Gov. Hobbs’ Housing Moratorium Struck Down In Court

Gov. Hobbs’ Housing Moratorium Struck Down In Court

By Staff Reporter |

The housing moratorium crippling new construction in the Valley imposed by Gov. Katie Hobbs’ administration may not go on for much longer.

The Maricopa County Superior Court struck down the moratorium on Tuesday in Home Builders Association of Central Arizona v. Arizona Department of Water Resources, et al

Under Hobbs, the Arizona Department of Water Resources (ADWR) issued new groundwater regulations rolled out in November 2024 dubbed the “Unmet Demand Rule” and the “Depth-to Water Rule.”

Per the court, these rules went impermissibly beyond the longstanding obligation for builders outlined in Arizona law, which required assurance of sufficient groundwater supply in order for each development to take place (100 years’ worth). 

ADWR imposed the rules based on a groundwater model claiming that unmet demand and exceedance of the 1,000-foot depth-to-water limit existed throughout Phoenix. In other words, their regulations meant a developer seeking a certificate for one subdivision had to answer not just for their development area, but for the water status of the entire Valley. This resulted in ADWR’s indefinite suspension on granting certificates to any developers. 

The consequence of these regulations brought new home construction to a halt throughout Maricopa County. The Home Builders Association of Central Arizona (HBACA), a trade association for the residential construction and development industry, challenged ADWR’s authority to impose new rules.

ADWR attempted to style the Unmet Demand Rule as a new implementation of an old rule, but the Maricopa Superior Court Judge Scott Blaney rejected that view as an undoing of the necessary limitations of administrative agency powers. 

“‘To permit this would neuter all statutory limits on agency rule-making[,]’” stated Blaney in his ruling, quoting HBACA’s argument.

Blaney also found that ADWR didn’t follow state law on agency rulemaking under the Administrative Procedures Act. Blaney invalidated both rules. 

“ADWR acted unlawfully by implementing two agency rules without first complying with the mandatory provisions of the APA[,]” wrote Blaney.

The Arizona Free Enterprise Club (AFEC) called the court ruling a win and criticized ADWR’s model justifying the overturned regulations as flawed.

“The Maricopa County Superior Court has struck down the Hobbs Administration’s attempt to impose a sweeping housing moratorium based on its flawed water model — a stinging loss for Katie Hobbs and a ruling that the state failed to follow proper legal procedures,” stated AFEC. “This is a major victory for transparency, accountability, and Arizona homeowners.”

Jonathan Riches, vice president for litigation and general counsel for the Goldwater Institute, represented the Home Builders Association of Central Arizona. Goldwater Institute’s vice president for legal affairs, Timothy Sandefur, hailed the ruling as a necessary check on an administrative state attempting to impose greater burdens than that which the law requires.

“The case is also a reminder of the dangerous power that the pervasive ‘administrative state’ wields over our daily lives — as unelected and unaccountable bureaucracies exert authority over every detail of construction, business, and property ownership, to cite just a few examples,” said Sandefur. “The only solution to the arbitrariness and lawlessness of these agencies is to rein in their power — and for courts to ensure that they obey the law.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Goldwater Report Alleges Arizona Universities Using DEI-Focused Courses To Fulfill Civics Requirement

Goldwater Report Alleges Arizona Universities Using DEI-Focused Courses To Fulfill Civics Requirement

By Matthew Holloway |

A new report from the Goldwater Institute alleges that Arizona’s public universities are not complying with state requirements to provide students with instruction in American civics, history, and economics. The findings follow previous Goldwater reports examining the integration of Diversity, Equity, and Inclusion content into both honors and American civics courses.

The report, titled Civic Decline: Arizona’s Public Universities Smuggle DEI into Required American Civics Courses,” examines how the state’s three public universities are implementing the Arizona Board of Regents (ABOR) American Institutions policy within their general education programs.

The policy requires universities to incorporate coursework covering key areas of American civics, explicitly stating:

“The study of American Institutions will include at minimum (I) how the history of the United States continues to shape the present; (II) the basic principles of American constitutional democracy and how they are applied under a republican form of government; (III) the United States Constitution and major American constitutional debates and developments; (IV) the essential founding documents and how they have shaped the nature and functions of American Institutions of self-governance; (V) landmark Supreme Court cases that have shaped law and society; (VI) the civic actions necessary for effective citizenship and civic participation in a self-governing society – for example civil dialog and civil disagreement; and (VII) basic economic knowledge to critically assess public policy options and to inform professional and personal decisions.”

The report asserts that some universities are allowing courses outside of traditional civics instruction to satisfy those requirements.

Timothy Minella, director of higher education policy at the Goldwater Institute and the report’s author, said universities are not meeting the intent of the requirement.

“Arizona’s public universities are failing students by allowing niche courses steeped in DEI to satisfy the state’s robust history and civics requirements,” Minella said in a statement released with the report.

At Arizona State University, Minella states that courses such as “Anthropology of American Democracy,” “Social Welfare, Work, and Justice in the US,” and “Theatre and U.S. Democracy” are being used to meet civics requirements.

He argues that the first course, “ ‘Anthropology of American Democracy,’ fails to meet AMIT requirements and instead centers on the claim that American society oppresses certain groups.”

“The syllabus states that the course ‘emphasizes the relationship between personal narratives and broader historical forces, highlighting how belonging, rights, and obligations are experienced differently across diverse social, racial, and cultural contexts.’ …  In the list of required readings for the course, there are only two that could plausibly be considered ‘founding documents’: the U.S. Constitution (which appears in only one section of the course) and the Declaration of Sentiments from the Seneca Falls Women’s Rights Convention.

Almost every other reading comes from specialized anthropological studies, including ‘I’m American, not Japanese!: The Struggle for Racial Citizenship among Later-Generation Japanese Americans’ and ‘Replicate, Facilitate, Disseminate: The Micropolitics of U.S. Democracy Promotion in Bolivia.’ Revealing the course’s leftist orientation, one module covers ‘anthropology’s role in American Empire Building,’ requiring students to read excerpts from Base Nation: How U.S. Military Bases Abroad Harm America and the World.”

At Northern Arizona University, Minella’s report identifies courses such as “Sociology of Chicanx and Latinx Communities” and “Indigenizing Museums and the Art World” as qualifying for civics and history requirements.

The report also alleges that the University of Arizona has failed to implement the American Institutions policy.

Minella wrote, “In utter defiance of ABOR’s directive, the University of Arizona (UA) has so far failed to implement AMIT at all. UA’s plan to integrate AMIT into general education has been mired in delays and troubling protocols.”

In December 2025, Mark Stegeman, an associate professor of economics at the University of Arizona, warned the university was failing to implement a civics program in accordance with the ABOR mandate, describing the U of A proposal for a single 3-unit course as “a car crash in the making.”

The report recommends that state lawmakers take action if universities do not fully comply with the policy.

The findings follow a separate March report from the Goldwater Institute examining honors colleges at Arizona public universities, including Barrett, The Honors College at Arizona State University, and the W.A. Franke Honors College at the University of Arizona, and the integration of Diversity, Equity, and Inclusion into honors programs and American civics courses.

The Civic Decline report is available on the Goldwater Institute’s website.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Arizona Hosts Missouri Delegation To Highlight Economic Growth, Innovation Policies

Arizona Hosts Missouri Delegation To Highlight Economic Growth, Innovation Policies

By Matthew Holloway |

The Arizona Chamber of Commerce & Industry and the Goldwater Institute hosted a delegation of Missouri policymakers in Phoenix to discuss economic competitiveness, innovation, and pro-growth policy, according to a joint release.

The meeting focused on Arizona’s approach to building a competitive environment for emerging industries and long-term economic growth.

The discussion followed the Chamber’s recent launch of its AZ AI Leadership Initiative, which aims to strengthen Arizona’s position in emerging technologies and the broader digital economy.

Arizona has seen rapid expansion in AI and data center infrastructure, driven by growing demand for computing power and cloud services. Major investments from companies such as Taiwan Semiconductor Manufacturing Company (TSMC), which is constructing advanced semiconductor fabrication facilities in Phoenix, along with large-scale data center developments by Google and Meta Platforms in Mesa, and Amazon Web Services in Goodyear, have helped position the state as an emerging hub for both semiconductor production and AI-related computing capacity.

Participants included legislative leaders, policy experts, and representatives from the Arizona Commerce Authority, who shared insights into the state’s policy framework and economic development strategies.

“Arizona’s growth didn’t happen by accident,” said Courtney Coolidge, executive vice president of the Arizona Chamber of Commerce & Industry. “It reflects deliberate policy choices that prioritize certainty, competitiveness, and a regulatory environment where businesses can invest, innovate, and scale.”

Arizona lawmakers participating in the meeting included House Speaker Steve Montenegro (R-LD29), Majority Leader Michael Carbone (R-LD25), Rep. Jeff Weninger (R-LD13), Rep. Justin Wilmeth (R-LD2), chair of the House Artificial Intelligence and Innovation Committee, Senate President Pro Tempore T.J. Shope (R-LD16), and Senate Majority Whip Frank Carroll (R-LD28).

“Arizona has made a conscious decision to lead on innovation rather than wait for other states to set the pace,” Montenegro said. “That kind of alignment and forward-looking policy environment allows industries to grow and scale here.”

Lawmakers and policy leaders highlighted sectors including advanced manufacturing, semiconductors, aerospace, autonomous systems, and emerging technologies as areas where Arizona has seen sustained growth.

“Arizona’s success in attracting major investment is tied directly to our focus on advanced manufacturing, infrastructure, and supply chain strength,” Carbone said.

Weninger pointed to Arizona’s regulatory and tax structure as a factor in business investment.

“Companies are looking for certainty,” Weninger said. “Arizona’s predictable regulatory environment and competitive tax structure give businesses the confidence to invest and expand.”

Participants also discussed the role of infrastructure, water policy, and land use in supporting statewide growth. “We’ve been intentional about making sure economic development isn’t concentrated in one region,” Shope said.

Carroll said Arizona’s approach to economic development has positioned the state for continued expansion, particularly in emerging industries.

Wilmeth emphasized the importance of flexibility in regulating new technologies. “We’ve taken a thoughtful approach to emerging technologies by avoiding premature regulation,” he said.

Victor Riches, president and CEO of the Goldwater Institute, said policy certainty and deregulation remain key factors in supporting innovation.

“As emerging technologies continue to reshape industries, policy certainty and deregulation matter more than ever,” Riches said. “Arizona needs to ensure an environment where innovation can move forward.”

The Missouri delegation included state senators and policy advisors, including Sen. Travis Fitzwater, Sen. Maggie Nurrenbern, Sen. Karla May, Sen. Barbara Anne Washington, Sen. Jamie Burger, policy advisor to Gov. Mike Kehoe, Johnathan Shifflett, and representatives from the Missouri Chamber of Commerce, Karen Buschmann, and Jared Hankinson.

The meeting explored how elements of Arizona’s economic policy framework could be adapted in other states and how interstate collaboration could support broader economic growth.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Maricopa County Leaders Cite $350M Cost In Push To End Federal Oversight Of Sheriff’s Office

Maricopa County Leaders Cite $350M Cost In Push To End Federal Oversight Of Sheriff’s Office

By Staff Reporter |

Maricopa County leaders say it’s time to bring federal monitoring to an end for a judgment made nearly 15 years ago.

President Barack Obama’s Department of Justice (DOJ) and the ACLU alleged racial profiling in a lawsuit against the Maricopa County Sheriff’s Office (MCSO) under former Sheriff Joe Arpaio. A federal court found MCSO to be guilty in 2011, and placed the department under a federal monitor to achieve reforms. 

Last December, Maricopa County filed a motion to end that federal oversight. Then, last month, Maricopa County Board of Supervisors Vice Chair Debbie Lesko followed up on that termination request before a subcommittee of the House Judiciary Committee. Joining Lesko were MCSO Community Advisory Board member Felix Garcia and Goldwater Institute’s vice president for litigation and general counsel Jon Riches. 

The trio emphasized in their individual testimonies how county spending has gone on “indefinitely” to meet the “moving goalposts” of federal oversight. 

Rep. Andy Biggs (R-AZ-05), gubernatorial candidate, led the subcommittee hearing, “The Monitoring Racket: The Grift That Keeps on Giving.” 

This month, another Maricopa County leader spoke up to advocate once again for an end to federal oversight. Supervisor Mark Stewart published a Substack article criticizing the federal government’s lack of interest in removing the federal monitor. 

Stewart and county leaders say the oversight has cost the county nearly $350 million (though proponents of the oversight such as the ACLU argue that county inflated this total with unrelated costs and the real total is far less: around $60 million). 

“Notably, over the past five years, there has not been a single sustained claim of racial profiling. Yet federal oversight remains in place, costing Maricopa County taxpayers nearly $350 million,” stated Stewart. “Even as compliance has been achieved and maintained, Maricopa County residents continue to bear the financial burden of prolonged oversight. Hindering resources that could otherwise be invested directly into public safety, training, hiring, and community engagement.”

The county’s millions spent in compliance efforts over the years have yielded reforms to include the implementation of body-worn cameras, structured constitutional policing curriculum, and data-driven accountability policies.

About ten percent of the $350 million estimate given by the county for compliance payments, over $30 million, was given to the court monitor Robert Warshaw.

Warshaw has faced allegations of capitalizing on a financial incentive to continue his federal oversight, not only in Arizona but in municipalities within other states. He has earned tens of millions over his years as a federal monitor.  

Elected officials say MCSO has met and exceeded criteria for resolving the issues found by the court, yet the monitoring activities have not only continued but in recent years gone beyond the initial scope of the court findings. 

The ACLU and the district judge in the case, G. Murray Snow, acknowledged last October that MCSO reached Phase One compliance with the 2011 court order. 

“Courts are often called upon to correct past failures. They are also uniquely positioned to recognize when those corrections have taken hold,” said Stewart. “Maricopa County has reached that point. The progress is undeniable, leadership is strong, and the time has come to move forward.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Goldwater Institute Flags South Tucson Over Permit Freedom Act Violations

Goldwater Institute Flags South Tucson Over Permit Freedom Act Violations

By Ethan Faverino |

The Goldwater Institute put the City of South Tucson on notice for alleged non-compliance with Arizona’s Permit Freedom Act, a 2023 law designed to streamline government permitting processes and protect citizens from arbitrary bureaucratic delays and decisions.

In a formal letter on March 13, 2026, addressed to Mayor Roxanna Valenzuela, Goldwater Institute Staff Attorney Parker Jackson reminded city officials of their obligations under the Act (codified at A.R.S. § 9-843).

The letter highlights the city’s handling of a permit application from businessman Marv Kirchler for a billboard near I-10. Despite initial approval from the city’s Planning and Zoning Commission, the city has refused to grant the permit, prompting the group’s intervention.

The Permit Freedom Act requires municipalities to:

  • Specify permit criteria in “clear and unambiguous language” for activities affecting land use, appearance, or density.
  • Process complete applications within 60 days, after which the application is deemed approved if no decision is made.
  • Provide proper notice of application completeness or deficiencies, adhere to statutory timelines for reviews, and include specific details in denial notices.

The Act also states that cities print notices of these protections on permit applications and comply with related statutes like A.R.S. §§ 9-495, 9-834, and 9-835. Failure to follow these rules can result in automatic permit approval, fee refunds in certain cases, and exposure to litigation.

The Goldwater Institute’s letter points out apparent shortcomings in South Tucson’s processes, including potential non-compliance with notice requirements on its new Permit Portal, which became effective March 2, 2026. It warns that ongoing violations could lead to automatic approval of Mr. Kirchler’s application.

Since its passage, the Permit Freedom Act has been credited with significantly reducing permit timelines, improving objectivity in criteria, and easing backlogs across Arizona. This action underscores broader concerns about government overreach in land-use permitting, which has long frustrated property owners, developers, and businesses. The U.S. Supreme Court has recognized the need to curb “the uncontrolled will of an official” to protect constitutional rights, including property use.

The Goldwater Institute emphasized that the dispute with South Tucson is not isolated but reflects the importance of full statewide compliance nearly three years after the law’s enactment. The organization vowed to continue holding officials accountable and advocating for similar reforms nationwide.

Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.