Earlier this month, a lawsuit against the city of Phoenix for facilitating a crime-riddled homeless encampment in the downtown area dubbed “the Zone” received a legal boost. The Zone has over 1,000 individuals, making it the largest homeless encampment in the state and one of the largest homeless encampments in the country.
The Goldwater Institute, a Phoenix-based public policy think tank and litigation organization, submitted an amicus brief in support of the lawsuit in early October. They petitioned the court to require the city to clean up The Zone.
The brief summarized that the city’s dereliction of duty violated multiple laws, including a 1985 Arizona Supreme Court decision constituting the invitation of vagrants into an area as an illegal nuisance as well as state law forbidding cities from maintaining activities that pollute public waterways.
In a press release, the Goldwater Institute’s vice president for legal affairs, Timothy Sandefur, contested that it was “outrageous” that the city would withhold police protection from the property and business owners within The Zone.
“It’s not compassion to let people live on the streets, in an atmosphere riddled with unpoliced gang violence,” wrote Sandefur. “Hardworking Phoenicians should be able to rely on the public services their tax dollars pay for — and their elected officials owe them a duty to enforce the laws.”
Sandefur highlighted one of the businesses harmed by the city’s facilitation of The Zone: Arizona Rock Products Association (ARPA), a trade organization for the mining and rock industry. Sandefur relayed how the homeless started fires, left used needles and condoms, defecated and urinated, broke into cars, trespassed, and stole food from a refrigerator on ARPA property.
“ARPA is one of the many crucial contributors to Arizona’s economy, all of whom deserve to have their public officials enforce the law and protect their rights,” wrote Sandefur. “Yet thanks to this nuisance the city has created, ARPA is finding it increasingly difficult to do business at all in Arizona.”
.@GoldwaterInst today filed a brief in support of business & property owners challenging the City of Phoenix's maintenance of one of the nation's largest homeless encampments-a nuisance that is destroying businesses in the area. https://t.co/kQjSANKUAX
The case, Brown v. City of Phoenix (CV2022-010439), was filed in August in the Maricopa County Superior Court and will be heard by Judge Alison Bachus.
The 19 plaintiffs represent property and business owners located within The Zone: Freddy Brown, Joel and Jo-Ann Coplin, Joseph and Deborah Faillace, Karl Freund, Gallery 119, Michael Godbehere, Jordan Evan Greeman, Rozella Hector, Daniel and Dianne Langmade, Ian Likwarz, Matthew and Michael Lysiak, Old Station Sub Shop, PBF Manufacturing Company, Phoenix Kitchens Spe, and Don Stockman.
In their lawsuit, the plaintiffs accused the city of Phoenix of concentrating the homeless population within The Zone. The plaintiffs noted that city officials had full authority to adopt “irrational” policies, but asserted that those policies couldn’t cause nuisance and damage to civilians.
“In short, instead of seeking to solve the homelessness crisis, the City has effectively invited this population to construct semi-permanent tent dwellings on the public sidewalks and rights of way in Plaintiffs’ neighborhood, and to make the Zone their home,” stated the lawsuit. “The City has not only permitted this illegal conduct and maintained it on public lands within its control, but it has also encouraged it through a policy of directing other homeless persons from around the city to the Zone.”
The plaintiffs noted that a “substantial portion” of the homeless residents within The Zone were mentally ill or addicted to drugs, and consistently in violation of quality-of-life ordinances prohibiting loitering, disturbing the peace, drunken and disorderly conduct, drug use, domestic violence, and obstruction of streets, sidewalks, and other public grounds.
“In the Zone and its environs, laws are violated with impunity; residents are subject to violence, property damage, and other criminal and civil violations of laws designed to protect the quality of life of residents; property values have been erased; trash and human waste litter streets and yards; and, most tragically, a great humanitarian crisis unfolds as homeless residents of the Zone die on daily basis,” read the lawsuit.
BREAKING NEWS:
Neighbors file major homeless lawsuit vs. City of Phoenix.
Phoenix has long pushed homeless into Neighborhoods. People are fed up and taking matters into their own hands. (1/2) pic.twitter.com/55FXJtQ5oW
According to the latest ACT scoring data, the average Arizona student doesn’t achieve an ACT score recommended as a minimum by Arizona State University (ASU), Northern Arizona University (NAU), and the University of Arizona (UArizona).
On Tuesday, the ACT organization announced that the national average score for its eponymous college admissions test was the lowest it’s been in over 30 years: 19.8. However, Arizona fared worse: 18.3. The state’s students, on average, also fell below the ACT’s college readiness benchmarks.
ACT achievement data for the 2022 U.S. high school class of ACT test-takers finds that the average ACT Composite score has dipped to the lowest since 1991. Read more: https://t.co/lnUCTPvxgCpic.twitter.com/199WCHWmVt
If students go by their ACT scores, ASU requires first-year in-state applicants to have scored at least a 22 overall, while out-of-state applicants must score a 24. Both NAU and UArizona require freshmen applicants to score at least a 21 in English, 24 in math, and 20 in science.
All three universities present the ACT score as one of several possible criteria for admission, offering SAT scores, GPAs, and even certain courses taken as alternatives. During the pandemic, the three state universities made the SAT/ACT optional.
The organization noted in its state-by-state breakdown of data that the most accurate way to compare composite scores would be to compare the averages of states sharing similar percentages of graduates tested.
Even within that context, Arizona fared poorly according to the 64 percent of student scores available for review. The state with the next-highest percentage of graduates tested, Missouri (66 percent), boasted a composite score of 20.12. The state with the next-lowest percentage of graduates tested, South Dakota (58 percent), boasted a composite score of 21.42.
In a press release, ACT CEO Janet Godwin explained that this year of poor performance was the fifth consecutive year of decline: a “worrisome trend.” Godwin noted “longtime systemic failures” in the educational system, predating the pandemic, brought the nation’s students to this point.
“A return to the pre-pandemic status quo would be insufficient and a disservice to students and educators,” stated Godwin. “These systemic failures require sustained collective action and support for the academic recovery of high school students as an urgent national priority and imperative.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
If Maricopa County Recorder Stephen Richer intended to quell support for Proposition 309 last week, his effort appears to have backfired. And on top of that, he is the subject of an investigation by the Arizona Attorney General’s Office, sources say.
On Oct. 11, Richer issued an email via his county account to media outlets promoting a letter “from all 15 Arizona County Recorders” about Prop 309, which the email and the letter state the Arizona Association of County Recorders (AACR) opposes.
The next day, election attorney Tim La Sota asked Attorney General Mark Brnovich to investigate the AACR’s use of Maricopa County resources to sway voters into casting a “no” vote. Richer’s actions on behalf of AACR violated two state laws which prohibit the use of public funds and public resources to influence any campaign or contest, La Sota wrote.
Prop 309 seeks to require voters who use early ballots to vote by mail to write their birthdate and a government-issued identification number on the early ballot affidavit along with the voter’s signature, which is already required. Often referred to as universal voter ID, it would also require in-person voters to present a form of photo identification such as a driver’s license or state identification card.
The AACR letter, which is printed on letterhead listing the names of the county recorders along the side, is signed “The People Responsible for Early Voting in Arizona.” The email goes further, showing it being “signed” by each of the individual recorders with their name and county noted, implying the county recorders were unanimous in their opposition.
Like many government associations, the AACR conducts its business based on a majority rule. This includes the association’s position on various matters, which is not always the same as that of the individual recorders.
For instance, Cochise County Recorder David Stevens is a very vocal proponent of Prop 309 and was consulted by lawmakers when the legislation’s language was drafted. This raised questions about the veracity of the email and letter issued by Richer, particularly after he retweeted that “Arizona’s county recorders put out a letter unanimously opposing #prop309.”
And in a subsequent Twitter exchange, Richer insisted it was a “unanimous voice vote…no nays, all ayes” with 14 of the 15 counties present (Apache County not in attendance).
Stevens wrote to Richer, demanding “a public retraction of this letter along with your apology for misleading the public.” He also questioned whether Richer was “pushing your own agenda” by giving the false impression of unanimity among the recorders on the Prop 309 issue.
The situation was further aggravated by the fact a newspaper in Stevens’ county published part of the AACR’s anti-Prop 309 letter with him listed as a signer.
Stevens told AZ Free News he was out of the country when the voice vote was conducted on Sept. 29. He was represented at the meeting by his chief deputy, who does not have a blanket proxy to vote on Stevens’ behalf.
“She was not elected by the people of Cochise County and is very careful to not speak on my behalf unless I have asked her to speak for me,” Stevens explained.
As to the statement by Richer, who is an attorney, that it was a unanimous vote, Stevens said any elected official—particularly one responsible for conducting elections—should know “that not voting no is not the same as voting yes.”
Stevens plans to push for all AACR votes in the future to be conducted by roll call, so there is documentation of how each recorder votes on a specific matter.
There has been no retraction by Richer nor AACR as of press time, but he quickly conceded it was “not appropriate” for him to post the AACR letter to the Maricopa County website.
“The letter has been taken down,” Richer said after the controversy erupted. As to La Sota’s complaint to the attorney general, Richer suggested the matter has “already been resolved” with the removal of the letter.
But election integrity proponents say the matter must not end there, as there must be consequences for the actions of AACR—and Richer specifically—for giving voters incorrect information about the group’s anti-Prop 309 position. In the meantime, supporters of strengthening voter ID laws are reporting more interest from voters on the subject.
Undercover video revealed that Democratic gubernatorial candidate Katie Hobbs’ campaign travels with an AR-15 firearm in the car for protection, contradicting Hobbs’ long-held desire to ban assault weapons.
Hobbs’ head consultant, Joseph Wolf, told an undercover Project Veritas reporter that they traveled with an AR-15 because it was “easier to fire than a handgun.” In a separate clip, Wolf stated that Hobbs would do everything in her power to issue an assault weapons ban.
“There’s nothing she could do about it, at least immediately, right? Except advocating for it publicly, which is really more impactful once you’re governor,” said Wolf. “This state is unfortunately crazy in love with their guns.”
Other undercover videos obtained by Project Veritas showed that grassroots activists assisting with Hobbs’ campaign were troubled by her, especially her refusal to debate Republican opponent Kari Lake. Field organizer Jasper Adams with Mission For Arizona, which is a group funded by the Arizona Democratic Party, disclosed that they had “a lot of concerns” about Hobbs’ campaign.
Adams disclosed further that his group wasn’t privy to the reason behind Hobbs’ refusal to debate Lake. He explained that even Hobbs’ communications director, who he described as freshly hired and not prepared, didn’t know why Hobbs wouldn’t debate Lake. The closest thing to an answer Adams received: the Hobbs campaign wouldn’t need a debate because they wouldn’t lose Democratic voters, and only Democratic voters care about a debate.
“They basically said only Democrats care about debates and it’s not going to change anything,” said Adams. “Either it wouldn’t persuade people one way or the other or it wouldn’t help her.”
Hobbs has long supported a ban on assault weapons, which gun control advocates usually mean to include AR-15s.
We must refuse to accept that nothing can be done about gun violence. Renew the assault weapons ban that was allowed to expire for starters. https://t.co/b2eKtdSsLL
While minority leader for the state senate in 2018, Hobbs lamented to Arizona PBSthat the state legislature wasn’t going to ban assault weapons.
“Unfortunately, it’s been business as usual,” said Hobbs. “There seems to be no push to do anything different than we have, and that’s to ignore bills we have put forward that would bring about common sense solutions to end gun violence.”
I literally quoted a list of all the shootings committed w/AR15’s.
Hobbs supports “common-sense gun reform” proposed by groups like Everytown. Their suggested policies include the prohibition of assault weapons, which they classified as high-powered semiautomatic firearms, or AR-15s. (Note: the “AR” in “AR-15” doesn’t stand for “assault rifle,” it stands for “ArmaLite Rifle” after the company that developed it originally in the 1950s).
Today is #WearOrange Day, which honors the more than 40,000 lives lost to gun violence in America every year. We will always remember you, but we will never forget why you’re gone. We need common-sense gun reform now. @Everytownpic.twitter.com/bzCAl3EDXP
Those opposed to gun control advocates disagree with the characterization of AR-15 as an assault weapon. The National Shooting Sports Foundation, a firearms industry trade association, argues that assault rifles are fully automatic, like machine guns.
In 1994, Congress included AR-15s in the “Public Safety and Recreational Firearms Use Protection Act,” or the “Federal Assault Weapons Ban.” The ban on AR-15s lasted until 2004. A vast majority of the studies on the effects of the ban concluded that its effects were negligible on gun crime.
President Joe Biden claimed last March that the decade-long Federal Assault Weapons Ban resulted in a reduction in mass killings. However, even FactCheckdisputed his claim.
Hobbs has also historically opposed concealed carry. In June, Hobbs decried the Supreme Court (SCOTUS) decision to strike down New York’s restriction on concealed carry.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
During Tuesday’s policy meeting, the Phoenix City Council approved a resolution permitting the Phoenix Police Department (PPD) to deprioritize investigations of abortion law violations. It doesn’t distinguish between early-term and late-term abortions.
“The proposed resolution also declares Council’s support for City officials in establishing law enforcement priorities that consider the need to protect the physical, psychological, and socioeconomic well-being of pregnant persons and their care providers, and make the enforcement of laws that restrict or deny abortion and abortion-related care the lowest priority for law enforcement,” stated the resolution.
The resolution also decried the Supreme Court (SCOTUS) Dobbs v. Jackson ruling that no constitutional right to abortion exists. Despite being the only item on the agenda, the resolution inspired over an hour and a half of discussion and public comment.
The people of Phoenix share a core value – the right to make their own personal decisions. Today, the Phoenix City Council and I honored that by passing a resolution declaring opposition to the Supreme Court decision in Dobbs v. Jackson criminalizing abortion. (1/3)
The resolution deviates from previous promises by the council to prohibit city resources and personnel from enforcing abortion bans or restrictions, as reflected in a draft copy of the resolution shared with the Arizona Republic. It appears the council changed their mind based on a legal assessment by City Attorney Cris Meyer.
“City resources and personnel will not be used to enforce any state ban or restrictions,” read the draft resolution. “[This resolution] directs the City Manager to implement the resolution including necessary changes to policies and procedures and bring changes to the City Council as necessary.”
Council in favor of the resolution lamented that they couldn’t do more to prevent the enforcement of abortion restrictions and bans. They passed the resolution 6-2.
Those who continued to provide abortions after the SCOTUS ruling, such as Camelback Family Planning, told the Arizona Republic that they likely wouldn’t continue to provide abortions even if Phoenix made itself a sanctuary city for abortion.
Public commentary reflected a divide in the community on the acceptability of abortion. Those who spoke in favor of the resolution represented the establishment, by and large: activists, state legislative candidates, and a former PPD leader. Those who opposed the resolution were avowed Christian citizens.
The ACLU of Arizona Victoria Lopez said that the council’s resolution would protect women’s “right” to abortion. Lopez encouraged the council to work around the legal issues presented by Meyer in order to limit city resources and personnel when enforcing abortion law.
Democratic state representative candidate Analise Ortiz, a former ACLU strategist and mainstream media journalist, urged the council to undertake that effort as well. Ortiz claimed that she and other women would be incarcerated for getting an abortion. Neither the total abortion ban or the 15-week abortion restriction punish the mother for getting an abortion. Likewise, Democratic state senator candidate Anna Hernandez advocated for the council to do more beyond the resolution.
Dianne Post, an activist lawyer, compared pregnancy to slavery. She claimed that SCOTUS decided to overturn Roe v. Wade because of Christianity, not constitutional law.
“We have no morality police in the United States,” asserted Post.
Planned Parenthood of Arizona (PPAZ) Board Member Parris Wallace said that she decided to have two of her children, and one aborted. Wallace reminded the council that PPAZ endorsed the majority of them.
“You owe it to your constituents and ours to hold the line,” said Wallace.
At last night's @CityofPhoenixAZ meeting: @ppazaction board member Parris Wallace: "I've had three pregnancies and I've chosen to have two children." *crowd gasps; Wallace laughs, points at crowd* "Yeah! That means I had an abortion, y'all." pic.twitter.com/QIrF7OfMPN
Retired PPD Assistant Chief Sandra Renteria stated that PPD would waste their time enforcing state law restricting or banning abortions. Renteria said there were more important crimes to address.
“Police officers do not want to be the immigration police and certainly don’t want to be the abortion police,” said Renteria.
A 16-year-old girl named Addison Walker opposed the resolution. She questioned why the council would vindicate the morality of ending an unborn child’s life based on whether the mother wants her or not.
“If your closest friend was murdered, what would you say if the police were instructed to ‘deprioritize’ the investigation of that murder? Would you not be outraged?” said Walker. “Remember: if you deprioritize this law, their blood is on your hands. Your names will go down in history as those who willingly promoted the holocaust of infants in Arizona. More importantly, on Judgment Day, when God judges the righteous and unrighteous, you will be held guilty and be punished for what you have failed to do.”
A woman named Ashley testified that her miscarriage experience convicted her that abortion is a great evil that kills an unborn child, not “a clump of cells.”
“If you vote ‘yes’ on this resolution, you aren’t doing anything noble. Certainly not the babies, nor the bereft mothers, nor even the abortion doctors who cauterize their own consciences with every baby they rip apart,” stated Ashley.
A husband and wife, Christopher and Candace Samuels, both spoke against the resolution. Christopher admonished the council for deprioritizing policing on the most violent crime being committed, while Candace said the resolution encouraged people to break the law. The couple described themselves as refugees of California.
“This is absolutely, as my husband said, abominable,” said Candace. “Please stand up for what our state’s law is, instead of trying to do a sneaky little back-door resolution to get your way.”
Watch the entire Phoenix City Council policy meeting below:
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Approximately 1 in 5 Arizonans reside in a fire district, but a new sales tax proposition wants all Arizonans to foot the bill. Firefighter union leaders say that it’s only fair, given the massive amount that tourists spend in the state. Yet, opponents of Proposition 310 warn that the sales tax generating hundreds of millions every year not only avoids transparency of expenditures — they say it also would set a precedent for all Arizonans to continue footing the bill, even when they don’t benefit.
Proponents of Prop 310 insist that it will help underfunded rural fire departments and improve response times. However, unlike a specific allocation by the state legislature from the general fund, a sales tax wouldn’t require fire departments to disclose how they spent those funds.
One concerned resident of Yavapai County, Dwight Kadar, relayed this information during three live town hall meetings hosted by the Arizona Secretary of State on October 1, 3, and 4. Kadar told AZ Free News that, at most, rural fire districts would see 25 percent of that sales tax revenue.
“Instead of the legislature working with the union to identify what’s a troubled fire district and appropriate from the $5 billion surplus in the current budget that was just approved, they do a one-size-fits-all from a sales tax. Had the state appropriated money targeted to those districts, those districts would’ve been required by law on how they spent the money,” said Kadar. “They have gotten the citizens of Arizona in the corner. Any shortfall in their pensions, we taxpayers have to make up.”
Kadar also revealed that Professional Fire Fighters of Arizona (PFFA) union members were telling residents, especially the elderly in assisted living homes, that their response times would be slower if Prop 310 doesn’t pass. Kadar said he rejected that claim, and likened PFFA rhetoric to extortion.
“They’re basically saying, ‘If we don’t get money, well, our response time is tied to how much money you give us,’” stated Kadar. “That’s the classic definition of extortion.”
In response to his concerns presented during two of the town halls, Kadar relayed that PFFA President Bryan Jeffries told him that he had no business talking about Prop 310. A representative of Jeffries’ reportedly even falsely accused Kadar of not living in Yavapai County.
Kadar said that the PFFA members ignored proposed alternatives to a sales tax that exist in other states, such as billing non-district residents for services.
Last Saturday, Jeffries published an opinion piece with the Arizona Republicadvocating for Prop 310. Jeffries stated that the sales tax cost was low, a penny for every $10, and would combat inflation burdening fire districts.
“In this time of crisis, each Arizona voter has the opportunity to act as our first responders do when they face an emergency,” wrote Jeffries. “Together, we can move toward the crisis and solve it, doing everything in our power to help those in need.”
PFFA endorses Democratic candidates Katie Hobbs for governor and Kris Mayes for attorney general.
The Arizona Free Enterprise Club (AFEC), another group that opposes Prop 310, says that the tax increase would come out to $200 million — not PFFA’s estimation of $150 million. AFEC argued that fire districts’ financial woes originated from years of budget mismanagement, not the recent inflation crisis.
“Prop 310 is not the solution, as it increases taxes on all Arizonans to subsidize a few and does not include reforms to ensure responsible and accountable use of taxpayer money in the future,” stated AFEC.
Kadar insisted that Prop 310 would have a snowball effect on the cost to taxpayers, not only with fire districts needing more funding but other groups looking to implement similar sales taxes to meet their needs.
“Who’s going to be the next group that’s going to want to have their own issues paid for by the whole of Arizona citizens?” said Kadar. “It’s only a penny. That’s how it always starts.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
