by Seth Leibsohn | Dec 13, 2024 | Opinion
By Steve Twist & Seth Leibsohn |
With the major election season behind us, voters are undoubtedly recovering from the fatigue of non-stop political ads flooding their TVs and social media apps, but potential candidates are already setting their sights on 2026, which—while not the presidential Superbowl—will have hugely impactful consequences for Arizona. Fresh off a nationwide red wave, Republicans in Arizona are hoping to capitalize on this momentum by taking back important statewide offices won by Democrats in 2022. Fortunately for Republicans, Arizonans, and the rule of law, we have an excellent candidate who could be the next Arizona Attorney General. In many ways, he already is.
Both of us have worked with or closely observed every Attorney General since Bob Corbin in 1979. Sadly, we’ve never seen an Attorney General whose decisions about the use of power are more partisan than Attorney General Kris Mayes. Lawlessness, wokeness, and injustice have become recurring themes under her leadership. In response, Arizona Senate President Warren Petersen has taken her on, thwarting and mitigating her run-a-way train of progressivism.
Thanks to a law passed by a prior legislature, the Senate President may intervene in cases where the Attorney General refuses to defend the law. Over the past two years, this tool has proven to be invaluable, and Warren Petersen has deployed it, both smartly and aggressively.
When Attorney General Mayes bowed to the radical left and refused to defend Arizona’s law ensuring biological boys and men could not compete on female-only sports teams, President Petersen got involved to protect our girls and women, serving as the last line of defense for the Save Women’s Sports Act. When Mayes gave bogus legal advice to provide cover for the lawlessness of Katie Hobbs and her violations of the separation of powers, Petersen checked Mayes in court and made sure Arizona laws were followed, stopping a Mayes-approved illegal scheme, where Governor Hobbs avoided confirmation of agency directors.
When Mayes tried to hijack the state budget and assert control of $115 million in state opioid settlement funds, Petersen fought back, won, and was awarded over $40,000 in attorneys’ fees against Mayes. Perhaps nothing more clearly demonstrates that Petersen is already fulfilling the role of moral leader of the Attorney General’s Office than his call to Mayes to end her illegal delay in following court ordered executions. Within a week of Petersen’s public statements, Mayes reversed course.
President Petersen has not only filled the void in state court litigation, but he’s also picked up the slack to fight the Biden administration’s big government overreach in federal court, while Mayes has remained silent. Petersen led the legal fight on national issues of importance to Arizona. From Covid vaccine mandates to forced-electric vehicle mandates, infringement of second-amendment rights, homeless encampments, immigration enforcement, and business-crushing federal regulations, Petersen has intervened in a variety of issues important to the lives and livelihoods of our citizens. Meanwhile, Mayes has been AWOL, seemingly driven by a leftist ideology instead of objective law enforcement.
And now comes the astounding revelation that a “far-left” group, the States United Democracy Center, gave Mayes a forty-seven-page memo which served as her “plan” to prosecute the 2020 alternate electors. If true, it represents an unprecedented abdication of the independence we need from our Attorney General.
We do not need four more years of highly partisan bias and selective application of the law for Arizonans to appreciate the value of having a true advocate in the Attorney General’s Office. And while there are two more years to go under Mayes, we should be thankful that we have two more years of Arizona Senate President Warren Petersen there to continue his protection of our state constitution and laws.
We’ve worked with President Petersen on legal issues for over a decade. Whether as Judiciary Chairman, or now as Senate President; time and time again, he has demonstrated the ability, courage, and leadership to put Arizona first and fight for its interests, whether at the legislature, or in the courts. In many ways, for the last two years, Petersen has been the moral voice for justice in our legal affairs. Now is the right time for him to run to become the actual Attorney General.
Steve Twist is a lawyer in Scottsdale. Seth Leibsohn is a radio host in Phoenix and Senior Fellow with the Claremont Institute.
by Matthew Holloway | Jul 2, 2024 | News
By Matthew Holloway |
The United States Supreme Court ruling in Johnson v. City of Grants Pass, has settled the question of a city’s ability to arrest and fine people for sleeping and encamping in public spaces.
In the 6-3 ruling, the high court found that enforcing laws against camping on streets, sidewalks, and public lands does not constitute “cruel and unusual punishment,” and therefore survives a challenge based on the Eighth Amendment. Communities beleaguered with an entrenched homeless population living illegally on city streets, in vacant lots, and even parks will now be able to clear them and get the homeless, and frequently mentally ill and/or addicted off the streets and hopefully to the resources they need. As noted by AZFamily, the small city of Grant’s Pass, Oregon, was vindicated by the Supreme Court in its assertion that forbidding homeless encampment is not unconstitutional.
Along with Grant’s Pass, the City of Phoenix was also cleared for a new city law to take effect in two months making it illegal to camp within 500 feet of a school, childcare center, or city-owned park as previously reported by AZ Free News. According to The Center Square, Arizona Senate President Warren Petersen is quite pleased with the SCOTUS ruling. He told reporters, “This ruling is a victory in our state’s efforts to tackle the humanitarian crisis destroying lives and livelihoods within our communities on a daily basis.”
“Our children shouldn’t be forced to walk to school on streets littered with needles, feces, and trash. The individuals camping out should be discouraged from this practice through enforceable laws and be provided with the mental health or substance abuse services they need to overcome this terrible situation.”
Phoenix’s Democrat Mayor Kate Gallego said in written statement Friday, “Phoenix has continued to make meaningful progress on this issue while simultaneously navigating a web of conflicting legal opinions.” She added, “Today’s Supreme Court ruling provides the necessary clarity we need to help even more people find safe, stable shelter,” as AZFamily reported.
Independent City Councilman Kevin Robinson observed, “We want to have the flexibility (to issue citations). I think it needs to be there if it’s a critical type of situation. But the expectation is we lead with services first. We look for ways to help people.” Democrat Councilwoman Kesha Hodge Washington added, “The decision provides municipalities with an accountability tool, if and when appropriate.”
Her fellow Democrat Councilman Carlos Galindo-Elvira explained that Phoenix needs to achieve a balanced approach between law enforcement and the dignity of the homeless. “It cannot be open season on the unhoused. That’s not acceptable to me,” he said. “I worry about that everywhere in the United States.”
Although he noted, “Citations have to be an option to ensure equity and to maintain space and access to it.”
Republican Councilwoman Ann O’Brien, who led the encampment ban in the council, told the Arizona Republic that the ruling has affirmed the new ordinance but stressed that Phoenix will continue offering services to the homeless, although for those who refuse assistance, she supports enforcement.
“We want to get them back on their feet. … If we can lead with services, that’s my preference. When they say, ‘No,’ then if that means they need to be ticketed, then I would welcome them to go through the community court process,” O’Brien said.
“What’s important to remember is this isn’t just about the homeless community. It’s about all the citizens of Phoenix and quality of life issues for everyone,” she added.
The City of Phoenix issued a statement published by ABC15 saying in part, “The City of Phoenix has worked strategically over the last several years to balance court orders from two different lawsuits, community needs, and available resources to address homelessness in our community. The City will continue to lead with services and will not criminalize homelessness, while we evaluate our programs based on the court’s ruling today. The City is confident in the processes created by the Office of Homeless Solutions and supporting departments to address encampments in a dignified and compassionate manner, connecting our most vulnerable residents with services while preserving the quality of life in our neighborhoods for all residents.”
Writing for the majority of the court, Justice Neil Gorsuch reached for the work of Alexis de Tocqueville to conclude his ruling:
“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not. Almost 200 years ago, a visitor to this country remarked upon the ‘extreme skill with which the inhabitants of the United States succeed in proposing a common object to the exertions of a great many men, and in getting them voluntarily to pursue it.’ 2 A. de Tocqueville, Democracy in America 129 (H. Reeve transl. 1961).
If the multitude of amicus briefs before us proves one thing, it is that the American people are still at it. Through their voluntary associations and charities, their elected representatives and appointed officials, their police officers and mental health professionals, they display that same energy and skill today in their efforts to address the complexities of the homelessness challenge facing the most vulnerable among us.
Yes, people will disagree over which policy responses are best; they may experiment with one set of approaches only to find later another set works better; they may find certain responses more appropriate for some communities than others. But in our democracy, that is their right. Nor can a handful of federal judges begin to ‘match’ the collective wisdom the American people possess in deciding ‘how best to handle’ a pressing social question like homelessness. Robinson, 370 U. S., at 689 (White, J., dissenting).
The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy. The judgment below is reversed, and the case is remanded for further proceedings consistent with this opinion.”
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.
by Corinne Murdock | Nov 29, 2023 | News
By Corinne Murdock |
Back in October, Democratic lawmakers and activists used the death of a homeless man to advocate for their progressive homelessness policies, claiming he died from the heat; in fact, he died from drug usage, some of which they may have assisted.
According to an autopsy report obtained by AZ Free News, Roosevelt White III, a 36-year-old former resident of the notorious mass homeless encampment known as “The Zone,” died in early September from complications of a left middle cerebral artery ischemic stroke. Contributory cause of death was identified as hypertensive cardiovascular disease, diabetes mellitus, and methamphetamine intoxication. White’s fatal injury occurred when he consumed methamphetamine in the setting of underlying natural disease processes.
“In consideration of the known circumstances surrounding this death, the available medical history, and the examination of the remains, it is my opinion that the cause of death is complications of a left middle cerebral artery ischemic stroke with hypertensive cardiovascular disease, diabetes mellitus, and methamphetamine intoxication as significant contributing conditions,” stated the autopsy report.
Nowhere in the autopsy report was heat or heat-related illness mentioned; nor was it mentioned as a contributing factor or cause of death.
Yet, multiple Democratic lawmakers told the public that White died from heatstroke. Though unclear where they obtained all of their information, it appears that their only source was a Democratic activist opposed to the cleanup of The Zone, rife with the type of drug use that ultimately took White’s life.
Among those who propagated the misinformation about White’s death were Reps. Nancy Gutierrez (D-LD18) and Analise Ortiz (D-LD24).
Gutierrez decried Republicans for denying the purported climate and housing crises plaguing the state, and said universal school choice was to blame as well. She then encouraged the public to stop voting for Republicans.
“It’s heartbreaking to hear of another heat-related death.The party in charge denies that we have a climate crisis, a housing crisis & they are giving our tax dollars to the rich for private schools,” said Gutierrez. “We must do better for the people of AZ. Your vote matters.”
Ortiz blamed a lack of affordable housing as well, and placed blame for White’s death on the government.
“We have lost another community member to the heat and the lack of adequate shelter space and affordable housing in Phoenix. The state is failing to meet the most basic needs of our friends and neighbors,” said Ortiz.
Stacey Champion, a public relations consultant and formerly a member of Phoenix’s Sustainability Advisory Committee and the Planned Parenthood Advocates of Arizona board of directors, shared the post as well.
At least one media outlet also took the progressive activists’ at their word that White died from heatstroke: AZ Family.
The viral post cited by the lawmakers and fellow activists came from Megan Kepler, a Democrat activist who volunteers with an organization that feeds the homeless, Feed Phoenix.
“We at Feed Phoenix are heartbroken at the news that our friend Roosevelt passed away in his tent due to heatstroke in the Zone. He was an amazing and talented human and volunteer with Feed Phoenix who was working to better his life, in spite of the odds against him. His death demonstrates the failure of our system to provide assistance to individuals who need our help. His heart was big. He should not have died in a tent. He was 36 years old. Rest in power Roosevelt. You deserved better from us.”
Although Kepler claimed White “died in a tent,” the autopsy record noted that White died in the hospital following multiple days filled with numerous attempts to save his life, including a thrombectomy and intubation. White was admitted on Sept. 9 and died on Sept. 12.
As part of Kepler’s activism, she helped pass out “safe use supplies”: clean syringes and naloxone, to assist the homeless in their usage of drugs, such as the meth that ultimately killed White. Rep. Ortiz helped with this effort at least once.
Kepler has also engaged in activism with Black Lives Matter Phoenix Metro, Poder in Action Arizona, Desert Star Family Planning, Go With the Flow Mutual Aid, Radical Women Phoenix, Progress Arizona, Shot in the Dark Phoenix, Arizona For Abortion Access, Phoenix Womxn Rising, Mutual Aid Phoenix, and Women’s March Phoenix.
About a month before his death, White told The Arizona Republic that he declined shelter services during the city’s cleanup of The Zone, instead opting to relocate within the mass encampment. Per our past reporting, many of the homeless labeled as “service resistant” will turn down shelter because they can’t bring their drugs inside.
As reported in July, a majority of heat deaths in Maricopa County involved methamphetamine.
Per the autopsy report, White’s organs were taken for donation by the Donor Network of Arizona. Drug use and/or overdose doesn’t disqualify an individual from organ donation.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | May 11, 2023 | News
By Corinne Murdock |
The city of Phoenix began cleaning up the mass homeless encampment known as The Zone this week, after attempts to resist a court injunction to do so. Local residents and business owners have endured the burgeoning public health and safety hazards of the area for about three years.
The cleanups began on Wednesday. City officials reportedly won’t allow the homeless to return to the area if they don’t find shelter. About 900 homeless camped out in The Zone.
The extent of the waste from the homeless encampments was so great that city workers resorted to using forklifts.
The city also re-released a plan to address homelessness on Wednesday morning, largely centered on doubling down on efforts to place homeless individuals with relevant treatment programs. The plan was published originally late last month.
The city’s plan includes creating 800 more shelter beds by the end of 2024, and parsing out the $140 million committed beginning in July 2021. The city also proposed potentially leasing hotel rooms, using vacant plots, and creating a campsite of sorts.
The city noted in its plan that the five cleanups initiated since December resulted in placement of 67 percent of the several hundred offered services.
The CEO of the shelter at the heart of the Zone, Amy Shwabenlender with Human Services Campus, told AZ Family that the cleanup was necessary, but not a “long-term solution.”
The city of Phoenix unsuccessfully fought the Maricopa County Superior Court order to clean up the Zone earlier this month. Within the same day of the city’s petition to extend the July deadline for cleanup, Maricopa County Superior Court denied the petition. Judge Scott Blaney rejected the city’s claim in its petition that it had already undertaken significant action.
“The Court interprets this argument as meaning the injunction is unnecessary because the City is already taking steps to abate the horrible conditions in the Zone,” wrote Blaney. “But the Court issued the Preliminary Injunction based, in part, upon the City’s past failure to address the issues in The Zone, as well as the City’s apparent lack of intent to do so until faced with possible judicial intervention.”
Blaney ordered the city to commence its cleanup of The Zone in late March. Blaney declared that the city had done nothing to improve the public nuisance caused by the mass homeless encampment burdening the downtown area. Rather, Blaney said that the city’s actions purporting to address the homeless crisis had served only to grow its bureaucracy and ineffective programs initiated by themselves and nonprofits over the years.
“With few exceptions, the action items about which city representatives testified centered around the creation of more bureaucracy, additional staff positions, and obtaining additional funding for programs to vaguely address homelessness in general,” stated Blaney. “The Court received very little evidence — if any — that the City intends to take immediate, meaningful action to protect its constituent business owners, their employees, and residents from the lawlessness and chaos in the Zone.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
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