservative leadership. I’m confident that she will make an excellent county supervisor. I’m proud to give her my full endorsement and I encourage my fellow Republicans to join me in voting for her in next year’s Republican primary.”
Schweikert wasn’t the only endorsement listed by Ugenti-Rita, who added Arizona State Senators John Kavanagh, Wendy Rogers, and Representatives Joseph Chaplik and Barbara Parker to her roster of early supporters.
The new candidate’s revelation wasn’t viewed favorably with some around Maricopa County. Michael Noble, an Arizona pollster, weighed in on the race, saying, “If you’ve ever met Supervisor Thomas Galvin or seen him perform his job of representing his district, you will find all of the stuff below by Ugenti is complete BS.”
On his campaign website, Galvin lists public safety, inflation, water, elections, economic development, transportation and infrastructure, and Highway US-60 as his priorities. He stated that his “beautiful wife and I are raising a young son who we want to grow up in a successful, prosperous, and safe Maricopa County.”
Galvin’s heart appears to come through strongest when talking about his passion for law and order and augmenting public safety in the county. He wrote, “Arizonans desire freedom, creating good jobs, and a strong economy. I share those values. We must maintain law-and-order in Maricopa County. That is why I am proud that the County has provided additional resources to the Sheriff’s office and the County Attorney’s office so that they have the tools and resources they need to fight crime. Illegal drugs are a scourge in our community. Maricopa County has the highest drug overdose death rate in Arizona. We need to reverse that. We need to stem the rising tide of violent crime.”
The incumbent Supervisor added, “I denounce and reject calls to Defund the Police. That is why I am proud of a budget that enhances law enforcement. And I’m proud to be endorsed by Police.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
