Court Rules ‘Prevailing Wage’ Ordinances Illegal In Phoenix And Tucson

Court Rules ‘Prevailing Wage’ Ordinances Illegal In Phoenix And Tucson

By Matthew Holloway |

The Arizona Court of Appeals has ruled that prevailing wage ordinances enacted by the cities of Phoenix and Tucson violate state law, ruling in favor of the Associated Minority Contractors of Arizona, represented by the Goldwater Institute in a lawsuit challenging those laws.

The decision holds that local ordinances requiring contractors on certain public works projects to pay “prevailing wages” are prohibited under a 1984 state statute, A.R.S. § 34-321(B), that forbids cities from imposing prevailing wage requirements. The appellate court affirmed the lower court’s judgment that the ordinances conflict with state law.

Goldwater’s lawsuit was brought on behalf of the Associated Minority Contractors of Arizona, the Arizona Builders Alliance, and the Arizona Chapter of the Associated General Contractors of America, who argued that the ordinances exceeded cities’ authority under Arizona statute.

In a statement, Timothy Sandefur, Vice President for Legal Affairs at the Goldwater Institute, said, “The real winners in today’s ruling are Arizona taxpayers—as the court itself made clear.”

Sandefur then quoted the court’s language, writing: “The Cities’ interpretation would grant the Cities broad power. With that power, the Cities could dictate how much any employer pays any employee anytime an employer contracts or subcontracts with the Cities. Put differently, the Cities by ordinance could dictate pay whenever an employee works under a public contract, regardless of the contract’s value or the nature of the work performed.”

He added, “That, of course, would cost taxpayers more—reducing their freedom of choice and their ability to invest in their own futures—all for the benefit of politicians and politically well-connected lobbyists.”

In a post to X, he wrote, “The decision’s an important victory for taxpayers throughout the state, who’d otherwise be forced to pay inflated prices for public works projects even though a state law approved by voters abolished ‘prevailing wages’ over 40 yrs ago.”

Prevailing wage laws, distinct from minimum wage laws, require employers on public contracts to pay workers based on wage rates calculated by formula, often higher than standard minimum wages. The 1984 state law expressly prohibits cities from requiring public works contracts to include prevailing wage provisions.

In the case before the appellate court, Phoenix and Tucson had passed ordinances applying prevailing wage rates to city contracts exceeding defined monetary thresholds, $4 million for Phoenix and $2 million in Tucson, and set wage requirements by reference to federal Davis-Bacon Act wage schedules.

Attorneys for the cities had argued that subsequent voter-approved minimum wage measures, including the 2006 voter-approved Minimum Wage Act and subsequent amendments, allowed local governments to regulate minimum wages and thus could support prevailing wage requirements. The court rejected that interpretation, finding that the statutory authority for cities to regulate minimum wage does not extend to prevailing wage mandates.

In its ruling, the appellate panel wrote that prevailing wage provisions do not qualify as “minimum wages” under the relevant Arizona statutes, noting that prevailing wage requirements apply only to a subset of workers on specific public contracts, whereas minimum wage laws apply generally to all employees once employed.

“Section 34-321(B) prohibits political subdivisions from requiring contractors or subcontractors to pay the prevailing rate of wages on public works contracts,” the court wrote. The panel further held that Phoenix’s and Tucson’s ordinances “conflict with § 34-321(B) and are therefore invalid.”

The court concluded that the 1984 prohibition on prevailing wage requirements remains in effect and was not repealed by later minimum wage laws, determining that the newer statutes and the prevailing wage prohibition can coexist without conflict.

“The Local Permission Provision authorizes regulation of minimum wages,” the court wrote, referring to § 23-364(I). “Prevailing wages are not minimum wages.”

Prevailing wage ordinances have been the subject of multiple legal challenges in Arizona. In 2024, a Maricopa County Superior Court judge similarly ruled against prevailing wage ordinances in Phoenix and Tucson, finding they violated the same state prohibition.

The appellate decision affects not only Phoenix and Tucson but also any Arizona city considering similar prevailing wage mandates under state law, consistent with the court’s interpretation of A.R.S. § 34-321(B) on municipal wage-setting authority for public works contracts.

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.

Bill To Allow Voters To Choose Photo Radar Passes Senate

Bill To Allow Voters To Choose Photo Radar Passes Senate

By Staff Reporter |

The Arizona Senate passed legislation to allow voters to decide whether or not they have photo radar. 

SCR 1004 would allow voters to decide whether they should be the ones to decide on photo radar installations in their communities. If passed and approved, jurisdictions with photo radar would need to receive voter approval or shut that form of automated policing down within 90 days. The bill passed with all Republicans in support and all Democrats against. 

Sen. Wendy Rogers (R-LD7), who is behind the bill, says Arizonans should have the final say on installations of photo radar in their communities. 

“Arizonans deserve a direct voice in whether automated ticketing systems operate in their communities,” said Rogers. “This measure restores accountability and makes sure enforcement decisions are made by voters specific to each town or city, not outsourced systems that many residents believe prioritize fines over fairness. If these programs truly have public support, they should be able to earn it at the ballot box.”

Rogers previously got a bill through the legislature to ban photo radar. Gov. Katie Hobbs vetoed that bill. 

Several citizens spoke in favor of the bill. 

Among them was Shawn Dow, who referenced in his testimony an investigative report that $140 million went to political candidates from the 11 percent cut of photo radar tickets, and that in one case the city of Mesa was forging judge signatures on photo radar tickets. 

In the latter instance, the city continued using autopen signatures for judges who retired months before. 

“This is unconscionable that you are taking $140 million and taking it and putting it into your campaign coffers,” said Dow. 

Mesa issued a notification that they wouldn’t issue notices to the recipients of forged autopen tickets, nor would they dismiss them. Mesa’s assistant city manager, Ken Cost, told AZ Family last month that the judges’ signatures were ornamental. 

“It’s legally valid. The name is inconsequential. Totally understand where people are coming with their concern, but people need to understand their tickets were valid in the city of Mesa,” said Cost. “It was a process error, not a legal error.”

Not all were on board with how the original form of the bill would have empowered voters to decide on photo radar statewide. An approved amendment to the bill does allow local authorities and state agencies to implement photo enforcement systems by December 2026, but would require local voter approval every 10 years. 

Police leadership from Phoenix, Paradise Valley, Mesa, and Scottsdale urged lawmakers to allow more room for voter input. 

Commander Nick Diponzio with the Phoenix Police Department explained to the committee that law enforcement relies on photo radar due to the ongoing officer shortage. 

“Ideally, I would have a motor officer on every corner. However, during these challenging times technology can serve as an effective tool to reduce collisions and enhance roadway safety,” said DiPonzio. 

Chief Freeman Carney with the Paradise Valley Police Department said photo radars assist with reducing fatalities, citing their low rates of road fatalities despite getting tens of millions of drivers on their roads a year. 

Commander Stephanie Derivan with the Mesa Police Department emphasized their local community support for photo radar. Derivan shared city statistics reflecting low recidivism among drivers who received photo radar tickets.

“This is an important tool that we need to slow people down near our children,” said Derivan. 

Should the House approve the bill, the resolution would be referred to the ballot for Arizona voters to decide.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Yuma Sector Border Patrol Arrests Cartel Smuggling Scout

Yuma Sector Border Patrol Arrests Cartel Smuggling Scout

By Ethan Faverino |

Yuma Sector Border Patrol Agents have arrested a cartel smuggling scout operating in the remote Sierra Pinta Mountains. The apprehension, resulting from an ongoing investigation by the Yuma Sector Targeting and Intelligence Division, disrupts cartel reconnaissance efforts that facilitate the illegal movement of aliens through the Wellton Station Area.

Cartel scouts position themselves at high vantage points in the rugged mountain terrain to monitor law enforcement activities, including the movement of Border Patrol agents and Air and Marine Operations assets.

By maintaining extended surveillance—often living in the mountains for days—these scouts enable smuggling organizations to evade detection and coordinate illegal crossings.

During the operation, agents located the suspect at a scouting site equipped for prolonged missions. A search revealed food supplies, sustainment gear, and a solar panel used to power batteries for surveillance and communications equipment.

Acting Chief Patrol Agent Dustin Caudle stated, “The arrest of this dangerous smuggler is a perfect example of a unified border enforcement team working together to achieve a successful law enforcement outcome. These ruthless transnational criminal organizations have no regard for human life, and the dismantling of these cartel networks ensures a secure border that increases the safety of agents and our communities.”

The subject, who has two prior expulsions under Title 42, was transported to Wellton Station for processing and record checks. The individual will face prosecution by the U.S. Attorney’s Office for the District of Arizona and eventual removal proceedings.

The Yuma Sector intends to pursue sentencing enhancements related to scouting activities in support of transnational criminal organizations. The subject is being charged with illegal entry under 8 U.S.C. § 1325, with potential enhancements for scouting at sentencing.

The Yuma Border Patrol Sector Prosecutions Unit collaborates closely with the U.S. Attorney’s Office to seek the maximum application for offenses involving transporting and harboring illegal aliens in the United States.

Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.

Arizona House Passes Veteran Memorial Designations For State Route 69

Arizona House Passes Veteran Memorial Designations For State Route 69

By Matthew Holloway |

The Arizona House of Representatives passed House Concurrent Memorial 2007, a measure that would designate sections of State Route 69 as a memorial highway honoring U.S. veterans from major conflicts over the past century.

The measure, sponsored by State Representative Quang Nguyen (R-LD1) and passed with bipartisan support, urges the Arizona State Board on Geographic and Historic Names to divide State Route 69 into six equal segments. Each section would be designated to honor veterans of a specific conflict: World War I, World War II, the Korean War, the Vietnam War, Operation Desert Storm, and the “Iraq and Afghanistan War,” as described in the resolution.

Under HCM 2007, the memorial also calls on the Secretary of State to transmit a copy to the chairperson of the state geographic board for implementation.

“State Route 69 is a major corridor in our state. When Arizonans drive it, I want them to see names that mean something,” Nguyen said in a statement. “World War I. World War II. Korea. Vietnam. Desert Storm. Iraq and Afghanistan. Those names stand for sacrifice, courage, and victory.”

Nguyen also said the measure recognizes the service and sacrifices of Arizona veterans across generations, and that the memorial would keep the contributions of those service members visible to motorists throughout the state.

“Arizona owes a debt that can never be fully repaid to the men and women who fought for this country,” Nguyen said. “They answered the call in the world’s darkest hours, on frozen hillsides, in jungles, across deserts, and in the streets and mountains where terrorists tried to make war on Americans. They did not hesitate. They put their lives on the line so the United States would stay free, our families could live in peace, and our flag would never be lowered to an enemy.”

State Route 69 is a significant regional corridor in northern Arizona that runs from Yavapai County’s seat, Prescott, and its suburbs, like Prescott Valley and Dewey-Humboldt, and connects a series of rural communities before meeting I-17 at Cordes Junction.

The House Concurrent Resolution notes in historical context that State Route 69, currently named “Black Canyon Highway,” was declared the first public road in the new Arizona territory in 1864 and utilized by the United States Army as part of its route from the then-critical military installations of Fort Whipple to Fort McDowell.

HCM 2007 now advances as a formal request to the Arizona State Board on Geographic and Historic Names for consideration of the designations.

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.

Arizona Tourism Director Alix Skelpsa Ridgway To Be Honored By Common Sense Institute

Arizona Tourism Director Alix Skelpsa Ridgway To Be Honored By Common Sense Institute

By Matthew Holloway |

Alix Skelpsa Ridgway, director of the Arizona Office of Tourism, will receive the 2026 “Visionary for the Future” Award from the Common Sense Institute (CSI) at its annual Free Enterprise Summit, the nonprofit research organization announced this week.

The award recognizes leaders, CSI says, who demonstrate “innovation, bridge-building, and principled leadership” in addressing public policy challenges in Arizona. CSI stated in a press release that recipients are selected for their ability to clarify complex issues and advance practical, data-informed solutions that support long-term economic opportunity and prosperity.

Ridgway leads the Arizona Office of Tourism, the statewide agency tasked with promoting travel to Arizona for both domestic and international visitors. Governor Katie Hobbs announced on January 7, 2026, that Ridgway would serve as the agency’s director. She has held senior leadership roles within the Office of Tourism since 2019, including deputy director and interim director.

In its release, CSI said the Office of Tourism’s marketing efforts have generated “billions of dollars in tourism revenue,” contributing to economic activity across Arizona’s counties. The organization added, “Her leadership reflects a sustained commitment to strengthening one of Arizona’s most significant economic sectors.”

“Tourism is one of Arizona’s most important economic engines, supporting jobs and small businesses in communities across every county,” said Katie Ratlief, executive director of the Common Sense Institute.

Ratlief said Ridgway’s leadership helped keep Arizona competitive “on the national and global stage,” adding that by “pairing smart strategy with strong partnerships,” she has helped keep visitors coming, strengthened local economies, and reinforced tourism’s role in driving statewide prosperity.

According to recent data from the Arizona Office of Tourism, the recognition comes amid mixed results across several travel indicators. Airport passenger traffic is down 1% year-over-year, State Park visitation is down 8.4%, and National Park visitation is down 18%. At the same time, estimated tourism tax revenues are up 1.9%, with lodging revenue increasing 3.2% and short-term rental revenue up 0.5%.

The Free Enterprise Summit is CSI’s annual policy event; registration information and details are available on the group’s website.

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.

Maricopa County Recorder Raises Concerns Over Early Voting Site Distribution

Maricopa County Recorder Raises Concerns Over Early Voting Site Distribution

By Staff Reporter |

The Maricopa County Board of Supervisors (MCBOS) issued its polling place map for early voting, but the Maricopa County Recorder says its uneven distribution may disenfranchise voters.

Recorder Justin Heap issued a letter on Thursday to the MCBOS expressing these concerns. Heap said he doesn’t support the plan. 

“I have serious concerns that the proposed early voting plan [the Board] provided makes voting inconvenient and inaccessible for a large number of Maricopa County voters,” said Heap. “I cannot support a plan that does not provide all voters a reasonably equal opportunity to vote. I remain willing to work in good faith. But cooperation does not mean rubber-stamping a plan my office had no role in building, and which fails to adequately protect the voters.”

According to the map, areas with higher population counts have significantly less early voting sites compared to areas with lower population counts. As an example, Tempe (population 180,000) has three designated early voting sites while Mesa (population 500,000) has one. 

That Mesa voting site is not in the center of the city; it is located in the southeast corner, meaning most voters would have to travel over 10 miles to reach the location. 

“That kind of imbalance makes voting more difficult in large portions of the county and risks leaving a substantial percentage of county voters without reasonable access to early voting,” said Heap. “Elections should be fair and accessible for everyone, regardless of where they live.”

In addition to those alleged troubles, Recorder Heap said that “no staff, funding, equipment, or planning authority” has been transferred to him by MCBOS as of the letter. Per Heap, the MCBOS Elections Director, Scott Jarrett, delivered to him an early voting plan on Monday developed without the involvement of his office and asked for an approval by Friday. 

“Maricopa County voters made clear they seek us to have collaboration based on the statutory division of duties, rather than artificial deadlines or public narratives that obscure the facts and cause voter confusion,” said Heap.

Arizona law requires the board to provide funds and resources to the recorder’s office. 

In response, Chair Kate Brophy McGee and Vice Chair Debbie Lesko issued a joint statement dismissing his claims as “misleading and disappointing.” McGee and Lesko said the board would continue to plan for Election Day regardless of Heap’s rejection of the plan. 

“We offered to help him because he’s never done [early in-person voting] before, and time is of the essence,” read the joint statement. “We even gave him a list of more than 160 voting centers he could use or modify, but we can’t force him to accept our assistance.” 

The board issued a letter on Tuesday to Heap asking whether he would accept Jarrett’s plan for early in-person voting. According to their letter, the plan opposed by Heap maintained consistency with practices implemented by Heap’s predecessors. 

“The Board of Supervisors strongly supports maintaining a comprehensive early in-person program consistent with prior practices,” stated the letter.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.