by AZ Free News | Mar 28, 2021 | News
The Arizona Department of Emergency In Military Affairs welcomed home more than 120 service members returning after completing their respective assignments in support of Operation Enduring Freedom and Spartan Shield.
The 3666 Support Maintenance Company welcome home ceremony was presided over by Major General Michael T. McGuire, Arizona’s Adjunct General on Friday evening at the Goldwater Air National Base in Phoenix.
Operation Spartan Shield (OSS) is a U.S. Department of Defense operation in the Middle East. Operation Spartan Shield is a combined forces contingency operation. Task Force Spartan is the U.S. Army component of OSS.
by AZ Free News | Mar 27, 2021 | News
On Thursday, the Arizona Attorney General’s Office filed a lawsuit against the federal government in an effort to challenge the Tax Mandate portion of the American Rescue Plan Act.
The Act threatens to penalize states by withholding federal COVID-19 relief funding if they lower taxes in any fashion, according to the Attorney General’s Office (AGO).
Thee state argues that the Tax Mandate of the Act is unconstitutional and threatens its sovereignty.
In the lawsuit filed in the U.S. District Court of Arizona, the AGO argues the Tax Mandate is ambiguous and the Treasury has failed to provide Arizona with the proper assurances that states can continue to craft their own tax policies and budgets without fear of federal encroachment, even if those policies are unrelated to relief funds.
Arizona is asking the court to provide both declaratory and injunctive relief.
The Tax Mandate of the Act forbids states from using the relief funds to “directly or indirectly offset a reduction in… net tax revenues.”
The AGO also argues the Tax Mandate represents an “unprecedented intrusion on the separate sovereignty of the States through federal overreach. The Tax Mandate undermines democratic accountability by empowering current governors in ways that violate separation of powers. Because the Act funds are available until 2024, a single governor could bind both the state legislature and a successor governor from providing any tax relief in the future. This would be a clear intrusion by Congress upon the democratic structures of the States.”
by AZ Free News | Mar 27, 2021 | News
The Arizona State Fair Board voted this week to temporarily relocate the State Fair to a new location for 2021. The Board’s decision will allow the fair to proceed later this year.
The Arizona State Fair is an annual event that draws more than one million guests.
Since last year, the State Fair has been a key location for mass testing and vaccine distribution. This temporary relocation allows the fair grounds to continue to be available for public health needs in an underserved area of our community.
Last fall, the State Fair was canceled due to COVID-19, prompting an offer from the Gila River Indian Community (GRIC) to host the 2021 fair on the Wild Horse Pass Development Authority (WHPDA).
The Governor’s Office in its announcement, said the “area is larger than the size of the State Fairgrounds in Phoenix, allowing for appropriate social distancing and other public health mitigation measures.”
“The Arizona State Fair is a beloved annual tradition for countless Arizona families,” said Governor Ducey in the announcement. “This gracious offer by the Gila River Indian Community and today’s decision by the Arizona State Fair Board ensures that another year won’t pass without a State Fair.”
by Corinne Murdock | Mar 26, 2021 | News
By Corinne Murdock |
Earlier this month, the Arizona Board of Psychologist Examiners failed in their attempt to punish a psychologist seeking her license under the universal licensing law.
Dr. Carol Gandolfo applied to practice after the landmark legislation passed in April 2019. The board denied Gandolfo’s application, as well as four others. They claimed that Gandolfo didn’t qualify under the law because she’d moved to Arizona before the law was enacted. Since she didn’t qualify for the protections of the universal licensing law, the board used old licensing standards to claim that her degree was insufficient because it wasn’t from a regionally-accredited school.
The Goldwater Institute stepped in on Gandolfo’s behalf to fight the board. This caused the board to reverse its decision on how they’d interpreted the law in her case and the four others. However, the board decided it wasn’t done with Gandolfo.
The board opened up an investigation in a furthered attempt to deny her a license. They characterized Gandolfo’s volunteer activities with groups like law enforcement and first responders as unlawful. In doing so, they accused her of practicing without a license.
However, those accusations didn’t stick. After some months of investigating into Gandolfo, the board submitted a nonpunitive letter acknowledging that Gandolfo didn’t engage in any wrongdoing.
Now, nearly two years after initial passage of the law, Gandolfo has been cleared to receive her license to practice.
The Goldwater Institute issued a statement on the board’s decision to close their complaint.
“At a time when more Arizonans are in need of mental health services, the Board should focus on allowing respected professionals to provide those services,” stated the Institute. “The Board’s decision today allows Dr. Gandolfo to get back to providing the care she is trained and experienced to provide, and it assures other Arizonans that they can practice their professions free from arbitrary restraints of occupational licensing boards.”
Licensing boards have proved to be a double-edged sword for businesses. Proponents for expanded boards focus on the potential protections it can offer the consumer by preventing inadequate, harmful, improper, or dangerous practices, they argue.
Proponents for limited boards – or, no boards at all in some cases – argue that they stymie healthy competition, which also impacts the cost to both consumers and businesses. They also argue that they establish barriers between an individual and their profession.
Just before the onset of the COVID-19 nationwide health emergency last February, the Goldwater Institute noted that over 750 businesses benefited from the new universal licensing law. In June – several months into the pandemic – nearly 1,200 individuals gained their Arizona license under the law.
At the time of that report, several hundred other individuals had filed their applications. Only 16 were rejected out of all those who filed. 12 of those rejected applications had nothing to do with credentials, however. The individuals merely failed on the technicalities of residency requirements. A board official clarified that those applicants weren’t ultimately considered rejections because they reapplied for a standard license.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
by AZ Free News | Mar 25, 2021 | News
On Thursday, Arizona Gov. Doug Ducey announced his decision to lift the state’s restrictive COVID-19 measures. The governor cited the declining case rates and number of vaccinated Arizonans as reasons the measures are no longer necessary.
Ducey’s order still allows businesses to enforce mask mandates if they want, but cities, towns and counties must lift theirs.
According to the Governor’s Office, “3,041,773 doses of COVID-19 vaccine had been administered to 1,927,278 individuals in Arizona, including 1,185,986 who have been fully vaccinated.”
There has also been 10 weeks of declining cases, and hospitalizations at the lowest level since the end of September.
Under the changes announced on Thursday:
Events of more than 50 people will no longer need the approval of local governments. These events should continue to follow safe practices and CDC recommendations, including physical distancing. This includes youth sports.
The business guidance will transition from requirements to recommendations. Governor Ducey is providing businesses with the ability to continue requiring masks and social distancing.
Bars will now be allowed to resume regular operations, with the ability to require social distancing and masks.
“As we’ve said all along, distribution of the vaccine is our best path to getting back to normal, and I want to thank the millions of Arizonans who have rolled up their sleeves to make the distribution and uptake so successful,” said Ducey in a press release. “In Arizona, we never did a shutdown, so it’s impossible to have a grand reopening. Instead, we are continuing to take reasonable, safe and sensible steps. The measures put in place last summer allowed Arizona to fight back COVID-19. I want to thank the local leaders who supported these efforts with their own measures, and the businesses who implemented them. Today, we are in a different spot, and we are also a lot smarter. I’m confident Arizona’s businesses and citizens will continue to practice the fundamentals and act responsibly as we gradually get back to normal.”
by Terri Jo Neff | Mar 25, 2021 | News
By Terri Jo Neff |
The attorney for more than 100 bars and saloons across Arizona is declaring victory in a decision issued Wednesday by the Arizona Supreme Court that a recent executive order by Gov. Doug Ducey resolved a dispute about restrictions placed on some liquor license holders which shuttered many businesses for months.
The March 24 order dismissed an appeal filed by attorney Ilan Wurman on behalf of his clients who own Series 6 and Series 7 liquor licenses who alleged Ducey’s executive orders, specifically EO 2020-43 were unlawful. The lawsuit had also challenged operational guidelines issued Aug. 10 by the Arizona Department of Health Service (ADHS).
Most Series 6 & 7 licenses are used to operate smaller, family owned bars which were disproportionally impacted by Ducey’s executive orders last year. EO 2020-43 kept many closed while other liquor-serving establishments were allowed to remain open.
The supreme court’s order notes Ducey issued a EO 2021-05 on March 5, rescinding capacity or occupancy limits in place under a previous executive order. However, EO 2021-05 did not come right out and say all other executive orders related to operation of liquor-related businesses, such as EO 2020-43, were obsolete.
The supreme court took care of that, Wurman says, in its order finding that the bar owners’ appeal of a legal challenge against Ducey is now moot because EO 2021-05 will govern in the event of conflict with other executive orders and removes any distinctions between how Series 6 & 7 licensees and other businesses can operate.
According to Wurman, the supreme court’s order is “a huge win” for his clients.
“A case is moot if the Plaintiffs have obtained all the relief they seek,” he said. “The Court’s ruling is that the new EO (2021-05) rescinds any contrary guidelines that limit capacity. Further, they interpret it to prohibit discrimination against series 6s. Therefore, bars can now open and operate on the same terms as anyone else.”
As a result, Wurman is advising his clients that they can “open up 100 percent.”
“That is the only interpretation of the Supreme Court’s order that would actually render this case moot,” he said, adding that if Ducey, ADHS, or the Arizona Department of Liquor Licenses & Control disagrees with how the Supreme Court evaluated EO 2021-05, “it is incumbent upon them promptly to issue new guidance clarifying what restrictions still apply specifically to bars.”
