On Monday, a federal judge ordered the Biden administration to continue executing Title 42, a Trump-era policy allowing for expedited deportations and asylum processing.
Louisiana Western District Court Judge Robert Summerhays, a Trump-appointed judge and native of Fort Worth, Texas, issued the temporary restraining order (TRO). According to the conference minutes, the attorney generals engaged in the case will negotiate with the Biden administration on how to continue implementation of Title 42.
BREAKING: I am so proud of the lawyers from our office who just got a Temporary Restraining Order to keep Title 42 in place. We will continue to fight the Biden administration's open border policies.
The TRO was the latest development in Brnovich’s lawsuit against the Biden administration for ending Title 42 at all, in what Brnovich characterized as “the worst border crisis in history.” Per monthly and annual reports from U.S. Customs and Border Protection (CBP), Brnovich’s assessment appears accurate.
Brnovich led two other states, Louisiana and Missouri, in filing the lawsuit.
In a press release, Brnovich thanked Summerhays for keeping Title 42 in place.
“The Biden administration cannot continue in flagrant disregard for existing laws and required administrative procedures,” remarked Brnovich.
In some reports, the case is filed as Arizona v. Centers for Disease Control & Prevention, et al., but federal court records list the case as Louisiana, et al. v. Centers for Disease Control & Prevention. The case number is 6:22-cv-00885.
The Biden administration promised to end Title 42 come May 23. However, the attorney generals learned through court filings provided by the Department of Homeland Security (DHS) that the policy was being terminated prematurely.
The next hearing on that lawsuit is scheduled for May 13.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A local high school has enforced its district mask mandate relentlessly but students dropped their masks to participate in the “Day of Silence,” or “DOS,” a day of action for LGBTQ acceptance. Pre-pandemic, students participated by taping their mouths shut. This year was no different for some, according to reports received by AZ Free News.
Last Friday, the Gay Straight Alliance (GSA) Club at Betty H. Fairfax High School within the Phoenix Union High School District (PXU) organized a slew of activities to commemorate students taking a vow of silence for the purported silencing that the LGBTQ+ community faces. The club handed out rainbow lanyards with DOS informational cards, rainbow stickers, and rainbow masks. There were several large tables set up outside with posters, and they encouraged students to participate in either of the two “solidarity circles” during lunch: students standing or walking in a circle holding hands.
AZ Free News reached out to PXU for comment. They didn’t respond by press time.
DOS and the GSA clubs, also identified by a number of other names such as “Genders & Sexualities Alliance” or “Queer-Straight Alliance” at other schools, are the brainchild of Gay, Lesbian, & Straight Education Network (GLSEN), an activist organization focusing on minors’ sexualization. GLSEN has expressed repeatedly that they never advocated for duct tape wearing for DOS, but acknowledged that it was a popular outward expression of the vow of silence.
Current students weren’t the only ones subject to GSA exposure that week. Several days prior to the DOS protest, Betty H. Fairfax High School welcomed future freshmen with a GSA booth, among others.
Several months before these events, the club passed out pronoun pins for students and faculty to wear on their lanyards.
Former Arizona Attorney General and Superintendent of Public Instruction candidate Tom Horne said in a statement to AZ Free News that Arizona students’ SAT scores were above the national average but declined after he left office. Horne characterized the GSA club events like Day of Silence as diversions that hurt academic outcomes.
“This is because leadership has neglected the necessary emphasis on academics, with harmful diversions, such as critical race theory, or, as in this case, A day of silence, which interferes with learning,” said Horne. “Schools need to be teaching the academics and not promoting racially divisive critical race theory, or other similar diversions such as the day of silence. The exception for the mask mandate shows runaway hypocrisy. My heroes are teachers who love their subjects, and focus on teaching them, rather than those who see their role as pushing ideological agendas.”
Betty H. Fairfax High School GSA has led the charge on LGBTQ popularity and acceptance in the district for years. In 2018, they won the GSA of the Year award.
Then in 2019, the woman who started the GSA club, Dayna Monroe, won GSA Sponsor of the Year. Monroe explained in an interview on receiving the award that her efforts caused district-wide policy changes. Her students nicknamed her “Mommy Monroe,” with one female student likening Monroe to a “therapist” figure.
“Mrs. Monroe, I consider her my school mom. She’s someone I can trust,” testified another female student.
Monroe has taught in schools for 20 years, with a decade spent in PXU.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A new state law resolves one of the most controversial aspects of the pandemic – who gets to decide whether a child must wear a mask or face covering.
On Monday, Gov. Doug Ducey signed House Bill 2616 which puts the mask or no mask decision squarely in the hands of parents instead of school officials or any other bureaucrat.
“Parents should make decisions for their children, not the government,” said Rep. Joseph Chaplik, who sponsored HB2616 to require the express consent of the parent or guardian of anyone under age 18 before a government official can require a child to wear a mask.
“Arizona law already requires parents to be consulted before instituting medical requirements for children,” noted Chaplik (R-LD23). “This commonsense bill extends the law to include masks, joining other freedom states in protecting the right of parents to make decisions for their child.”
The prohibition on mask mandates of children applies to the State of Arizona, its political subdivisions, any governmental entity, school districts, and charter schools. The entire Republican caucus of the House and the Senate voted in support of HB2616, which was sent to the governor’s desk last week.
A bill to increase the age for when Arizonans can legally smoke, vape, and use other non-medical nicotine products was stubbed out in the Senate on Monday, although it could be revived before the legislative session is over.
House Bill 2505 has been amended in an attempt to raise the legal age from 18 to 21 to buy, possess, or use a wide range of tobacco, vaping, or alternative nicotine products. Among its provisions is language to change the definition of retail tobacco vendors and expand the definitions of which tobacco, vaping, or alternative nicotine products fall under Arizona’s criminal code.
HB2505 also makes it easier for prosecutors to convict a person of any age of a petty offense for selling or giving such products to someone under 21. There would be no defense allowed for unknowingly violating one of the provisions, nor can a person argue that they were shown a seemingly legit identification card.
The American Heart Association – Arizona Chapter opposed HB2505, arguing the legislation “creates loopholes for the tobacco industry” while penalizing youth instead of protecting them. The legislation split the Republican Senate caucus leading to a 13-14 loss, with 3 Democrats not present to vote.
Among the 12 Republicans joining Minority Leader Rebecca Rios (D-LD27) in voting aye were Sens. Wendy Rogers, Nancy Barto, and David Livingston. The other 4 Republicans -Sens. Paul Boyer, Rick Gray, Michelle Ugenti-Rita, and Kelly Townsend- voted no.
Townsend and Ugenti-Rita rejected the bill, calling it government overreach.
Boyer had previously expressed opposition to the bill put forth as a strike-everything amendment by Sen. Vince Leach. He argued the bill would allow Big Tobacco to market to minors while allowing retailers to operate closer to schools.
Gray made a motion for reconsideration after HB2505 fell short of the needed votes. The motion passed, meaning Leach’s legislation could be revoted on in the future.
Former Maricopa County Recorder Adrian Fontes declared that Arizona should eliminate its voting precincts and adopt all-mail voting.
Fontes proposed the ideas during a half-hour debate with House Minority Leader Reginald Bolding (D-Laveen) hosted by Arizona Horizon on Wednesday.
“We need to have vote centers across the entire state so anyone can vote anywhere,” said Fontes. “Do we need reform? The simple answer is yes, but that reform needs to come in a continuation of the progress Arizona has had for 30 years, not stepping backwards like some people want.”
Fontes also proposed that the state should adopt Maricopa County’s ballot tracking system and send voters text messages when mail-in ballots are mailed to the voter and received by the election department.
Bolding appeared to disagree with Fontes.
“One thing I do think is extremely important is that we have to provide Arizonans with choices. And we have to make sure that we have free, fair, and secure elections,” said Bolding. “We have to make sure our systems are working for everybody.”
That wasn’t to say that Bolding disagreed with mail-in voting. Bolding insisted that vote-by-mail is secure, and that Arizona is a prime example of that fact.
Fontes responded that his proposal for vote centers would still provide options for those who want to vote in-person rather than by mail. He insinuated that Bolding didn’t understand all-mail voting because he lacked the election administration experience.
“It’s very clear to folks with the experience in these offices that when we say ‘all ballot by mail’ we have to have an option for replacing messed-up ballots, ballots that folks want to change, for example: they can bring them in, turn them in, and get new ballots,” said Fontes.
Bolding pledged to register high school seniors to vote as soon as they turned 18 and improve the state’s lobbyist database. He said that partisanship has reached an “all-time high” in the state and country.
Fontes pledged to publish an easy-to-read elections procedures manual, reduce red tape for small business development such as registries of trademarks and notary public procedures, increase public communications, and improve information technology security systems.
Bolding argued that the current elections process was too complicated for most Arizonans to understand. Fontes agreed.
Fontes claimed that his administration executed a secure election that defeated former President Donald Trump’s “Big Lie” that the 2020 election was rigged to ensure President Joe Biden’s victory.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A bill to raise the legal age for smokers or users of tobacco, vaping products, and alternative nicotine products from 18 to 21 is set to be heard by the Arizona Senate on Monday.
House Bill 2505 is a strike-everything amendment introduced by Sen. Vince Leach which also expands the definitions of what tobacco, vaping, or alternative nicotine products fall under Arizona’s criminal code. It also puts more restrictions on retailers of such products.
Leach’s amendment would make it a petty offense for anyone under age 21 to buy tobacco, a vapor product, or an alternative nicotine product as well as to have such items in their possession. It would also be a petty offense for someone under age 21 to possess any “instrument or paraphernalia” solely designed for smoking or ingesting a prohibited substance, such as a hookah or waterpipe.
And if that person under age 21 misrepresents their age by means of a written instrument of identification with the intent to induce someone to violate the law then under HB2505 the person presenting the fake ID would be guilty of a petty offense and must pay a fine up to $500.
But Leach is also seeking tomake it a petty offense for any person -regardless of age- to “sell, give, or furnish” tobacco, a vapor product, or an alternative nicotine product to someone under 21 without a prosecutor having to prove the person did so knowingly.
HB2505 also seeks to expand restrictions on the possession or use of tobacco products, alternative nicotine products, and vapor products on school grounds, parking lots, playing fields, busses, and at off-campus sponsored events. The term “school” applies to any public, charter, or private school serving students from K-12.
SB2505 would also redefine the legal meaning of a retail tobacco vendor and prohibit the sale or distribution of tobacco products, alternative nicotine products, and vapor products through a self-service or vending machine unless located in a retail establishment that does not allow anyone under the age of 21 to enter. There would also be restrictions on the sale of such products via delivery service.
Retail tobacco vendors would also be required to “prominently display” a sign measuring at least 80 square inches warning that anyone under age 21 would be committing a crime by attempting to purchase tobacco products, alternative nicotine products, or vapor products. The sign must also note that a fine of up to $300 may be imposed on conviction.
The legislation also confirms that the definitions used HB2505 are to have “the same meaning” as the definitions used in Arizona’s criminal code.
Leach’s amendment to HB2505 includes an exemption to 21 year age limit for “a bona fide practice of a religious belief” that is an integral part of a religious or ceremonial exercise. Another exemption states that it is not a petty offense for someone under age 21 to possess paraphernalia used for smoking or ingesting tobacco or shisha if the item “was a gift or souvenir and is not used or intended to be used” by someone under age 21 for such activity.
If Leach’s effort passes out of the Senate, then HB2505 must be heard again by the full House given that its current language has nothing to do the original procurement legislation addressed in HB2505 when introduced by House Majority Leader Ben Toma.
HB2505 would take effect after Dec. 31 of this year if it is signed into law.
