by Daniel Stefanski | Dec 3, 2024 | News
By Daniel Stefanski |
The Arizona Legislature’s two Second Amendment hawks achieved a major victory for their constituents’ freedoms.
Earlier this month, the Sedona City Council announced plans to reconstruct a local ordinance that had caught the ire of two Republican state legislators this fall, Representatives Quang Nguyen and Selina Bliss. The news came after the lawmakers had taken their dispute to the Arizona Attorney General’s Office over the City of Sedona’s Ordinance 12.30.090, which prohibits individuals from carrying firearms on “any trail or open space area.”
Nguyen had previously written, “The City of Sedona has had ample time to address these concerns and has chosen not to act. We are left with no choice but to seek the Attorney General’s involvement to ensure the rule of law is followed.”
The letter to Mayes followed Representative Nguyen’s prior communication to Sedona Mayor Scott Jablow and city councilmembers over the ordinance. Nguyen had highlighted that the Ordinance’s prohibition “on carrying firearms is not consistent with Arizona Revised Statutes § 13-3108,” thus making it “invalid and unenforceable because it exceeds what state law authorizes. He pointed out that “cities may…enact ordinances ‘[l]imiting or prohibiting the discharge of firearms in parks and preserves’ when certain statutory conditions are met.”
In a comment to another local publication, a City of Sedona spokeswoman said, “In the new ordinance, a person will be able to carry the firearm in the park but can’t discharge it unless in self-defense.” This ordinance is expected to be updated on December 10, at the next city council meeting.
Bliss responded to the announcement from the municipality, saying, “A message to cities and towns…don’t violate the rights of the people!”
Nguyen and Bliss, two seatmates in a Yavapai County legislative district, have quickly proven themselves to be some of the top Second Amendment advocates in the state. Over the past two years, both lawmakers have won the “Legislator of the Year” award from the Arizona Citizens Defense League for their protection of Second Amendment rights. They will look to continue their defense of Arizonans’ constitutional rights to keep and bear arms in the upcoming legislative session in yet another divided state government.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Mar 14, 2024 | Economy, News
By Daniel Stefanski |
The Arizona Legislature continues to work on solutions to crack down on organized retail theft across the state.
Last week, the Arizona Senate overwhelmingly passed SB 1411 with a 22-4 vote (with four members not voting). The bill would “require the Attorney General to establish the Organized Retail Theft Task Force to combat crimes that relate to stealing, embezzling or obtaining retail merchandise by fraud, false pretenses or other illegal means for the purposes of reselling the items” – according to the purpose from the chamber.
After the vote, Senator David Gowan, the bill’s sponsor, issued the following statement: “California has been forced to invest hundreds of millions of dollars to fight an enormous rise in organized retail crime because of their liberal policies that oppose holding people accountable for breaking the law. Businesses have been forced to shut down and pull out of the state. We don’t want to turn into California, but unfortunately Arizona is also experiencing a rise in these crimes. We need to get ahead of the issue to prevent going down the same path, which is why I sponsored SB 1411 to establish a task force to combat crimes that relate to stealing, embezzling, or obtaining retail merchandise by fraud, false pretenses, or other illegal means for the purposes of reselling the items.”
Gowan added, “The task force will be comprised of federal, state, and local law enforcement, in order to use their combined skills, expertise, and resources more effectively. This bill passed out of the Senate with strong bipartisan support. We all want to protect our businesses and keep our communities safe from theft.”
Last month, the bill passed the Senate Committee on Military Affairs, Public Safety and Border Security with a 7-0 tally.
Senator Janae Shamp and Representative Justin Wilmeth joined as co-sponsors for the legislation.
On the Arizona Legislature’s Request to Speak system, representatives from the Arizona Retailers Association, Arizona Attorney General’s Office, Arizona Food Marketing Alliance, Greater Phoenix Chamber of Commerce, and CVS Health signed in in support of the proposal.
SB 1411 now heads to the Arizona House of Representatives for consideration.
The efforts to shut down organized retail theft crimes continue the state’s already strong reputation on this front. Arizona already has another Organized Retail Crime Task Force, which commenced under former Attorney General Mark Brnovich’s administration and is also housed in the State Attorney General’s Office.
In December 2021, Brnovich wrote an opinion piece for the Wall Street Journal, warning would-be criminals of his office’s efforts to investigate and prosecute these offenses – especially in the wake of the lawlessness in Arizona’s neighboring state to the west. He wrote, “As Arizona’s attorney general, I have refused to capitulate to the lawless mob…We expect our efforts will deter such theft and hope our task force becomes a model for California and other states.”
Maricopa County Attorney Rachel Mitchell also has a strong presence against organized retail theft. In 2023, her office announced that it had made 354 bookings over these crimes, which was the most in the county since 2020. Additionally, in November 2023, Mitchell started a ‘Safe Shopping’ Campaign “to stop this fast-growing category of lawlessness.” Mitchell said, “Here’s what I say to the thieves who commit these crimes: we will find you, you will be arrested, and we will prosecute you to the fullest extent of the law.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jul 12, 2023 | News
By Daniel Stefanski |
Another Arizona state official is experiencing a high-profile staff departure just over six months after taking office.
On Monday, Arizona Attorney General Kris Mayes announced the resignation of her Chief of Staff, Amy Love, informing Arizonans that Love would soon be leaving her team.
In a statement, Mayes said, “Amy Love is an exceptional public servant, and I thank her for her service to the Arizona Attorney General’s Office. I wish her all the best in her future endeavors.”
The news about Love’s exit highlighted that her final day at the Attorney General’s Office would be August 7, 2023.
Mayes did not immediately indicate what her next move would be for filling the soon-to-be vacant position at the top of her team. Under former Attorney General Mark Brnovich’s administration, the Chief of Staff and Chief Deputy positions were jointly housed under one individual’s job responsibilities. Michael Bailey first held the Chief of Staff and Chief Deputy titles, and then Joe Kanefield, for Brnovich.
When Mayes assumed control of the Attorney General’s Office, she decided to create two positions from the Chief Deputy and Chief of Staff responsibilities. Dan Barr became Mayes’ Chief Deputy at the start of her tenure as the state’s top prosecutor. Love filled the Chief of Staff position.
Love previously worked for U.S. Senator Mark Kelly from Arizona, serving as his Outreach Director from February 2021 to January 2023.
Mayes’ loss within her staff nucleus follows a similar episode with Democrat Governor Katie Hobbs, who found herself without a Chief of Staff earlier this year. On May 25, Hobbs announced that Allie Bones would “be stepping down from her role…after four and a half years of public service with Hobbs” (mostly in the Arizona Secretary of State’s Office). At the time, Hobbs stated, “(Bones’) goal was to build a team that could work across the aisle to navigate divided government, and she accomplished that.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | May 10, 2023 | News
By Daniel Stefanski |
Amid a growing dispute with Governor Katie Hobbs and the Arizona Legislature over water issues, Democrat Attorney General Kris Mayes is adding another grievance to her tab: the Arizona Fiscal Year 2024 budget.
On Saturday, Attorney General Mayes transmitted a letter to Governor Hobbs and the Arizona Legislature, expressing her “alarm concerning what is currently under consideration for the Arizona Fiscal Year 2024 budget.” According to Mayes’ knowledge of the state of budget negotiations at the time, “most state agencies, including executive offices established by the Constitution such as the Arizona Attorney General’s Office, would not receive any new ongoing monies from the state’s General Fund in FY24.”
In her letter, Mayes noted that her office had requested “a 15 percent pay increase equal to $3,864,700 in ongoing General Fund dollars for the DCS Attorney General Special Line Item to protect Arizona’s children;” an appropriation of “$3,014,500 from the General Fund for 18.5 full-time employees in the Criminal Division that are currently funded from a temporary appropriation from our Consumer Protection Revolving Fund (CPRF);” $1,750,000 to backfill that (National Mortgage) Settlement funding with a CPRF appropriation (for 13 employees in the Consumer Protection Section of our Civil Litigation Division);” and another “$2,150,400 from the General Fund to replace this funding (from the Anti-Racketeering Revolving Fund) we will lose (because of recent statutory changes).”
General Mayes explained her reasoning for this letter in a statement issued Monday, writing, “Over the weekend, I expressed my alarm over a budget proposal that ignores vital needs of Arizonans – including much-needed funding for our office to continue to crack down on crime and fraud. Today, we see a budget proposal moving forward that appears to be politically expedient for a few, but wholly inadequate for the majority of people in our state. As I said, I am opposed to any statewide budget proposal that does not adequately fund Arizona’s ability to fight the fentanyl crisis and the drug cartels, protect Arizona’s children and combat elder abuse and consumer fraud.”
The State’s Chief Law Enforcement Officer also challenged the governor and members of the Legislature to come up with the requested funds, saying, “The Legislature and Governor need to go back to work and produce a budget that is in the best interest of all Arizonans. We need a budget that funds essential state services that protect the well-being and safety of all Arizonans. I will continue to fight, especially for our most vulnerable residents, as well as the dedicated, hard-working public servants in the Attorney General’s Office.”
Mayes, however, saved her most contentious declaration for the end of her letter, mentioning the “talk of the Legislature sweeping the authority of the Attorney General to direct funds received through consent judgments against several pharmaceutical companies for their roles in the opioid crisis.” She warned, “Sweeping this authority from the Attorney General would be a breach of the consent judgments, and as Attorney General I will not stand by and allow this to happen. I fully intend to consult with the Legislature as the judgments dictate. Any proposal that contradicts this provision by having the Legislature instead direct how the state funds will be used is not acceptable, and I am prepared to go to court to ensure that the State is able to obtain and properly direct those funds for opioid treatment, prevention and education if warranted.”
“Attorney General Mayes should learn the facts first, and accurately convey those facts in committee hearings, before making demands and threats to sue the Legislature and the Governor over the budget,” tweeted Livingston with a copy of his letter to her in which he points out that the Legislature does in fact have a say in how the funds are used.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Terri Jo Neff | Dec 24, 2022 | News
By Terri Jo Neff |
A fair housing ordinance enacted by the City of Tucson in September violates state law, and could result in the Arizona Treasurer withholding funds to the city if not repealed in 30 days.
That is the opinion issued Dec. 22 by the Arizona Attorney General’s Office (AGO) following an investigation undertaken in response to a complaint recently filed by State Rep. Ben Toma after Tucson passed Ordinance No. 11959 prohibiting discrimination in housing based on a person’s “lawful source of income.”
Toma, who is now the House Speaker-elect, filed what is known as a 1487 complaint over concerns that Tucson’s new ordinance violates longstanding federal and state fair housing laws.
Under Arizona’s existing fair housing law, a person “may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national origin.”
In addition, a person “may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, familial status or national origin.”
One thing Deputy Solicitor General Michael Catlett notes in the AGO’s investigative report is that Arizona law does not include the right to be free from discrimination based on source of income. Whether such a protection is worthwhile – as city officials argued – was not considered by the AGO because the City of Tucson is 28 years too late in enacting such an ordinance, Catlett noted.
According to the 21-page AGO report, Tucson was given an option by the Arizona Legislature in 1992 to update its fair housing policies. One of the conditions was that any changes were completed by Jan. 1, 1995.
City officials, however, took no action by the deadline which makes the new ordinance inconsistent with Arizona law, Catlett determined. And if city officials do not repeal Ordinance 11959 within 30 days, the AGO “will notify the State Treasurer, who shall withhold state shared monies” in accordance with state law.
Toma called the AGO’s investigative report “an important check” on government.
“We are all bound by the laws of this state and the Constitution,” Toma said in response to the report. “If we hold this expectation for our citizens, then we should do the same for the government. It’s really that simple.”
Tucson has fallen victim to no-growth policies including “not in my back yard” advocates which has put the city in the position of not having enough housing for its citizens, according to Toma.
If Tucson wants to address the housing situation, “then it needs to look inward and remove the barriers that have caused its housing shortage,” Toma said.
And the solution, he added, is quite simple.
“Build more housing. That’s the only answer here.”
Tucson has 30 days to repeal Ordinance 11959. If the City does not repeal, then A.R.S. 41-194.01 requires the State Treasurer to withhold state shared monies until notified by the AGO that the city has come into compliance.
One question will be whether the attorney general’s report will be revised or even overturned by Attorney General-elect Kris Mayes, a Democrat, if she withstands the election challenge filed by Abe Hamadeh, the Republican nominee.
Because the city missed the 1995 deadline for enacting changes to its fair housing policy, the AGO did not address whether Ordinance 11959 and its protection based on lawful source of income is substantially equivalent to federal and state fair housing laws.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
