Arizona GOP Lawmakers Move to Outlaw Drag Shows for Kids

Arizona GOP Lawmakers Move to Outlaw Drag Shows for Kids

By Corinne Murdock |

As national attention focuses on children’s exposure to Pride Month festivities, Arizona’s Republican lawmakers pledged on Tuesday to craft legislation outlawing minor attendance at drag shows.

In a joint statement, the Senate Majority team condemned the sexualization and grooming of children through drag shows:

“One of the reasons why we were elected as lawmakers by our constituents was to protect family values. If men want to dress as women, and if adults want to participate in watching these hyper-sexualized performances, they have the freedom to do so. It crosses the line when kids are subjected to these drag shows. This ignorance by public and private sectors promoting this behavior sends a message of complete and utter perversion that can have detrimental impacts on the social and emotional development of our children. We will be damned if we won’t fight like hell to protect the most innocent from these horrifying and disturbing trends that are spreading across the nation now that extremist Democrats are currently in control of our federal government.”

The Senate Majority press release noted that they were working alongside several other, unnamed states to craft the legislation. The press release lamented that children were being exposed to sexual perversion.

Arizona has had its share of LGBTQ+-related pedophilia incidents. Just last month, a Tucson Magnet High School counselor who organized a drag show for high schoolers was arrested for having a sexual relationship with a 15-year-old student. The Senate Majority team called out this incident, arguing that nondiscrimination policies were a slippery slope that had led to total disregard for morals and values.

“Policies of ‘nondiscrimination regarding gender expression and sexual orientation’ are sending a message to society that we should disregard morals and values just to normalize these unscientific, broad, ill-defined and subjective terms, which set a dangerous precedent for our children that are too young to be exposed to such concepts,” wrote the team. 

Earlier this month, children were bore witness to the Heard Museum in Phoenix’s first-ever drag show. That incident was also acknowledged by the Senate Majority team.

“Performers were seen dressed in scantily clad attire while carrying out provocative dance moves that left little to the imagination as youngsters watched,” asserted the team. 

In apparent response to the Senate Majority pledge to outlaw drag shows for minors, State Representative Andrés Cano (D-Tucson) suggested that the state legislature hold a drag show. He has not acknowledged the arrest of the high school counselor in his district.

State Representative Jennifer Longdon (D-Phoenix) claimed that gun shows were more harmful to children than drag shows.

“As others have said, gun shows are far more harmful for your kids than drag shows,” wrote Longdon. “Also, I LOVE drag queen story time!!!”

Research has linked early exposure to sexually explicit material with risky sexual behaviors, intimacy disorders, sexual violence and misconduct, and sexual deviancy. Most research on firearm exposure focuses on the effects and likelihood of gun violence, and not witnessing the legal use of a firearm.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Restaurants Can Allow Young Employees In Kitchen Without Fearing Civil Penalty

Restaurants Can Allow Young Employees In Kitchen Without Fearing Civil Penalty

By Terri Jo Neff |

Restaurants across Arizona won a majority legal victory Thursday that protects those who give jobs to minors under age 16 even if the job requires the minor to walk into or pass through the restaurant’s kitchen on occasion.

The issue arose after the popular Sofrita Restaurant in Fountain Hills was accused by the Industrial Commission of Arizona in 2018 of several violations related to its hiring of three hostesses who were under the age of 16. The Spanish-Latin restaurant was also hit with a $1,000 civil penalty.

Sofrita cooperated with the investigation, which confirmed the hostesses are tasked at times to take dirty dishes into the kitchen and sometimes used the restaurant’s rear entrance when reporting to work. This required the hostesses to walk through the kitchen to get to the hostess stand.

The ICA investigator cited Sofrita for three alleged violations of Arizona Revised Statute 23-232 for having employees under age 16 engage in activities “in, about, or in connection with” the kitchen. A fourth violation stemmed from the restaurant’s alleged failure to keep proper records to ensure the young employees did not violate ARS 23-233 in regard to how many hours a minor can work.

Sofrita challenged the violations and requested a hearing before an Administrative Law Judge. At the hearing, the state investigator testified that the child labor statute means employees under the age of 16 “cannot be in the kitchen” for any reason, not even simply to clock in for their shift.

Judge Jonathan Hauer rejected the Industrial Commission’s position, finding that Arizona’s child labor laws do not regulate “casual encounters” between minor employees and a restaurant’s kitchen space.  The findings also concluded there was an “inadequate factual basis” for the ICA to impose the $1,000 penalty.

The State of Arizona appealed Hauer’s findings last year.

On June 16, the Arizona Court of Appeals affirmed Hauer’s rejection of ICA’s interpretation of Arizona Revised Statute 23-232 which prohibits restaurant employees under the age of 16 from working “in, about, or in connection with…cooking and baking.” The appellate opinion also affirmed Hauer’s finding which vacated the $1,000 civil penalty against the restaurant. 

In a unanimous appellate decision, Presiding Judge David D. Weinzweig wrote that the statute the ICA relied on never mentions the word kitchen, and nothing supports the ICA’s reading that employers like Sofrita must prevent minors under age 16 from entering the kitchen.  

The opinion also pushes back on the ICA investigator’s focus on the words “in, about or in connection with” the kitchen without tethering them to the statute’s specific prohibited activities of cooking and baking.

“It does not forbid employees under 16 years old from walking in the kitchen,” Weinzweig wrote, adding that federal regulations also undermine the ICA’s broad interpretation of a kitchen prohibition.

Weinzweig pointed to the Fair Labor Standards Act which permits minors under 16 to do kitchen work such as some food preparation, cleaning of some kitchen equipment, and even entering freezers to retrieve items.

Anti-Racism the Focus for Latest Arizona Teacher Conference By Renowned Organization

Anti-Racism the Focus for Latest Arizona Teacher Conference By Renowned Organization

By Corinne Murdock |

This past week, Arizona teachers flocked to an annual leadership conference on reshaping K-12 education to prioritize social justice, focusing mainly on controversial ideologies like social emotional learning (SEL). The Arizona K12 Center — a Northern Arizona University (NAU) affiliate, established leader of 23 years in professional educator development and gatekeeper to National Board Certification — hosted the conference. (National Board Certification has long been held as the highest and most respected teacher certification).

Two of the featured guest speakers at the conference, Shane Safir and Jamila Dugan, lectured at length about equity and a concept called “street data,” a term the pair focused on in their eponymous book on anti-racism, “Street Data: A Next-Generation Model for Equity, Pedagogy, and School Transformation.” 

“Street data” appears to be a term that Safir and Dugan coined. They argue that schools currently rely on “satellite data,” or measurable marks of proficiency and success like test scores and graduation rates. Safir and Dugan advocate for the eradication of satellite data. Instead, they insist teachers should focus on “street data,” such as students’ “brilliance, cultural wealth, and intellectual potential” and other experiential data from parents, teachers, and even the community. However, the emphasis is on a pedagogy built around students who would serve as “agents of their own learning” according to the authors. 

“Education can be transformed if we eradicate our fixation on big data like standardized test scores as the supreme measure of equity and learning. Instead of the focus being on ‘fixing’ and ‘filling’ academic gaps, we must envision and rebuild the system from the student up―with classrooms, schools and systems built around students’ brilliance, cultural wealth, and intellectual potential. Street data reminds us that what is measurable is not the same as what is valuable and that data can be humanizing, liberatory and healing,” read the book description.

Their book also declared that there was no defined end goal for equity because it’s a dynamic journey, not a destination.

The conference focused on social justice issues with ongoing concerns about student achievement. Arizona Department of Education (ADE) assessment of test score data from the 2020/2021 school year revealed an overall 4 percent drop in English-Language Arts scores, with a passage rate of 38 percent, and an 11 percent drop in math scores, with a passage rate of 31 percent.

The vice chair of the Arizona K12 Center is the ADE Deputy Associate Superintendent, Bruce DuPlanty. The ADE gave $7.5 million to the Arizona K12 Center in 2021 for a teacher residency program and to expand their reach across the state. During the summer of 2020, ADE partnered with the Arizona K12 Center to release Arizona’s Induction Program Standards. They’ve received millions more from the ADE since their inception in 1999.

Government employees on the board of directors include: Pinal County School Superintendent Jill Broussard, Mesa Public Schools Superintendent Andi Fourlis, Prescott Unified School District Professional Development Director Kelli Bradstreet, Yuma Union High School District Chief Academic Officer Eric Brooks, Roosevelt School District Innovation and Learning Executive Director Richard Ramos, Scottsdale Unified School District Psychologist Yadira Flores, Phoenix Elementary School District teacher Yolanda Wheelington, and Flowing Wells Unified School District teacher Ben Collinsworth. Also on the board is former Arizona State Board of Education member Janice Mak.

Arizona Public Service (APS), the largest electric company in the state, has a seat at the table: their vice president, controller, and chief accounting officer, Beth Blankenship, serves on the board of directors. 

Arizona School Boards Association (ASBA) former President Ann O’Brien is also among those on the board of directors.

All three of Arizona’s public universities are also represented on the board of directors: University of Arizona (UArizona) College of Education Dean Bruce Johnson, Arizona State University (ASU) Mary Lou Fulton Teachers College professor Laura Corr, and NAU College of Education Dean Ramona Mellott. 

In the past, the Arizona K12 Center has received a collective total of millions from the Bill and Melinda Gates Foundation, the National Board for Professional Teaching Standards, and the Department of Education since their inception. The center began with former Republican Governor Jane Dee Hull.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

President Biden Nominates Progressive Arizona Attorney For Ninth Circuit Court

President Biden Nominates Progressive Arizona Attorney For Ninth Circuit Court

By Corinne Murdock |

On Thursday, President Joe Biden nominated Phoenix attorney Roopali Desai as a candidate for the Ninth Circuit Court of Appeals. 

Desai is best known for her election law work. Some of Desai’s most prominent recent work included her representation of the Arizona Secretary of State’s office after the 2020 general election. Desai served on Secretary of State Katie Hobbs’ transition team from December 2018 to January 2019. 

In court filings to the Arizona Republican Party’s challenge to the state’s mail-in early voting system, Desai characterized challenges to election integrity as “legally baseless” means to an end of restricting voter rights. In her work, she echoed progressive challenges to election integrity doubts as a threat to democracy. 

“Their claims are part of a broader ongoing effort to sow doubt about our electoral process to justify infringing voting rights,” wrote Desai. 

Mohave County Superior Court Judge Lee Jantzen ruled earlier this month that mail-in voting didn’t violate the state constitution.

Desai also sued to stop the State Senate’s Cyber Ninjas-led audit on behalf of the Arizona Democratic Party. That lawsuit failed; Desai then sued for open records access to the audit. That case is still underway. 

Desai also served as counsel for Arizona School Boards Association (ASBA) successful challenge to the state’s mask mandate ban last November, a ruling that overturned a number of laws tied to the state budget. 

On other school matters, Desai defended a challenge to Prop 305 in 2017 — a ballot initiative brought by Save Our Schools Arizona (SOS), a public school activist organization opposing school choice expansion. Voters rolled back school choice expansion through the ballot initiative in November 2018. Desai joined SOS’s board of directors in January 2019, and has served on it since. 

Desai wrote the 100-word ballot initiative summary for Prop 208, then defended challenges to it. The Arizona Supreme Court sided with Desai on the ballot initiative summary. However, the Maricopa County Superior Court struck down Prop 208 as unconstitutional in March.

Desai also wrote the 100-word ballot initiative summary for Prop 207, which legalized marijuana for adults over 21 years old.

In the past, Desai served as legal counsel for the campaigns of Senator Kyrsten Sinema (D-AZ) and Congressman Tom O’Halleran (D-AZ-01), the Professional Fire Fighters of Arizona (PFFAZ), and the United Phoenix Firefighters Association.

USA Today named Desai one of their 12 national honorees for 2022 Women of the Year. Desai is also a professor of practice with the University of Arizona (UArizona) James E. Rogers College of Law. Desai earned her bachelor’s degree in Women’s Studies from UArizona, later earning her Master of Public Health and a law degree from the university. 

Along with Desai, Biden’s circuit court nominees were Eastern District of Louisiana Judge Dana Douglas for the Fifth Circuit Court of Appeals, and Department of Justice (DOJ) Deputy Assistant Attorney General Bradley Garcia for the D.C. Circuit.

Biden’s latest district court nominees were Puerto Rico District Court Clerk María del Antongiori-Jordán for Puerto Rico District Court, Puerto Rico Court of Appeals Judge Gina Méndez-Miró to the Puerto Rico District Court, Puerto Rico District Court Magistrate Judge Camille Vélez-Rivé for Puerto Rico District Court, and attorney Jerry Blackwell for the Minnesota District Court.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Valley Metro Board Might Spend Taxpayer Money In Hopes Of Getting More Taxpayer Money

Valley Metro Board Might Spend Taxpayer Money In Hopes Of Getting More Taxpayer Money

By Terri Jo Neff |

Should Arizona’s largest public transportation entity be allowed to use taxpayer funds to pay lobbyists to obtain even more taxpayer funds? And if so, can Maricopa County taxpayers be assured their money isn’t used to influence a possible vote to extend a transportation tax set to expire in 2025?

On Thursday, the joint board of Valley Metro Regional Public Transportation Authority (RPTA) and Valley Metro Rail will meet in Phoenix to vote on several matters, including two agenda items involving “legislative consulting services” which includes lobbying of federal and state lawmakers.

The meeting starts at 11:15 a.m. at the Valley Metro boardroom at 101 North 1st Avenue on the 10th Floor.

However, there will be no discussion of either item, as they are listed under the meeting’s Consent Agenda instead of the Regular Agenda. That is of concern due to the fact one of the agenda descriptions refers to Prop 400, a half-cent tax many state lawmakers want voters to extend for yet another 20 years

The prospect of Valley Metro using taxpayer dollars to lobby for more money from taxpayers -whether via Congress, the Legislature, or with Prop 400 voters- has raised the question of why the joint board meeting has the two lobbying items on the Consent Agenda where there can be no discussion and where individual board members do not have to publicly state their position.

According to the June 16 agenda, Item 4G is listed as “Authorization to Issue a Request for Proposals for Federal Legislative Consulting Services” for a two-year period with three one-year options. The estimated cost is listed as between $180,000 and $240,000 per year. 

Valley Metro is currently contracted with Cardinal Infrastructure for federal lobbying activities through Dec. 31. Staff recommends continuing with some sort of contract to assist Valley Metro in achieving “specific federal legislative, lobbying and funding objectives” with Congress, the Executive Branch, and various federal agencies.

This is especially timely, according to the agenda item, in light of “opportunities in the federal passage of the infrastructure bill.” Those opportunities include federal taxpayer funds which Valley Metro staff wants to ensure the region “is not missing out on.”

Meanwhile, Item 4H on the agenda seeks authorization for Valley Metro’s CEO to issue an RFP for state consultant services in dealing with the Arizona State Legislature, the Governor’s Office, and other state agencies. The cost would likely run $60,000 to $90,000 per year.

The current contract issued in 2018 is a joint venture between Highground Public Affairs Consultants and The Kruse Group, described in the agenda as “a well-known Republican and Democrat lobbyist to access bipartisan relationships.”

Among the services the contract would cover is Governmental Relations -monitoring and lobbying public transit issues- at the state level along with Strategic Planning.

“Due to the ongoing dialogue with respect to the possible extension of Proposition 400, staff supports this request,” the agenda states.  

The Prop 400 extension is a longshot to get on the ballot this year given that the tax does not expire until 2025. However, many voters are wary of the prospect that public entities such as Valley Metro and the Maricopa Association of Governments will use taxpayer funds behind the scenes to sway voters to approve the extension when it does get on the ballot.  

Whether any of Valley Metro’s board members will acknowledge those concerns and remove the two items from the Consent Agenda to the Regular Agenda remains to be seen.

Valley Metro RPTA’s board members are:

Veronica Malone, Avondale Vice Mayor;

Clay Goodman, City of Buckeye;

Kevin Hartke, Chandler Mayor;

Monica Dorcey , Vice Mayor of El Mirage;

Mike Scharnow, Fountain Hills Town Council,

Brigette Peterson, Gilbert Mayor;

Lauren Tolmachoff, City of Glendale;

Bill Stipp, Goodyear City Council;

Francisco Heredia (Chair), Mesa City Council;

Jon Edwards, Peoria Councilman;

Laura Pastor (Vice Chair), Vice Mayor for City of Phoenix;

Leah Martineau, Town of Queen Creek;

Betty Janik, Scottsdale Councilwoman;

Chris Judd, City of Surprise;

Robin Arredondo-Savage, Tempe Councilmember;

Adolfo Gamez, City of Tolleson;

Rui Pereira, Wickenburg Mayor; and

Michael LeVault, Youngstown Mayor.

Four of Valley Metro RPTA’s board members also serve as the board of Valley Metro Rail: Arrendondo-Savage (Tempe), Hartke (Chandler), Heredia (Mesa), and Pastor (Phoenix).

Universal School Choice Expansion for Arizona Families Passes House Committee

Universal School Choice Expansion for Arizona Families Passes House Committee

By Corinne Murdock |

On Wednesday, the State House Ways and Means Committee passed legislation establishing school choice for all parents who choose to use it. The 6-4 approval marks a historic advancement for expansion of the state’s school choice program, Empowerment Scholarship Account (ESA).

The legislation, HB2853, comes from State Representative Ben Toma (R-Peoria) about 11 years after the ESA Program launched.

Bipartisanship was far from the committee during discussion of this bill. Democrats insisted that voters in the past rejected universal ESA expansion, that families would spend their ESA dollars frivolously or wastefully, that there weren’t enough regulations on non-public schools, and that public schools would be bled of crucial funds. Republicans insisted that post-pandemic voters support universal school choice, and that parents knew what was best for their children and would choose accordingly.

Toma challenged the idea that Arizona’s public schools were underfunded, something that Democrats like State Representative Kelli Butler (D-Paradise Valley) and Arizona Education Association (AEA) President-elect Marisol Garcia testified. Toma asked for a definitive number that constituted “fully funded.” Garcia suggested that outranking other state’s funding totals would constitute “fully funded.” In response, Toma pointed out that education funding increased by 48 percent during his tenure in the legislature, adding that much of those funds didn’t end up in teacher’s salaries.

State Representative Brenda Barton (R-Payson) concurred with Toma’s assessment, saying that in her 11 years she’s never gotten a hard answer from any public school proponents or officials of what “fully funded” meant for them. 

Chairwoman Shawnna Bolick (R-Phoenix) estimated 25,000 students might utilize the ESA program if expanded under HB2853. 

“If we’re helping a student get a lifeline, at the end of the day I’ll actually know we’re doing a good job as a legislature,” said Bolick. 

Several Democrats insisted that they wanted to see long-term data on ESA students’ performance rates. Toma said there wasn’t a way to issue a fair comparison of those students because a majority of current users had disabilities, and comparing performance across different disabilities wasn’t an “apples to apples” comparison.

State Representative Pamela Powers Hannley (D-Tucson) argued that program effectiveness could still be measured through methods like sheer counts of private and charter school students.

“I think it’s important to know how many students are enrolled across the state because this is state money,” said Powers Hannley. 

There are about 1.1 million charter and public school students. 

State Representative Mitzi Epstein (D-Chandler) compared private schools to Walmart stores, insinuating that they were a less desirable option that communities were stuck with. Epstein also challenged why taxpayers should have to pay for children to visit the school they desire. 

As a rebuttal for worry over potential private waste of public dollars, Toma pointed out the controversy over Buckeye Elementary School District paying its superintendent over $1.7 million in “additional compensation” from 2016 to 2021. Toma doubted that one individual’s misuse of ESA funds would reach that amount. He added that whenever people are involved, misuse is bound to happen. 

“There are issues with any sort of system in which human beings are involved,” said Toma. “Fraud [with ESAs], if there is fraud, is less than one percent.”

In an attempt to cite waste of school funds, Butler listed allowable ESA expenditures she found objectionable, such as a bouncy castle and a tonal home gym costing thousands of dollars. Both Bolick and Toma reminded Butler that the Arizona State Board of Education (SBE) and the Arizona Department of Education (ADE) approved the handbook, clarifying further that Superintendent Kathy Hoffman’s office was responsible for writing it.

The two GOP legislators suggested that their Democratic peer take up her grievances with Hoffman.

Bolick also noted that bounce houses are within individualized education plan (IEP) parameters for curriculum-related therapies. Butler said that was besides her point. She went on to claim the state can’t afford to give every special needs child in the state their own bounce house for several hundred dollars — rather, schools should just purchase one for all special needs students. Butler called the tonal home gym “beyond the pale,” at which point Bolick cut her off for “beat[ing] a dead horse.” 

Bolick and Butler contended over whether the entirety of Arizona’s 1.1 million charter and private school students would actually use ESAs. 

Butler referenced access to ESA funds as “debit cards” repeatedly, to which Toma and Cobb objected. They, along with Bolick, explained to Butler that she was referring to an outdated system. They also contended with Butler’s attempted characterization of ESA funds as “thousands of dollars in a bank account.” At that point, Bolick suggested again to Butler that she seek out instruction from Hoffman about how the ESA Program works currently. 

Among those to testify in favor of ESA Program expansion was Jennifer Clark, a mother of five. She explained that ESAs have helped several of her children with special learning needs like dyslexia and disabilities. 

Clark further described how the public school system was currently failing her daughter with its stalled processing of her educational needs. She insisted that HB2853’s allowance for outside assessments would expedite solutions for situations like her daughter’s.

“All Arizonan families deserve equitable access to ESAs regardless of their income or zip code,” said Clark.

Drew Anderson, a South Phoenix Democrat and pastor, pointed out that the majority-white crowd protesting with the likes of Save Our Schools against the bill didn’t represent or understand the needs of minority parents — especially those in inner city schools like the Roosevelt School District. 

“I don’t see anybody screaming ‘save our schools’ in south Phoenix,” said Anderson. “I hear them screaming ‘save our children.'”

Anderson described how inner-city children in his area, many from the Roosevelt School District, had to do school at McDonalds during the pandemic because they didn’t have internet at home.

The pastor then explained that one of his church members admitted to selling drugs on the side to get his siblings out of public schools. Their mother is deceased, Anderson explained, and one of the man’s younger sisters was attacked by a group of 14-year-old girls at her school.

“He had to find whatever means he could to try to get his brothers and sisters into private schools. He’s putting his freedom on the line to do that,” said Anderson. “Why is it that the rich kids can afford to go to these better schools, but these poorer kids can’t?”

HB2853 would empower parents with access to taxpayer funds already allocated for their students to apply to the schooling of their choice. The bill would appropriate $2.2 million and 26 full-time equivalent positions from the state general fund in 2023 to the ADE.

HB2853 would also enable ESA funds to be used for public transportation; computer hardware; educational technology like calculators, personal computers, laptops, tablets, microscopes, telescopes, and printers; consumable educational supplies like paper, pens, and markers; and additional disability services and education plan costs.

As for enrollment eligibility, the legislation would reduce the number of hours needed for K-12 online students to qualify by about half. It would also require students in grades 3-12 take nationally standardized tests, which may be swapped out for exams chosen by parents or qualified schools. Students with disabilities would be exempted from that examination requirement. Additionally, qualified schools with 50 or more ESA students must issue the aggregate test scores of all enrolled students or all ESA students annually. 

Furthermore, the bill would expand the appeal deadline to 15 business days, and allow parents to represent themselves or designate non-attorney representatives in appeals hearings. 

If passed as introduced, HB2853 includes a retroactivity clause rendering it effective as of July 1 of this year. 

HB2853 angered school choice opponents. They claimed that the bill would rob public schools of their funding and award it to private schools and special interests.

At the time of press, GOP gubernatorial candidates Matt Salmon and Karrin Taylor Robson signaled support for HB2853. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.