Goldwater Institute Sues Payson For “Emergency Clause” In Bond Measure

Goldwater Institute Sues Payson For “Emergency Clause” In Bond Measure

By Matthew Holloway |

The Payson Town Council’s August decision to incur a $70 million debt via a bond measure approved without a public referendum has triggered a lawsuit from concerned residents with the assistance of the Goldwater Institute. Goldwater is assisting resident Deborah Rose to challenge the measure despite the Town’s claimed legal pretext of an “emergency” to counter efforts from the public to stop it.

John Thorpe, a Goldwater attorney representing Deborah explained, “Our leaders want our money, but not our vote. They’re trying to take advantage of legal loopholes to saddle their own constituents with tens of millions of dollars of debt, systematically stripping power from the people by ignoring laws and twisting their truths.”

As noted by the Payson Roundup, the lawsuit seeks to block the bond resolution by arguing that no legal emergency actually exists. However, the outlet reported Payson Town Attorney Jon Paladini scoffed at the lawsuit as “specious,” and claimed it would be dismissed quickly. He told the outlet, “Bottom line is that the courts are prohibited from second guessing a legislative body like the council — a slew of cases tell us that. It’s about as close to being frivolous as we’ve seen.”

The use of the city’s emergency clause with a 6-1 vote forced the bond sale into immediate effect and brushed aside the typical 30-day period voters would have to gather signatures to force a vote.

The alleged justification for the “emergency” comes from speculation that at an upcoming meeting of the Federal Reserve, the Fed is expected to reduce interest rates by a quarter or half-point which would lower the interest rates the town would pay. 

Thorpe argued that, “Government officials’ efforts to time the market, based on pure speculation about financial trends, is not an ‘emergency,’” and added that this use of the “emergency clause” violates the Arizona constitutional right to organize a referendum and vote on it.

“The so-called ‘emergency’ here is nothing more than town officials’ apparent belief that interest rates might rise in coming months, and that they’ll secure slightly better municipal bond terms now than they could in 30 days if they gave residents the opportunity to organize a referendum,” 

He wrote, “When the council approved the bond measure, it slipped in an ’emergency clause,’ stating that the measure would go into effect immediately, without letting residents who might oppose the measure organize a referendum and put the issue to a vote. But the Arizona Constitution guarantees the right of referendum: the right of Arizonans to circulate petitions and refer bills, ordinances, and resolutions for a popular vote. It’s a cornerstone of democratic accountability in Arizona, and it means that the people—not politicians—have the last word in state and local government.

The Payson Town Council is trying to bypass that safeguard and short-circuit the democratic process using a legal loophole: a narrow exception allowing cities and towns to enact emergency measures without waiting for a referendum when such measures are ‘necessary for the immediate preservation of the peace, health or safety of the city or town.’ The so-called ’emergency’ here is nothing more than town officials’ apparent belief that interest rates might rise in coming months, and that they’ll secure slightly better municipal bond terms now than they could in 30 days if they gave residents the opportunity to organize a referendum.”

Paladini maintains that the bond sale measure meets the emergency clause designation and therefore the bonds for such general town projects as “a community and swim center, hiking trails and trailheads, covered event center to lure conventions,” and “upgrades to Main Street to create a business and entertainment district,” “improvements to streets and to public facilities like the police station and fire stations,” according to the Roundup, all constitute “emergency” spending. As noted in the Roundup, nearly all bond sales rely upon the “emergency clause” to sidestep the possibility of blocking them through referendum.

Should the Goldwater lawsuit succeed, it would enforce the standard that voters can in fact challenge bond measures as intended under the Arizona Constitution.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

New Report Warns Of Job Losses, Massive Economic Costs With Glendale’s Prop 499

New Report Warns Of Job Losses, Massive Economic Costs With Glendale’s Prop 499

By Matthew Holloway |

The Common Sense Institute of Arizona (CSI) released a report Wednesday which outlines the implications and economic impact of the City of Glendale’s far-reaching “Hotel and Event Center Minimum Wage Protection Act” (Prop 499). The act is set to be considered by voters on November 5.

The initiative, launched by the non-profit organization “Worker Power Political Action Committee,” has been challenged by the City of Glendale on the basis that it violates the State of Arizona’s “Single Subject Rule” limiting initiatives to act upon a single issue, The case is now headed to the State Supreme Court according to AZ Central.

The report from CSI Arizona details that the initiative, if it becomes law, would mandate that hotel and event center employers pay their staff a minimum of $20 per hour, and places narrow restrictions on the duties they may perform and the duration for which they may perform them. As Brunner explains, “For example, it prescribes how many square feet can be cleaned in a hotel before the employer is required to pay twice the room attendants’ regular rate of pay for each hour worked during that workday, and establishes new requirements on how Hotel and Accommodation firms treat certain revenues and records.”

The act would furthermore require the City of Glendale to create an entirely new enforcement division in order to enforce the mandate and hire staff to conduct investigations. It would also price non-union labor out of the market per the report.

The CSI found that the new law, if enacted, would, “reduce Gross Domestic Product (GDP) in Glendale by between $120 million and $1.9 billion.” Given that the city’s event and accommodation industries account for approximately 8.2% of Glendale’s entire economy, the blow to the city’s tax base could be severe.

“Depending on how the industry responds to the new policies, between 1,700 and 32,000 Glendale jobs could be impacted. Impacts will range from the elimination of existing jobs subject to the new rules, to reduced work hours, to the movement of jobs outside the city. How much of each and when will determine where things fall in this range.”

In a post to X, the CSI explained, “The Minimum Wage Act would impose significant costs on the city of Glendale, requiring the creation of a new Department of Labor Standards to enforce the Act’s provisions. CSI estimates the city would need to spend $995,000 to $1.9 million annually to manage these new requirements.”

Compellingly, the CSI report referecnces similar policies put in place around the country as “instructive examples,” of the likely ramifications of enacting the restrictive law.

“This year California instituted a $20 per hour minimum wage for fast food workers leading restaurant owners to reduce staff hours, lay off part-time staffers, and limit overtime pay. Also this year, Long Beach, CA passed a ballot initiative instituting a $23 per hour minimum wage for hotel workers. On the consideration of increasing hotel and airport workers’ minimum wage to $25 per hour, the President of the Valley Industry and Commerce Association said ‘increasing the hourly wage by $6 or $7 this year alone could cost an employer about $14,000 more per worker.’ For Arizona to pass a $20 minimum wage for hotel and event center workers in Glendale, it could cost employers up to $10,756 per affected worker -through a combination of either direct increased wage costs or efficiency losses as employers mitigate the impacts by reducing staff, cutting hours, or moving business activity. Much of this cost will likely be passed onto consumers in the form of higher prices and increased fees (as has been the case in California). This may further incentivize both customers and operators to seek alternatives outside the city.”

With Glendale and the city’s businesses banking heavily on the much ballyhooed Mattel Adventure Park at the VAI Resort set to open in late 2024, according to a park representative, and the growing impact of the Westgate Entertainment District and State Farm Arena on the local economy, the impacts of this measure could be devastating.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Corporation Commission Approves Above-Ground Midtown Reliability Project In Tucson

Corporation Commission Approves Above-Ground Midtown Reliability Project In Tucson

By Matthew Holloway |

During its meeting on September 5th, the Arizona Corporation Commission (ACC), led by Republican Commissioner Nick Myers, voted unanimously to approve a Certificate of Environmental Compatibility (CEC) allowing the Midtown Reliability Project of the Tucson Electric Power (TEP) company to move forward.

The project is a comprehensive upgrade to the now-overloaded 46 kV high-voltage transmission lines that run through midtown Tucson to a “more flexible, higher voltage” 138 kV monopole line above ground, according to a press release from the Commission.

A major controversy unfolded with some in Tucson calling upon the ACC to select a partially underground routing that would increase the cost of the project by millions of dollars and meet the expense through an end-user fee.

Commissioner Myers commented after the vote, “I understand why some Tucson residents would want this project constructed below ground. However, constructing the project below ground is not needed for safety, reliability or other utility operational reasons; therefore, it is not acceptable for all TEP customers to shoulder the $67 million cost for undergrounding the project.”

He added, “I am pleased the Commission approved this important grid-reliability project, while at the same time protecting TEP customers from unnecessary undergrounding expenses.”

In a corresponding press release, TEP explained, “The ACC voted unanimously today to authorize above-ground construction along TEP’s preferred route for the project, which primarily follows West Grant Road, North Park Avenue, Euclid Avenue and East 36th Street to link two TEP substations to the planned Vine Substation north of the University of Arizona campus. The ACC also authorized construction along an alternative route. An interactive map of the approved corridors can be viewed online.”

The utility added a timeframe saying, “With growing energy demands nearly reaching the capacity of existing, lower-voltage facilities, TEP will work to complete the transmission line and substation by the summer of 2027 to maintain service reliability.”

Myers’ fellow Republican, ACC Chairman Jim O’Connor, told KOLD, “A big kudo to the parties for finding a solution that will enable this project to move forward. This transmission project will further enhance reliability and modernize a critical portion of our electric grid in Tucson.”

The local outlet noted that a sticking point for the project has been pushback from the midtown community and many advocating for subterranean lines. In 2023, KOLD’s Jack Cooper wrote in a post to X that the opposition to the above-ground routing were “worried about property values and want the lines buried.” However, as the ACC noted in its release, “The Commission unanimously decided to protect ratepayers from that financial impact.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Rep. Crane’s Subterranean Border Defense Act Passes

Rep. Crane’s Subterranean Border Defense Act Passes

By Matthew Holloway |

The Subterranean Border Defense Act spearheaded by Congressmen Eli Crane (R-AZ) and Lou Correa (D-CA) was passed in the House of Representatives. It now moves to the Senate where, if passed and signed into law, it would require the federal government to strengthen our border defenses through a layered system and produce annual reports to Congress on operations to counteract cross-border tunneling.

A statement released by Crane’s office warned, “As Transnational Criminal Organizations continue to grow in both size and sophistication, illicit cross-border tunnels along the southwest border of the United States represent a significant and growing threat to national security.”

“The Subterranean Border Defense Act would help Congress address the growing threat of illicit cross-border tunnels by requiring the submission of annual reports on counter tunneling operations, fortifying our security system at the border.”

According to Crane, since 1990 border officials have uncovered over 140 subterranean tunnels traversing and undermining the U.S. Southern border with Mexico with the smuggling activity through this method increasing by 80 percent since 2008 and the Obama Administration.

Rep. Crane explained, “Passage of this bill is a massive win for our security. The Biden-Harris Administration has eagerly dismantled our border, leaving Americans inexcusably vulnerable. This legislation would help counter that by making sure Congress has the info we need to address the deadly threat of cross-border tunnels. I’m grateful to Chairman Green for his support of my bill and for his distinguished leadership of the Homeland Security Committee.”

As reported by Border Report in July, a vacant lot used by food trucks in Tijuana was recently under heavy surveillance by Mexico’s National Guard and other law enforcement agencies after investigators said unidentified individuals were spotted digging several suspected drug tunnels on the property. One of the shafts reportedly connected to an existing tunnel that led under the border into the U.S. The northern terminus of the tunnel is not publicly known, but it reportedly leads to an area near the commercial side of the Otay Mesa Port of Entry.

As recently as February, an official release from U.S. Immigration and Customs Enforcement revealed that a tunnels system was located and shut down in Nogales, Arizona, which straddles the border with the Mexican city of Heroica Nogales, Sonora.

The report stated, “Department of Homeland Security agents and their counterparts from the Mexican Federal Police (SSP) entered both ends of the tunnel simultaneously early Thursday morning. No people were found, but SSP officers seized 550 pounds of bundled marijuana discovered inside.”

The tunnel was believed to be just a week old before being shut down by U.S. and Mexican authorities and was approximately 110 feet long. It averaged two feet wide and two feet tall with limited wooden braces and ran approximately 5 feet under the surface. In the report, ICE stated that federal authorities have shut down 22 completed cross-border tunnels in the Nogales area alone over the last three years.

In a statement from the House Committee on Homeland Security, Chairman Rep. Mark Green (R-TN) said, “The House of Representatives also passed two more Committee bills to combat Communist China’s deadly fentanyl supply chain across our Southwest border, which Beijing accomplishes with the help of criminal cartels. I’m proud of Congressmen LaLota and Crane’s leadership introducing bills to improve fentanyl interdiction and DHS’ mission to counter the insidious tunnels cartels often use to smuggle this poisonous drug––both commonsense pieces of legislation to close DHS capability gaps and help save lives amid this historic border crisis. I urge the Senate to take up and pass these measures without delay to combat the influence of our greatest geopolitical adversary.”

In a post to X sharing his comments on the Cross-Border Tunnel Report, Crane wrote, “My bipartisan bill would help Congress address the growing threat of illicit cross-border tunnels by requiring the submission of annual reports on counter tunneling operations, fortifying our security system at the border. Put simply, this legislation would help ensure that Congress has the necessary data to forge another much-needed layer of defense.”

The bill, H.R. 7404, was cosponsored by a dozen Republicans including Arizona Reps. Andy Biggs and Paul Gosar, Texas Congressmen Morgan Lutrell, Michael McCaul, and August Pfluger, as well as Rep. Clay Higgins of Louisiana. In addition to Correa, the bill was cosponsored by Democrat Rep. Shri Thanedar of Michigan.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

AZGOP Billboard Features Message To ‘EAT LESS KITTENS’

AZGOP Billboard Features Message To ‘EAT LESS KITTENS’

By Matthew Holloway |

A new, and wildly controversial billboard has appeared in several places around Phoenix, echoing the well-known advertising of Chick-fil-A’s ‘Eat Mor Chikin.’ The billboard features kittens in cow costumes bearing the message: “EAT LESS KITTENS —  VOTE REPUBLICAN,” courtesy of the AZGOP.

Fueled by reports from concerned citizens alleging to authorities that Haitian illegal immigrants are beheading local ducks for food, and perpetuated by memes citing a Canton, Ohio, woman (later determined to be American) killing and eating a neighbor’s cat, the internet has brought massive public attention to the plight of Springfield, Ohio, residents from the flood of illegal immigration in recent days.

The wave of internet memes calling out the Biden-Harris administration’s illegal immigration policy has been tapped into by the likes of Elon Musk, former President Donald Trump, and Sen. JD Vance.

All of this, of course, led to the billboards.

In posts to social media, the AZGOP wrote, “’EAT LESS KITTENS – Vote Republican!’ This campaign highlights just how horrific things have become under the failed policies of ‘Border Czar’ Kamala Harris. President Trump is committed to securing our borders and ensuring that what we’ve seen elsewhere does not become the norm in our country. If you’re driving in Phoenix, keep an eye out for it!”

In a statement made available to AZ Free News, the AZGOP wrote:

“The AZGOP has launched a new billboard campaign ahead of President Trump’s visit to the state this Thursday, calling attention to the urgent need for border security and the dangers of unchecked illegal immigration.

The eye-catching billboard reads, “EAT LESS KITTENS – Vote Republican!”, due to recent shocking reports from Ohio where Haitian migrants have been allegedly caught eating house pets, ducks, and other animals off the streets.

Communities across the nation have been rattled by disturbing stories involving illegal migrants and unsafe, unthinkable behavior that has no place in American towns. The AZGOP’s latest billboard is a humorous, but sobering reminder of the stakes involved in the fight for secure borders and safe communities.”

“We’re not going to sit idly by while our communities are overrun by tens of thousands of ‘newcomers’ imported by Kamala Harris who have no interest in assimilating into our culture and have no regard for the laws of the United States,” said AZGOP Chair Gina Swoboda.

“Our newest billboard highlights just how horrific things have become under the failed policies of ‘Border Czar’ Kamala Harris. President Trump is committed to securing our borders and ensuring that what we’ve seen elsewhere does not become the norm in our country.”

We, the people, are tired of lawlessness and want a return to common sense at our borders. With President Trump’s visit to Arizona just days away, this billboard campaign will serve as a reminder that it’s time for real leadership that puts America first.”

Responses to the billboards and the memes have propelled the message even further going into the Trump-Harris debate with Democrat Congressman Eric Swalwell taking time during a House Judiciary Committee hearing to castigate Republican Jim Jordan of Ohio for sharing one of them in what could only be described as a badly acted out, performative ‘meltdown’.

Critics online and in Congress seem to be oblivious to the tongue-in-cheek nature of the memes and billboard ads which, while obviously hyperbolic, do point to a genuine concern that runaway illegal immigration is eroding the quality of life of hundreds of thousands of Americans. It’s fascinating to watch so many prominent figures and everyday people alike simultaneously fail to get the joke, or see the forest for the trees.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.