by Daniel Stefanski | Apr 27, 2023 | News
By Daniel Stefanski |
Arizona’s Republican leaders in the Legislature are turning to the U.S. Supreme Court for intervention in a vaccine mandate case.
On Wednesday, the 56th Arizona Legislature filed an Emergency Application to U.S. Supreme Court Justice Elena Kagan for a Vacatur of the Stay Pending Appeal Issued Sua Sponte by the United States Court of Appeals for the Ninth Circuit, involving the Biden Administration’s 2021 COVID-19 vaccine mandate for federal employees and contractors. Last week, the Ninth Circuit Court “reversed the district court’s order granting a permanent injunction and dissolved the President’s ‘Contractor Mandate’ Executive Order requiring federal contractors who worked on or in connection with federal government projects to be vaccinated against COVID-19.” The Legislature’s application seeks to reinstate that injunction, arguing that “because the Federal Respondents did not request a stay below, the Ninth Circuit overreached when it disturbed the status quo and stayed the district court’s injunction sua sponte.”
Senate President Warren Petersen issued the following statement to announce the filing spearheaded by him and House of Representatives Speaker Ben Toma: “We will not allow President Biden to blatantly undermine the will of the Arizona State Legislature in the protections we’ve provided for our citizens to prevent a COVID-19 vaccine mandate from dictating employment opportunities. The Biden Administration has made it clear that they are against any Americans who push back against this vaccine and will abuse their powers in order to force compliance as a stipulation of doing business with the federal government. Arizona will not tolerate this gross government overreach and intrusion of individual liberties. The Legislature’s intervention in this lawsuit against President Biden is critical in protecting the sovereignty of our state and the rights of all Arizonans.”
The case began as Brnovich v Biden, when former Arizona Attorney General Mark Brnovich filed the first lawsuit in the nation against the president’s COVID-19 vaccine mandates. At the time, Brnovich said that “the federal government cannot force people to get the COVID-19 vaccine,” and that “the Biden Administration is once again flouting our laws and precedents to push their radical agenda.” Brnovich’s suit was heard before U.S. District Court Judge Michael Liburdi, who later, in February 2022, issued a permanent injunction against the president’s mandate for federal contractors.
The Legislature’s application makes the case that this mandate is an abuse of President Biden’s authority, writing, “The Contractor Mandate is an unprecedented claim of presidential authority. Before September 2021, the federal government had never mandated vaccinations for the domestic civilian populace. Even as smallpox, polio, and influenza spread throughout the country, vaccine mandates were always viewed as an exercise of the general police power to be exercised by duly elected state legislatures and subdivisions of the States. See generally Zucht v. King, 260 U.S. 174, 176 (1922). Throughout those crises and the COVID-19 pandemic, even Congress with the full authority of Article I—has never mandated vaccination for anyone other than government personnel serving overseas or the military.”
The Arizona Senate Democrats Caucus quickly made it clear that its members were not supportive of this action taken by the Republican leaders, tweeting: “ARIZONA: The @AZSenateGOP changed the Senate rules in January 2023 to ensure that “The President is authorized to bring or assert in any forum on behalf of the Senate any claim or right arising out of any injury to the Senate’s powers or duties under the constitution or laws of this state.” Senate Democrats DO NOT support this & were not consulted about this frivolous use of state funds to take shots are our federal government. The COVID-19 vaccine is safe and saved countless American lives. This is wasteful and could have severe consequences.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 26, 2023 | News
By Daniel Stefanski |
A controversial veto from Arizona’s Democrat Governor failed to garner the necessary votes for an attempted override from the state legislature.
On Tuesday, the Arizona House voted on the question of whether to override Governor Katie Hobbs’ veto of HB 2509, which was originally sponsored by Representative Travis Grantham. The proposal dealt with the sale and preparation of cottage food – and was coined as the Tamale Bill after the increased exposure due to the governor’s action.
The veto override failed to pass by five votes with a vote of 35-23, with one member not voting (Representative Shah) and one seat vacant.
Earlier this session, HB 2509 garnered 52 votes when it first passed the Arizona House, and 26 votes in the Senate, which amended the bill and sent it back to the House. The bill then obtained final clearance from the House with 45 votes before being transmitted to the Governor’s Office.
After the vote, Senator T.J. Shope released a statement, expressing his disappointment in the inability of the House to do its part to override the veto, saying, “Sadly, the men and women making an honest living by selling homemade foods, like tamales, will continue to be criminalized for doing so because of @GovernorHobbs vetoing HB2509 and a majority of Democrats who previously voted for the bill, refusing to override her veto in the House. I’m proud of the five Democrats who joined all 30 @AZHouseGOP members in the veto override attempt. What can be said of the others who originally voted YES on the bill and then chose to be cowards in the face of pressure from the Governor? As my mom & nana would say, ¡Qué vergüenza!”
The bill’s sponsor, Grantham, told AZ Free News, “It’s sad to see Democrats pick special interests and the Governor over their constituents. The vote was 52-8 one week ago and today the veto override failed. We only needed 40 votes. I’m heartbroken for the cottage food preparers who aren’t going to be allowed to exercise their basic freedoms because of partisan politics being played by this Democrat governor and her supporters in the house.”
Both supporters and opponents of the override held dueling press conferences outside of the House chamber earlier in the day in an attempt to control the narrative over the fate of the bill. The Arizona Senate Republican Caucus tweeted, “Men and women making an honest living by selling homemade foods, like tamales, should not be criminalized for doing so. This bipartisan group of lawmakers is calling on their colleagues to override Hobbs veto of HB2509 today, which passed out of both chambers with supermajority support. Any Democrats who change their vote today are doing so to save Hobbs from embarrassment, and not because they want to do the right thing for their constituents.”
And the Arizona Senate Democrats Caucus sent out a tweet to highlight its press conference in opposition to the override: “HAPPENING NOW: Senator @ahernandezfor24 stands with Legislative Democrats to give Arizonans real solutions. “The individuals currently pushing this surface level narrative don’t care about the families making tamales or traditions that my community hold close to the heart. If they did, they would have backed policy made IN Arizona FOR Arizona.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 25, 2023 | News
By Daniel Stefanski |
As the Republican-led Arizona Legislature and Democrat Governor Katie Hobbs inch closer toward a deadline for the next budget, one state lawmaker is setting the record straight on the status of negotiations.
On Monday, Arizona Senate President Warren Petersen issued a press release, outlining the budget negotiations saga throughout this legislative session.
Petersen began with the passage of the budget by Senate Republicans on February 1: “Back on February 1, Senate Republicans passed a budget proposal that would have provided certainty to our citizens and state agencies. The budget maintained current funding levels and operations in state government to assure schools would remain open, health services would continue, roads would be maintained, public safety would be funded, and so forth. Every Democrat voted against the proposal. Subsequently, on February 16, the Governor called it a “do nothing budget” and vetoed the plan. The fact of the matter is the budget did a lot. Included in this budget was not only funding for the next fiscal year, but supplemental funding for several state agencies. Consequently, those agencies will soon run out of money prior to the next fiscal year.”
The Senate President did not hold back when summing up the governor’s decision to veto this budget, saying, “A reasonable governor would have signed the budget and negotiated how to spend the surplus funds separately. A wise governor would have, at a minimum, line itemed everything except for the current year supplemental funding, ensuring that the Arizona Health Care Cost Containment System, Arizona’s K-12 public schools, and the Arizona State Hospital system had enough money to make it through the next few months. Chalk it up to inexperience. Her senseless veto means all are at risk.”
As the release continues, it remains apparent how much Arizona Republicans have sought to bridge the gaps with their colleagues from the other side of the political aisle – and Governor Hobbs: “Despite Hobbs’ error, Republicans immediately began to build a new budget. On March 2, the Senate Appropriations Chairman emailed all members of the Senate, requesting a list of their priorities for consideration in a new budget proposal. Room was included for reasonable requests from both Republicans and Democrats. The Republicans provided their priorities within a matter of days. Their reasonable, non-partisan priorities have been included in the budget. The Democrats provided no response until March 16, when the Minority Leader stated her Caucus would not provide their feedback for a month. Despite the lack of cooperation and leadership from the Democrat Caucus, President Petersen and House Speaker Ben Toma met with the Governor on March 20 to agree on ground rules to accomplish a second bipartisan budget proposal. Since then, frequent meetings have taken place with the Governor’s office to come up with a consensus on how to best appropriate funds. The Governor’s priorities are being negotiated, as are the Republicans’ priorities. Unfortunately, the Democrats have still not provided their requests.”
Petersen issued a direct warning about the state of the state’s finances, writing: “”We are, just weeks away from some government agencies running out of funding because legislative Democrats are stalling. I’m confident we would have already passed a budget had the Democrats spent the last seven weeks negotiating the budget with us, in good faith.”
Last week, after a slew of vetoes from her office, Hobbs attempted to justify her contention with the Republicans in the Legislature, stating, “I promised to deliver sanity, not chaos in the governor’s office and I am delivering. I will gladly work with anybody who will be a partner in addressing the real problems Arizonans face, but I refuse to play political games with our state government. I’m proud of the bipartisan accomplishments we have achieved and encourage leaders in our legislature to continue to come together and pass real solutions that will grow jobs, build roads and bridges, invest in education, and deal with our water crisis.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 25, 2023 | News
By Daniel Stefanski |
Arizona legislative Democrats are facing increasing pressure over Democrat Governor Katie Hobbs’ shocking decision to veto an overwhelmingly bipartisan bill – and an upcoming vote this week to override that veto in both chambers.
On Sunday, the National Hispanic Caucus of State Legislators (NHCSL) wrote a letter to Senate President Warren Petersen and House Speaker Ben Toma, announcing their support for HB 2509 and for legislators’ “efforts to override the Governor’s veto.”
Last week, Governor Hobbs vetoed HB 2509, sponsored by Representative Travis Grantham, which deals with the sale and food preparation of cottage food – and now known as the Tamale Bill.
In her veto letter to the Arizona Legislature, Hobbs explained the reasoning behind her decision, writing, “This bill would significantly increase the risk of food-borne illness by expanding the ability of cottage food vendors to sell high-risk foods. It fails to establish sufficient minimum standards for inspection or certification of home-based food businesses, and could limit the ability of ADHS to investigate food-borne disease outbreaks. Nor does it provide a strong enough mechanism to ensure home kitchens are free of hazardous chemicals, rodent or insect infestation, or that equipment and storage of temperature-sensitive foods are adequate.”
Hobbs’ veto immediately drew bipartisan outrage, and legislative leaders plotted the path forward for veto overrides for this proposal. HB 2509 garnered 52 votes when it first passed the Arizona House, and 26 votes in the Senate – which amended the bill and sent it back to the House. The bill then obtained final clearance from the House with 45 votes before being transmitted to the Governor’s Office.
In her letter to the Arizona Legislature, NHCSL President Nellie Pou wrote, “For many Hispanic populations, selling homemade food is a family tradition passed down from generation to generation. Many low-income Americans need it to supplement their income in the face of disparities. It is a way to break the cycle of poverty. Today’s homemade food producers are tomorrow’s restaurant or nationwide prepared foods business owners….In Arizona this is especially important due to the significant Hispanic population and even more important to those who qualify under DACA or asylum seekers who have limited options when it comes to work.”
The NHCSL President did not hold back on Hobbs’ veto of this bill, saying, “By signing this bill, the Governor had an opportunity to support the Hispanic community and personal freedom that should be accessible to everyone. Our community should not fear legal repercussions for selling their homemade foods and we urge Arizona Legislators to do what is right and override her veto.”
As of now, it does not appear like the Legislature has enough votes to override the Governor’s veto on HB 2509. Even after providing a significant number of votes in both the House and Senate to send this legislature to Hobbs’ desk in the first place, Democrats have been reticent to sign on to the attempts to reverse the governor’s decision. Last week, the Senate Democratic Caucus issued a joint statement from its leadership team, announcing that “Senate Democrats will not be providing the required votes needed to override Governor Hobbs’ veto of HB 2509.”
The Senate Democratic leadership team added, “The bill, which we recognize has some benefits, also has some concerns brought forward by health advocates after the final vote. Our promise to Arizona is that we work to enact the best policy to protect consumers and sellers. As a Caucus, we stand ready to work with stakeholders to craft a bill, which could still be considered this session if Republican Leadership demonstrated that it is serious about addressing this issue. We were elected to solve the problems that are facing Arizonans daily, not to engage in political power struggles. It is our duty to serve the people and ensure that their voices are heard, and we are committed to fulfilling this responsibility with the utmost sincerity and diligence.”
The change of heart from some Senate Democrats who previously voted for the bill has not been lost on other neutral observers. Arizona Republic columnist Laurie Roberts wrote Monday that she doesn’t buy the statement released by the Senate Democrats’ leadership team, saying, “Senate Democrats’ change of heart on the tamale bill isn’t about protecting the people from imagined illness. It is all about protecting a governor from embarrassment.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Apr 24, 2023 | News
By Daniel Stefanski |
Just days after a powerful Arizona government watchdog group threatened possible legal action, the City of Phoenix repealed a controversial ordinance that had passed the previous month.
On Wednesday, the Phoenix City Council voted to repeal the prevailing wage ordinance, 6-3, after a change of two councilmembers. Councilmembers Kesha Hodge Washington, Jim Waring, Ann O’Brien, Kevin Robinson, Debra Stark, and Mayor Kate Gallego voted for the repeal; while Councilmembers Yassamin Ansari, Laura Pastor, and Betty Guardado voted to maintain the ordinance.
After the vote, Mayor Gallego took to Twitter to explain her decision, writing, “Workers deserve a living wage – and we can deliver that through a robust, public process that doesn’t put the city in legal and financial jeopardy. That’s why I voted with a majority of Council to direct city staff to find legally viable ways to increase wages on city projects. I believe in doing things the right way, not the fast way, and that’s what we decided to do today. I am optimistic that we will find a path forward for better pay for construction workers while, at the same time, put sound policy on the books that survives legal challenges.”
The Goldwater Institute, which had sent a letter to the Council earlier in the month, championed the news out of Phoenix. John Thorpe, a staff attorney with Goldwater, stated, “Yesterday’s repeal is good news for businesses, their employees, and all taxpayers – and it’s a reminder that Goldwater will never stop fighting to hold government accountable and to defend Americans’ economic freedom from burdensome, counterproductive regulations.”
Thorpe wrote that the ‘Prevailing Wage Ordinance for City Projects’ law, “introduced on short notice with almost no chance for public scrutiny from anyone it would impact, required businesses that contract with the city for construction projects costing more than $250,000 to follow a slew of new requirements: they would have had to provide their employees with wages and benefits based on complicated formulas produced by the federal government, keep painstaking records, and comply with a host of other rules and regulations. Worse still, all these regulations came with the risk of heavy fines and potentially crippling lawsuits, even for minor infractions.”
On March 21, three Phoenix City Councilmembers – Carlos Garcia, Betty Guardado, and Laura Pastor, sent a letter to City Manager Jeff Barton, requesting a Special Meeting the following day to consider the Prevailing Wage Ordinance for City Projects. The three councilmembers wrote, “We believe it is time for leadership to address the lack of skilled construction workers needed to fill the rising demand for labor in Phoenix. We know that areas of the country with prevailing wages for city projects have a greater supply of apprentices and pathways for young people to find and join a skilled trade. A prevailing wage ordinance for city projects will ensure that our development growth is matched with the skilled labor we urgently need when we invest in the growth of our communities.”
The next day, the Ordinance was approved by a vote of 5-4. Councilmembers Garcia, Guardado, Pastor, Sal DiCiccio, and Yassamin Ansari voted in favor of the Ordinance. Garcia and DiCiccio have since left the Phoenix City Council, being replaced by Kevin Robinson and Kesha Hodge Washington.
On April 13, the Goldwater Institute, representing the Arizona Builders Alliance and the Associated Minority Contractors of Arizona, sent a letter to the Phoenix City Council to “express serious concerns” about the Ordinance passed on March 22. Thorpe, writing again for Goldwater, informed the City that if “the enacted version of the ordinance regulates matters that are expressly pre-empted by state law, it exposes the City to a high risk of litigation.” Thorpe outlined that “when the Legislature enacts a law on a matter of statewide concern, that law pre-empts and overrides any conflicting municipal provision. In this instance, voter-approved state law dating back to 1984 expressly provides that ‘prevailing wage’ requirements for public works contractors are a matter of statewide concern and may not be imposed by municipalities.”
Thorpe also found “it troubling that this ordinance was enacted after providing the public barely twenty-four hours’ notice and without any meaningful input from the many stakeholders it will affect.” He also pointed out that “the final version (of the ordinance) enacted by the Council has not yet been made publicly available,” which he questioned the existence of “any legal authority the City possesses to withhold a duly enacted ordinance from public inspection.”
Democrat Senator Catherine Miranda also waded into the discussion on the City of Phoenix’s action in March, submitting a 1487 request to Arizona Attorney General Kris Mayes on April 17, to “clarify the apparent conflict between two statutes and consequently determine whether Phoenix has the authority to enact prevailing wage at the municipal level.”
Before the new coalition voted to repeal the Prevailing Wage Ordinance, another Democrat Senator, Anna Hernandez, voiced her disapproval with Mayor Gallego’s pending action, tweeting, “(Mayor Gallego) is once again turning her back on our union brothers and sisters.” Hernandez also shared an excerpt from a questionnaire that Gallego filled out during her mayoral run, where she wrote, “At the end of the day, prevailing wage laws are good for working families in the city of Phoenix and I will do what I can to support the enforcement of federal prevailing wage law, and advocate for a reintroduction of Arizona’s state or city prevailing wage law.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
