by Staff Reporter | Nov 25, 2025 | News
By Staff Reporter |
The Arizona Supreme Court held a hearing on Monday to decide whether the city of Phoenix can hide certain public records.
The city is being sued by the Goldwater Institute, a Phoenix-based public policy and litigation organization, over its hiding of records concerning union negotiations.
In Goldwater v. Phoenix, the Goldwater Institute argued the city of Phoenix has a duty to disclose those records in order to allow the public to have an informed decision, and because they serve as the entity negotiating on behalf of the public.
The organization filed their lawsuit in March of 2023 after the Phoenix Law Enforcement Association (PLEA) declined to provide a draft memoranda of understanding (MOU) for public input at the end of 2022. PLEA had provided its MOU drafts in preceding years.
Per the city’s “Meet and Confer” ordinance, unions must submit MOUs by Dec. 1 in the year before the expiration of an operative agreement so that the public may provide input prior to negotiations between the union and city.
Despite not having a draft MOU available for the public to review, the Phoenix City Council moved forward with a meeting to collect public comment on an unsubmitted draft.
The city then began negotiations in January 2023.
The city of Phoenix refused to give PLEA’s draft MOU to the Goldwater Institute upon request, claiming the records were exempt from public records disclosure because public scrutiny would burden negotiations.
The city claimed they were protected under the state’s public records law exemption allowing the withholding of records should they prove detrimental to a government’s best interest.
“Releasing those types of materials would create a chilling effect on the parties’ willingness to candidly engage with each other and it would hinder the negotiations process,” said the city in their denial message.
The city also expressed concerns that public access to MOUs would politicize union negotiations.
Parker Jackson, Goldwater Institute staff attorney, disagreed that these records were covered by the best interests exemption.
“With few exceptions, public records must be made available to the public,” said Jackson in a press release. “When there’s a need to protect things like personal privacy or public safety, the government must be able to show that specific and significant harm is likely to result from public disclosure. It cannot simply withhold information based on self-interested speculation that some minimal inconvenience ‘might’ occur.”
In January, the Arizona Court of Appeals remanded the case to the Arizona Superior Court so that court could privately review unredacted and redacted versions of the contested MOU documents, and determine whether the documents deserved exemption from public disclosure according to the best interests of the state.
The Arizona Supreme Court is considering two issues in this case:
- Did the Court of Appeals err by not requiring the City, after it invoked the “best interests of the state” exception, to establish a probability that specific, material harm will result from disclosure, as Mitchell v. Superior Court requires?
- Did the Court of Appeals err by not applying the Carlson v. Pima County balancing test de novo to independently determine whether the City’s purported interests in nondisclosure outweigh the presumption in favor of disclosure?
The public may watch the archived video of Goldwater v. Phoenix here.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Matthew Holloway | May 27, 2025 | News
By Matthew Holloway |
An investigation by Republican Reps. David Marshall, Walt Blackman, and Quang Nguyen found that the City of Phoenix has distributed over $28.5 million of taxpayer funding to more than 100 private organizations with a shocking lack of oversight. Now, the Goldwater Institute is asking Arizona Attorney General Kris Mayes to intervene and stop what it termed an “unlawful spending spree.”
Citing the legislative findings, the Goldwater Institute alleges that “Organizations like the Phoenix Film Foundation, Phoenix Pride Inc, Mexican Baseball Fiesta LLC, the Arizona Science Center’s Galaxy Gala, and many others received subsidies—sometimes simultaneously by multiple departments—under questionable labels like ‘Sponsorships,’ ‘Grants and Subsidies,’ ‘Emerg[ency] Assist[ance],’ or ‘Miscellaneous.’ The city has no lawful authority to spend public money in this way.”
Parker Jackson, a staff attorney at the Goldwater Institute, said in a statement, “This effectively turns large portions of the city’s budget into a patchwork of slush funds that special interests can access in the sole discretion of a single city employee. Amazingly, the city ‘does not track donations by nonprofit status,’ so it does not know exactly how much taxpayer money has been funneled out through this opaque process.”
The reported “Sponsorships,” “Grants and Subsidies,” “Emerg[ency] Assist[ance],” or “Miscellaneous” donations run afoul of the Arizona State Constitution’s Gift Clause according to Jackson in a letter to the Attorney General co-signed by Jon Riches, the Goldwater’s Vice President for Litigation.
Riches wrote, “Most—if not all—of these expenditures appear to violate the Arizona Constitution’s Gift Clause, which strictly prohibits use of public funds to benefit private, special interests. Not only is it doubtful that these allocations serve a legitimate public purpose, but there also appears to be no direct or measurable consideration received in return for this use of public resources.”
The Arizona Constitution under Article 9 Section 7 states, “Neither the state, nor any county, city, town, municipality, or other subdivision of the state shall ever give or loan its credit in the aid of, or make any donation or grant, by subsidy or otherwise, to any individual, association, or corporation, or become a subscriber to, or a shareholder in, any company or corporation, or become a joint owner with any person, company, or corporation, except as to such ownerships as may accrue to the state by operation or provision of law or as authorized by law solely for investment of the monies in the various funds of the state.”
The Goldwater attorneys have called on Mayes to “[e]njoin the illegal payment of public monies” and to “[r]ecover illegally paid public monies,” under A.R.S. § 41-194.01 and A.R.S. § 35-212 respectively.
Jackson wrote in a Goldwater Institute press release that the finding by the Arizona legislature may seem familiar to keen observers: “If treating taxpayers as financiers for private entities—even controversial and ideological ones—sounds familiar, that’s because it mirrors what has been exposed throughout the federal government this year. For example, the U.S. Agency for International Development (USAID) was aptly described as ‘a slush fund for leftist priorities’ after the White House exposed decades of waste and abuse in that agency.”
In a video posted to X, Jackson said, “At the end of the day, public dollars should be used for public purposes… not to enrich special interests at a bureaucrat’s whim.”
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 Daniel Stefanski | Jan 22, 2025 | News
By Daniel Stefanski |
One of Arizona’s leading watchdog organizations is starting off the new year with a significant lawsuit.
Last week, the Goldwater Institute announced that it had challenged “Arizona’s unconstitutional tax subsidies for filmmakers.” The lawsuit, McEwen v. Arizona Commerce Authority, was filed in the Superior Court of the State of Arizona for Maricopa County.
In that lawsuit, attorneys for the Goldwater Institute wrote that “this case challenges the constitutionality of a state program that subsidizes the film industry and private film companies to the tune of millions of dollars in refundable tax credits each year.” The filing adds that “The Arizona Motion Picture Production Program violates the Arizona Constitution’s Gift Clause, both facially and as applied to two film production projects approved to receive taxpayer-funded subsidies.”
Parker Jackson, a Staff Attorney at the Goldwater Institute, wrote a blog post about the lawsuit after it was filed with the court. He said, “…In 2022, when the state legislature controlled a $5.3 billion surplus, film industry executives and lobbyists who for years had failed to revive a subsidy program seized their chance to get back in on the action. They cobbled together enough votes to enact the Arizona Motion Picture Production Program, which provides up to $125 million in refundable tax credits each year to qualified film production projects. ‘Refundable’ means that if a film company qualifies for more in credits than they owe in taxes, the state cuts them a check! That’s even worse than the old program, which only allowed for ‘transferable’ credits (meaning the recipient could transfer or sell the credit to someone else, but the state didn’t directly send them cash).”
Jackson shared that “After delays due to administrative rulemaking and recent strikes that rocked the film industry, the state is set to finally begin issuing the first round of credits this year. The Arizona Commerce Authority has begun the process of approving subsidies up to $1.2 million for a single project.”
The Goldwater attorney finished his piece, saying, “These types of abuses are exactly why the Arizona Constitution prohibits the state from subsidizing or otherwise giving out money for private purposes unless taxpayers receive direct benefits in return. That means that the state can contract with private companies to perform services or provide supplies at fair market rates, but donations, grants, subsidies, and other forms of corporate aid are not allowed.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Elizabeth Troutman | May 6, 2024 | News
By Elizabeth Troutman |
An Air Force veteran and nonprofit represented by the Goldwater Institute are suing Pima County over its “illegal” firearms mandate.
Pima County wants to fine residents $1,000 if they fail to report a lost or stolen firearm to the government within two days.
State law prohibits local governments from regulating firearms. A Goldwater press release says the county Board of Supervisors appeared to be aware of the law when they passed the ordinance.
Goldwater is suing on behalf of veteran Chris King and Pima County-based Arizona Citizens Defense League to stop the mandate.
“The new reporting ordinance isn’t just illegal—it takes aim at the wrong people,” Goldwater staff attorney Parker Jackson said. “Rather than target criminals who steal firearms, the new requirement revictimizes law-abiding gun owners who experience the loss or theft of a firearm. Some may not even realize they are victims until much later.”
King, a county resident and NRA-certified firearms instructor, said he values his right to bear arms in Arizona.
“When my apartment was burglarized, both my wife and I were on active-duty out of state, and I didn’t even discover my firearm had been stolen until a week later,” King said. “We’re a nation of laws, and Arizona law clearly prohibits local governments from imposing regulations contradictory to the laws of this state. Why do Pima County officials think they’re above the law?”
The city of Tucson made a similar attempt to limit the right to bear arms, and the Arizona Attorney General found it illegal.
Public records obtained by Goldwater show that the Pima Board of Supervisors, led by District 1 Supervisor Rex Scott and Board Chair Adelita Grijalva, has been preparing for this fight for more than two years by coordinating with left-wing activist groups, attorneys, and other elected officials, according to the news release.
“These are fundamental constitutional rights, and the state legislature has repeatedly reinforced and protected those rights from local interference through laws prohibiting local governments from implementing almost any form of firearm regulations,” Jackson said.
Elizabeth Troutman is a reporter for AZ Free News. You can send her news tips using this link.
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