The city of Flagstaff is poised to implement a uniform ban on all paid advertising at the Pulliam Airport following the threat of a lawsuit for banning a firearms ad.
This latest proposal comes after pushback to the city’s proposed prohibition on firearms advertising, a policy that came about after denying admission of an ad from an indoor shooting facility, Timberline Firearms and Training.
During the city council’s work session meeting on Tuesday, councilwoman Lori Matthews said that the city didn’t rely on the airport advertising for its revenue stream, and that determining what could be deemed offensive was too time-consuming and problematic.
“I feel that that’s a more equitable way to do it so that we’re not having discussions every time there’s something we didn’t think about,” said Matthews.
City manager Greg Clifton concurred with Matthews’ view that the potential cost and effort of defending advertising policy to the public and in court would far exceed the airport’s revenue stream.
“We’re talking, maybe, tens of thousands of dollars annually,” said Clifton. “This is not worth it.”
Mayor Becky Daggett agreed; she said that they’d already spent far too much time on their part and on staff’s part to review, debate, and refine the policy.
The Goldwater Institute, which sent a demand letter on behalf of Wilson, told AZ Free News that this latest move by the city was an effort to maintain control and shut out opposing views.
“The city is tying itself in knots to suppress viewpoints it doesn’t like. First, the city violated Rob’s constitutional rights by falsely claiming his ad shows ‘violence or anti-social behavior.’ Then, officials got to work crafting a new airport advertising policy specifically meant to target Rob and his business: an unconstitutional ban on all firearms-related airport ads,” said the organization. “After the Goldwater Institute made clear this new policy wouldn’t stand up in court, officials are now considering a blanket ban on all advertising at the airport rather than defend an indefensible position. There’s a better way: the city should simply allow Rob to run his harmless ad, as he has already done thousands of times, with no complaints.”
The Goldwater Institute sent legal notice to the city last month. In September, Republican lawmakers also warned the city that their proposed ban would be unconstitutional and unlawful.
During the Tuesday meeting, deputy city attorney Kevin Fincel discussed the new draft city advertising policy. Part of the presentation lamented that widespread press coverage of the firearms ban portion of the policy had resulted in controversy, and that some quotes by the press were inaccurate or misleading.
Specifically, the city took issue that multiple outlets included the following quote from the Goldwater Institute claiming that Flagstaff was “abusing its power to push an anti-gun agenda.”
Fincel noted that Timberline Firearms hadn’t run an ad in the airport since 2019. The city maintained that it hadn’t banned the shooting range from advertising, just that specific ad submitted.
“I don’t think Timberline was denied the ability to run an ad at the airport. I think, again, Timberline wanted to run a certain ad at the airport that staff took issue with or possibly discuss to edit,” said Fincel. “I think there was a narrative too, […] it was never an attempt to prevent Timberline from advertising, definitely not from the city,
The city included a July 7 email from Economic Vitality director Heidi Hansen to Wilson, citing it as proof that the city offered alternative advertising opportunities through Discover Flagstaff. The email offered no guarantee that the alternative would allow Wilson’s ad.
“Further, to our Discover Flagstaff, business relationship, they are very good at listening, understanding and then providing a plan,” said Hansen in the email. “They are very accessible, responsive, and reactive, they pivot when we need to pivot – they understand our business as many staff have worked in Destination Marketing Organizations (DMO). If you are interested in learning more and seeing how they might be able to cast a local net for you, I would give one of them a call to get more information. It’s an extremely targeted way to advertise.” (emphasis added)
City staff charged with reviewing ads for approval took issue with the ad because it depicted an individual firing a gun at a paper silhouette target. The city claimed that the ad conflicted with guidelines barring the representation of “violence or antisocial behavior.”
The contested ad by Timber Firearms and Training may be watched below:
The city plans to take action on a finalized version of the ban on paid advertising at the Pulliam Airport on Nov. 21.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Republican lawmakers are warning the Flagstaff City Council that their proposed ban on firearms ads would be unconstitutional and unlawful.
In a letter obtained by AZ Free News, State Reps. David Marshall (R-LD07), Leo Biasucci (R-LD30), and Quang Nguyen (R-LD1) told the council that the ban presented multiple constitutional concerns such as viewpoint discrimination and would violate state law, citing A.R.S. §13-3108.
“We trust that you realize, however, that the draft policy has nothing to do with ‘violence’ or ‘antisocial behavior.’ As written, the draft policy raises a host of constitutional concerns, including viewpoint discrimination,” said the lawmakers.
Flagstaff is set to vote today on a new radical ad policy discriminating against firearms-related speech. I joined my @AZHouse colleagues @DaveMarshallAZ and @Leo4AzHouse in calling out its potential constitutional violations and likely breach of state law. #1A#2Apic.twitter.com/cBWUBsgaTP
State Rep. John Gillette (R-LD30) agreed with his fellow lawmakers’ assessment of the policy.
“This can’t stand, what is repugnant to the Constitution should be void,” said Gillette.
During the meeting, Councilmember Lori Matthews said that firearms-related businesses should still be allowed to advertise, and proposed more specific restrictions on depictions of violence rather than banning all display of firearms in general.
“I feel uncomfortable thinking we would turn off a whole industry,” said Matthews.
Councilmember Jim McCarthy compared massage parlors, marijuana and cigarette shops to firearms, saying that none of those business owners were complaining of their inability to advertise. McCarthy claimed that the firearms-related businesses wouldn’t be hurt by this policy.
“This will have no effect on the operation of any of these businesses. What they can do or not do is determined by state law and other regulations,” said McCarthy. “[This policy will] have no impact on free speech in general.”
Councilmember Deb Harris said she didn’t need any more explanation of the policy changes, and that she was in full support of the draft policy as it stood.
Heidi Hansen, director of Economic Vitality, was responsible for the policy changes. Hansen recommended requiring firearms-related companies to include compelled speech consisting of a “safety message” in their advertisements.
Hansen further disclosed that their rejection of an ad placement by Timber Firearms and Training was due to the fact that the ad video depicted a firearms instructor “firing rapidly” at a “silhouette of a person.” The figure in question was likely the B-27 silhouette paper target, a common tool for shooting ranges, especially for law enforcement training.
“It was firing quite rapidly at a silhouette of a person and we felt like that might make someone uncomfortable,” said Hansen.
It appears that Timber Firearms and Training ad placement request was the motivator for the new proposed policy.
Wilson spoke out against the policy during Tuesday’s meeting. He noted that ads do have an impact, contrary to what some on the council implied.
“Sadly, some of our customers are like the single mother that just left the judge’s chambers. She has an order of protection but knows the abuser’s not going to honor that. She has to come someplace where she can get training and where she can get armed to defend herself and her children,” said Wilson. “If she didn’t know we existed, what would the result be?”
Wilson further warned the council that the proposed policy would be grounds for a lawsuit.
Michael Infanzon, a lobbyist representing the Arizona Citizens Defense League (ACDL), also voiced opposition to the policy. Infanzon said that the policy ran afoul of the Constitution and Arizona statute.
“[Municipalities] cannot enforce a complete ban unless they can demonstrate that such advertising constitutes a threat to public health and safety,” recited Infanzon.
Councilmember Miranda Sweet said Timber Firearms and Training may have to compromise.
“I was very uncomfortable when I watched [the ad video],” said Sweet. “We’re trying to welcome people into the community when they come into the airport, and the video didn’t portray that.”
Vice Mayor Austin Aslan said the proposed policy was “far too descriptive” and suggested changing the language to reflect “weapons” rather than “firearms.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The city of Flagstaff is looking to designate Juneteenth and Native American Heritage Day as two official city holidays this year.
Flagstaff’s Commission on Diversity Awareness reported during last week’s meeting that they would be working with the Indigenous Commission to establish the two holidays.
City officials noted that the city would be aligning with the Biden administration’s initiative, with bipartisan support from Congress, declaring Juneteenth a federal holiday in 2021. Juneteenth occurs on June 19, in recognition of the declaration freeing Texan slaves on June 19, 1865.
In his first proclamation recognizing Juneteenth, President Joe Biden said that slavery has left a legacy of “systemic racism, inequality, and inhumanity,” and that the nation owed it to Black Americans to commit to equitable work.
“In its celebration of freedom, Juneteenth is a day that should be recognized by all Americans,” stated Biden. “And that is why I am proud to have consecrated Juneteenth as our newest national holiday.”
A similar call to action was issued earlier this month by foremost diversity, equity, and inclusion pundit, Ibram Kendi, at a keynote speech arranged by Arizona State University (ASU). Kendi advocated for an authoritarian rule by anti-racist elite, a proposal that ASU later commended in a write-up of the speaking event.
“In order to create a society whereby we have policies and practices that are equitable and just and fair — and provide equal opportunity for all, and institutions that are built on those policies — we don’t necessarily need to create a critical mass of Americans who are anti-racist,” said Kendi. “We just need enough people who can get into positions of power, who will then institute [anti-racist] policies and practices.”
Flagstaff’s proposed Native American Heritage Day — slated to occur on Black Friday, the day after Thanksgiving — would replace their former recognition of the day, eponymously named “Day After Thanksgiving.”
The federal government already designated Black Friday as Native American Heritage Day. The concept arose from a resolution by former Democratic California Rep. Joe Baca and was signed by Former President George Bush in 2008.
“[Congress] encourages the people of the United States, as well as Federal, State, and local governments, and interested groups and organizations to observe Native American Heritage Day with appropriate programs, ceremonies, and activities, including activities relating to—the historical status of Native American tribal governments as well as the present day status of Native Americans; the cultures, traditions, and languages of Native Americans; and the rich Native American cultural legacy that all Americans enjoy today,” read the resolution.
The city has regularly celebrated November as “Native American Heritage Month” annually.
Last night, Flagstaff Mayor Paul Deasy proclaimed November 2022 as Native American Heritage Month!
Members of the community are encouraged to learn about and appreciate the history, heritage, and contributions of Native American and Indigenous peoples of this great land. pic.twitter.com/VKgeyAkuAc
Flagstaff hasn’t been the only city to modify its holidays as of late. Last week, Phoenix City Council approved a resolution to recognize Indigenous Peoples’ Day over Columbus Day this year. The city’s move aligned with the Biden administration’s annual declaration of the holiday as Indigenous Peoples’ Day.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The city of Flagstaff received nearly $9 million in federal funding to provide about 100 additional rooms for the homeless.
The Arizona Department of Housing (ADOH) issued $8.95 million in federal American Rescue Plan Act (ARPA) funds for purchase and renovation of the motel. The motel will provide 103 rooms as transitional housing before becoming permanent supportive housing.
Permanent supportive housing provides aid such as long-term leasing or renting assistance, as well as services to treat issues preventing total independence like mental illness and substance abuse.
Flagstaff Shelter Services (FSS), a nonprofit organization, will run the housing project. The housing is scheduled to become available this December.
Congrats to @FlagShelterOrg on today receiving $8.95 million in ADOH funding to acquire and rehab the Lucky Lane Motel 6 in @CityofFlagstaff into 103 units of transitional bridge housing serving homeless individuals and families. The housing is scheduled to open in December 2023! pic.twitter.com/2nUjcR0aqJ
FSS is the only Coconino County agency that provides emergency shelter and services without preconditions, such as sobriety, treatment, or service participation requirements.
Nixing preconditions for shelter and services is a key component of the “housing first” model toward addressing homelessness. “Housing first” theorizes that the homeless will choose to seek employment, achieve financial responsibility, receive mental health care, and/or receive substance abuse treatment if housing is first provided.
Flagstaff named housing first its choice approach for mitigating homelessness, following declaration of a housing emergency in 2020. The city unveiled its goals last February when it launched a 10-year housing plan to address the emergency.
Flagstaff noted that addressing homelessness would likely require an undisclosed number of millions of dollars.
In addition to outlining its housing first approach, Flagstaff attributed homelessness to systemic racial inequities. It also suggested implementing housing equity, in which individuals would receive disparate treatment in order to achieve purportedly equal outcomes.
Last July, FSS received nearly $6.2 million to purchase another motel, the historic Howard Johnson Motel off of Route 66, to provide 58 rooms to the homeless. FSS estimated they could serve over 1,000 people annually with emergency shelter through the motel conversion.
According to the Arizona Department of Economic Security annual report issued last December, there were over 13,500 homeless people in the entire state.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The city of Flagstaff is proposing to effectively decriminalize abortion. The proposed resolution is listed currently on the draft agenda for next week’s planned formal meeting.
The resolution would permit Flagstaff police to deprioritize alleged violations of abortion crimes by referring them to the Arizona Department of Health Services (ADHS), and by not arresting the alleged offenders.
“The City Council supports the Flagstaff Police Department in establishing law enforcement priorities that consider the need to protect the physical, psychological, and socioeconomic wellbeing of pregnant persons and their care providers,” stated the resolution. “The City Council supports the Flagstaff Police Department in establishing policies that require a report of an alleged violation of [statute] that is reported to have taken place at a medical facility, be referred to the Arizona Department of Health Services for investigation and that no physical arrest be made by the Flagstaff Police Department.”
The resolution also opposed A.R.S. §§ 36-2321 through 2326 specifically, which outline bans on abortions after 15 weeks gestation except in the cases of medical emergencies, as well as “all provisions of Arizona law criminalizing abortion.” The council petitioned the legislature to repeal all laws criminalizing abortion.
As justification for its position, the council’s resolution cited the American College of Obstetricians and Gynecologists’ claim that abortion bans harm women’s health. The council claimed that pregnancy has a 14 times higher risk of death than abortion. It also cited statistics indicating that rural area, minority, and lower-income women more often rely on abortion and therefore will be disproportionately impacted by it.
The proposed resolution arose out of a citizen petition submitted to the council last August by the Flagstaff Abortion Alliance. Vice Mayor Austin Aslan, at the time still a member of the council, advanced the petition. According to Women’s March Flagstaff, the city plans to implement stronger protections for abortionists and women obtaining abortions, such as restrictions on surveillance, arrest, and prosecution, in the near future.
Only Councilwoman Lori Matthews opposed the resolution at last week’s meeting. She broke it to the many pro-abortion activists present at the meeting that the city couldn’t truly protect citizens from abortion laws. Matthews stated that there were other pressing issues that the council should be facing, but that it was caught up in this issue of resisting current law.
“The Flagstaff City Council cannot change the law and we cannot protect your right to abortion,” said Matthews. “[W]e can only make a politically charged statement.”
Matthews added that those supportive of the resolution seemed to not understand that current state law doesn’t ban all abortions, just those following 15 weeks gestation. She further alluded that the council shouldn’t support a resolution that would contradict their oath of office: upholding state law.
“We cannot pass an ordinance protecting abortion rights, so why are we talking about this very politically and emotionally charged issue just to make a political statement that clearly doesn’t represent the community as a whole?” said Matthews. “We took an oath of office to uphold the Constitution, to uphold the state constitution, and its laws. And until those laws change, we have to abide by them because that’s the oath of office we take.”
The council cited the cities of Tucson and Phoenix as inspiration for their resolution to effectively decriminalize abortion.
Tucson decriminalized abortion last June, shortly after the Supreme Court (SCOTUS) draft opinion leaked revealing their overturning of Roe v. Wade through the case Dobbs v. Jackson Women’s Health. About a month earlier, Pima County Attorney Laura Conover promised to not give jail time to those seeking or assisting abortions.
Phoenix followed Tucson months later, decriminalizing abortion last October.
The discrepancy between state law and both local and state leadership is more evident following the midterm election. Last week, Attorney General Kris Mayes joined a multistate lawsuit against the FDA in an attempt to remove restrictions on the abortion pill, mifepristone. Arizona signed onto the lawsuit with Washington, Oregon, Nevada, Delaware, Illinois, Connecticut, Colorado, Vermont, New Mexico, Michigan, and Rhode Island.
Mayes and the other attorneys general claimed that mifepristone is safer than Tylenol. The FDA restricts mifepristone and 59 drugs under the Risk Evaluation & Mitigation Strategies (REMS). Other drugs under these restrictions include opioids like fentanyl and high-dose sedatives. Mayes cited FDA assessment that serious complications with mifepristone are rare. Mifepristone can cause bacterial infections and prolonged, heavy menstrual bleeding.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
