Goldwater Institute Highlights Landmark Case Against Tucson Over Homelessness Policies

Goldwater Institute Highlights Landmark Case Against Tucson Over Homelessness Policies

By Matthew Holloway |

The Arizona Supreme Court recently declined to review an Appeals Court ruling holding the City of Tucson liable for a public nuisance caused by homeless encampments, siding with three property owners who suffered property damage and financial losses. The Goldwater Institute highlighted this case as “welcome news for all Arizonans,” following the adoption of voter-approved Proposition 312.

The case, Bradford v. City of Tucson, comes on the heels of a similar court ruling against the City of Phoenix over its “Zone” encampment and is now being highlighted by the Goldwater Institute alongside voter-approved Proposition 312—a 2024 measure that lets property owners seek refunds when cities decline to enforce basic public nuisance laws.

Filed on behalf of three Tucson residents, the lawsuit sought injunctive relief against the City of Tucson, after homeless encampments near their homes and businesses in the Navajo Wash developed with makeshift toilets, dangerous fires, and individuals engaging in violent and criminal behavior.

The appellate court, reversing a trial court ruling against the residents, found that the “record is replete with testimony of specific incidents which proved that camping in the Navajo Wash has caused unsanitary and indecent conditions that invade the rights of the neighboring residents and business owners,” and demonstrated that Tucson was not shielded from liability “because the City knew the activity of homeless camping in this location was being carried on and that it repeatedly and continually caused a nuisance, yet consented to it anyway.”

Prop 312 now gives property owners a reimbursement tool in situations like those described in Bradford v. Tucson, allowing Arizonans to seek relief when a municipality “follows a policy, pattern, or practice of declining to enforce existing nuisance laws prohibiting illegal camping, obstructing public thoroughfares, loitering, panhandling, public urination or defecation, public consumption of alcoholic beverages, or possession or use of illegal substances, or maintains a public nuisance,” according to the Goldwater Institute’s explanation of Prop 312 claims.

Reimbursements are capped at the amount of property taxes paid the prior year, with any excess eligible for reapplication later.

Goldwater explained the law’s necessity on its website:

“Rampant homelessness is overtaking Arizona’s cities, as municipalities refuse to enforce laws against public camping, loitering, intoxication, and other nuisances. The result has been a rise in violent crime, biohazardous pollution, property destruction, and even death. Residents and business owners have had to take matters into their own hands, installing fences, hiring security, and cleaning up garbage, human waste, and other hazardous materials themselves—services the city is supposed to provide with the tax money these residents pay every year.”

Under Prop 312, once the Department of Revenue notifies a municipality of a claim, the city has 30 days to accept or reject it. If rejected, property owners may challenge the decision in superior court; if the city does not respond in time, the refund is deemed approved. Goldwater has offered to assist residents, saying, “If you believe your claim was improperly denied and you would like legal assistance, please contact us! Our lawyers may be able to help you.”

Claims are filed through the Department of Revenue’s online portal at prop312reimbursement.aztaxes.gov, which requires proof of property ownership, tax payment, and mitigation costs. The department notifies cities and issues approved reimbursements by check.

The decision represents a major blow to a large Arizona city’s assertion of immunity and underscores growing frustration with Tucson’s approach to homelessness amid public safety concerns.

In an op-ed Monday, Timothy Sandefur, Goldwater’s vice president for legal affairs, urged city leaders to act:

“Homelessness is a tragic and frustrating issue. But policies that leave people living on the streets aren’t the answer. Instead, they only create a new set of victims: the innocent taxpayers who must pay for police protection that they don’t receive. The time has come for city officials to shoulder their responsibilities—instead of forcing homeowners to shoulder the costs.”

Sandefur also warned that property owners in other states lack similar protections, citing Utah, and encouraged lawmakers elsewhere to “follow Arizona’s lead” by adopting Goldwater’s proposed Safe Neighborhoods Act.

Correction Notice: A previous version of this story incorrectly linked the Bradford v. Tucson case to the Goldwater Institute and cited an unrelated ruling.

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.

Tucson Elects Socialist Council Member Backed By Powerful Progressive Organizations

Tucson Elects Socialist Council Member Backed By Powerful Progressive Organizations

By Staff Reporter |

The newest member of the Tucson City Council is further left than the rest of the council’s Democrats.

That’s because newly elected Tucson Councilwoman Miranda Schubert is a socialist. Schubert’s victory can be credited in part to several powerful national players in progressive politics.

One of those key players is the Democratic Socialists of America (DSA). The DSA endorsed Schubert; she is also a member of their Tucson chapter. 

The DSA platform is the furthest to the left, policywise, on every issue. 

The DSA advocates for:

  • making all healthcare, college, and childcare free; 
  • cancelling all student loan debts; 
  • decriminalizing all drugs; 
  • abolishing prisons, mandatory minimum sentencing, and cash bail; 
  • stripping police departments of military-grade weapons and equipment; 
  • establishing universal rent control;
  • providing free counsel for all tenants; 
  • expanding subsidized housing; 
  • mandating paid family leave for all workers; 
  • reducing the regular workweek to 32 hours; 
  • establishing more unions in the workforce; 
  • eliminating fossil fuels; 
  • transferring ownership of transportation and energy infrastructure to the public; 
  • raising taxes on wealthier families, corporations, and private colleges and universities; 
  • mandating a permanent ceasefire in Gaza; 
  • ending military support and commerce to Israel; 
  • closing overseas bases and reducing the military budget; 
  • abolishing borders and immigration enforcement; 
  • ending economic sanctions on foreign countries; 
  • restoring voting rights to felons; 
  • granting voting rights to noncitizens; 
  • establishing statehood for Washington, D.C.; 
  • abolishing the electoral college; 
  • adding more House seats; 
  • ending the Senate filibuster; 
  • and limiting the Supreme Court’s powers

Schubert’s local DSA in Tucson aligns with this platform, and also supports progressive causes like allowing gender transitions for minors.

Another key player integral to Schubert’s victory was Run For Something (RFS), a political action committee devoted to recruiting and providing campaign assistance to progressive candidates across all 50 states. A former staffer from Hillary Clinton’s 2016 presidential campaign, Amanda Litman, and a Democratic Party consultant, Ross Morales Rocketto, launched RFS in 2017. 

Schubert was one of two 2025 candidates in Arizona to receive support from RFS. They also provided Schubert support for her unsuccessful council run in 2021; that year she was their only endorsed candidate for Arizona. 

IRS records show the social welfare nonprofit arm for RFS — formed in 2020 with the same name as its parent organization — reported over $6 million in revenue, over $9 million in expenditures, and nearly $7 million in total assets in the last available reporting (2023). 

Another DSA member won a significant seat across the country on Tuesday night: Zohran Mamdani for New York City mayor. 

Along with the strength of progressive powerhouses DSA and RFS, Schubert had significant support from the corporate sector: specifically, those assisting in transitioning the state to “clean” energy.

Schubert’s partner, Amanda Maass, is senior managing consultant at Illume Advising, a progressive research and advisory firm with headquarters in Tucson and Madison, Wisconsin. Illume assists utilities, states, and governments with the adoption of “clean” and “green” initiatives such as decarbonization and renewable energy. 

Both Arizona Public Service (APS) and Tucson Electric Power (TEP) have been Illume clients. In recent years, Illume worked with both to craft a DEI-driven plan to electrify transportation across Arizona. 

Illume has close ties to local and state leaders, including Tucson Mayor Regina Romero, Pima County Deputy Administrator Steve Holmes, Phoenix Mayor Kate Gallego, and Attorney General Kris Mayes. Romero’s communications and policy advisor, Victor Mercado, was Illume’s marketing and business development principal. 

Illume founder and co-owner Anne Dougherty is board chair of the LGBTQ+ Alliance Fund of Southern Arizona, and director for the Arizona Technology Council as well as Groundswell Capital.

Prior to running for council, Schubert founded a labor union for Arizona’s public universities and some community colleges, CWA Local 7065 United Campus Workers of Arizona, and a local housing and transit advocacy group, Tucson for Everyone.

Schubert also served on two city commissions, the Complete Streets Coordinating Council and the Board of Adjustment.

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

Tucson Councilman, Grijalva Worker Scrubs Social Media Of Political Violence, Gay OnlyFans

Tucson Councilman, Grijalva Worker Scrubs Social Media Of Political Violence, Gay OnlyFans

By Staff Reporter |

Newly obtained evidence reveals the pornographic and violent past of a Democratic leader in Tucson. 

The posts, advocating for the harming and murdering of his political opponents and promotion of his pornography, came from Rocque Anthony Perez: an appointed Tucson City Council member (Ward 5) and, until joining the council in recent months, an executive director for Congresswoman-elect Adelita Grijalva’s Metropolitan Education Commission (MEC) nonprofit.

MEC advises and makes recommendations on K-12 education for Tucson as well as all of Pima County.

The California Globe published copies of since-deleted social media posts they received as a reflection of Perez’s recent past as a creator and disseminator of pornography, and an advocate of political violence. 

In addition to the trove obtained by the Globe, AZ Free News recovered archived posts by Perez detailing his consistent advocacy for the harming and murdering of his political opponents.

The incriminating posts recovered occurred under two accounts: “@rocqueperez” and “@localanthony.” From the former, Perez posted his controversial political posts, and from the latter, Perez posted his pornographic posts.

From 2019 to 2020, Perez had served as Student Body Senator at the University of Arizona. He also led Tucson’s Pride Festival in 2019. 

Throughout 2020, Perez advocated for the assault and murder of his political opponents.

In a June 2020 post, Perez told a friend to murder his conservative family members after the friend complained that living with them was unbearable. 

“So kill them, do your duty baby girl,” said Perez.

In July 2020, Perez retweeted a picture of Ivanka Trump posing with a can of Goya beans with the following caption:

“Someone throw this b***h off the capitol building roof please,” said Perez. 

Perez asked for someone to assault conservative activist and pundit Kaitlin Bennett in a January 2020 post. 

“How has she not gotten beat yet? Like… hath no one the bravery to literally hurt her cause…?” said Perez. 

“Roses are red, violets are blue, vote for Joe Biden, or I’ll cut you,” posted Perez in one post, with a picture of him pointing scissors at the camera. 

“This vapid white girl is defending Trump[’s] response to COVID in my Zoom public relations class, do I end her or do I end her,” said Perez. 

Perez expressed his hope, multiple times, that President Donald Trump would contract COVID-19 and die.

“PLEASE give Trump the Coronavirus please lordt, he is an at risk PLEASE,” posted Perez in March 2020.

In October, when then-President Donald Trump announced that he and then-First Lady Melania Trump tested positive for COVID-19, Perez advocated for the president’s death.

“Take his life baby! Get him!” said Perez. 

“Honestly I would take one for the team and knock him out if I could,” said Perez in a repost of a July post from Trump. 

In an August 2020 post, Perez made a post about how he and the purportedly haunted Annabelle doll (who, at the time, was the subject of a viral rumor of having escaped the museum housing it) should kill the president.

“Annabelle escaped and I’m like, hey bb girl we got some people you should meet, don’t be shy, go say hell [knife emoji],” said Perez.

In July 2020, Perez expressed hope that COVID-19 would infect and eliminate multiple elderly Republican voters and members of the Arizona Republican Party leadership, including then-chair Kelli Ward, then-Sen. Martha McSally, and Rep. Paul Gosar.

“A lot of old white people in one place, it’d be a shame if [COVID] got em,” said Perez. 

In March 2021, Perez asked in a post on X whether he should fight then-Governor Doug Ducey.

“Just saw Doug Ducey, do I square up or do I square up,” posted Perez. 

Under his @localanthony handle, Perez posted pornographic videos and pictures to promote his Only Fans account. 

Despite his numerous posts advocating for harm and death to his political opponents and his publicized OnlyFans content, Perez maintained his post as the public relations lead, then marketing and communications strategist for the University of Arizona, his alma mater. He would maintain that latter job through 2022 before joining Arizona State University as their communications manager.

ASU hired him, though Perez posted “F**k Arizona State University Bro” on his page in early January 2020. 

Perez’s term on the Tucson City Council ends in December. 

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

AZFEC: Prop 417: Tucson’s Plan To Keep Ruining Tucson 

AZFEC: Prop 417: Tucson’s Plan To Keep Ruining Tucson 

By the Arizona Free Enterprise Club |

This November, Tucson voters will decide whether they would like to continue doubling down on Tucson’s failed policies that have invited rampant crime, made it impossible to navigate the city without extreme frustration, and drain its wealth and livability to pursue virtue-signaling but poverty-inducing policies. Or if they would rather get off the merry-go-round of insanity.  

Prop 417 is the city’s updated 10-year general plan, and a ‘Yes’ vote continues the madness. A ‘No’ vote on Prop 417 is the only reasonable choice for anyone who wants to save Tucson from itself. 

A Blueprint for Failure 

Plan Tucson” is essentially a bundle of every bad idea the city has produced over the past decade including the Housing Affordability Strategy for Tucson (HAST), People, Communities, and Homes Investment Plan (P-CHIP), Move Tucson the transportation masterplan, and the Tucson Resilient Together climate plan. Each of these plans has helped create the mess Tucson is in today. Codifying them into 14 goals and 190 policies through Prop 417 would simply lock in these failures in for another decade. 

Crazy Climate Commitments 

Take for example the city’s climate action plan published in 2023 which set the delusional goal of having 40% of Tucson residents to be walking, biking, taking public transit or “rolling” around the city by 2050. The plan includes a commitment to “net zero” by 2030 for government operations and by 2045 city-wide—including private residents and businesses.  

To achieve this fantasy, the city plans to build out a massive transit agency that if they meet their targets of hiring 900 new people every year will eventually eclipse Raytheon as the largest employer in Tucson by more than double (despite collapsing ridership and a 100% taxpayer subsidy since fares were permanently eliminated in 2020.)  

The plan requires residents to hold to a “Zero Waste” commitment to empty out the landfills, imposes new road diets, and even pays city employees to not use their cars. This list of insane ideas is also very very expensive, with a price tag of roughly $365 million…

>>> CONTINUE READING >>>  

Tucson Mayor Announces She Will Now Allow Cops To Address Crime

Tucson Mayor Announces She Will Now Allow Cops To Address Crime

By Staff Reporter |

In a departure from the “soft on crime” approach, Tucson Mayor Regina Romero announced she will allow law enforcement to address crime.

Romero called the city’s approach the “Safe City Initiative.” The mayor announced the initiative on Sunday following months of community outcry over the ever-worsening levels of homelessness and crime in the city. 

Tucson Police Chief Chad Kasmar said felony arrests increased by 50 percent and misdemeanor arrests increased by 100 percent over the last five years. Kasmar told KGUN9 that fentanyl’s rise is largely to blame; per the chief, 80 percent of addicts on the streets will refuse treatment because they know there are no consequences for breaking the law. 

“It’s the reality that they know, if they only get caught with a lower level of possession, that they’re likely to have those charges dismissed during initial appearance, and they think, well, I’ll just be out. I’ll just be out in six or eight hours,” said Kasmar. “It’s not a big deal [to them].”

One Tucson native since 1999 described it this way in a Reddit post last November:

“The nightly shootings, open drug use and dealing, street prostitution, and gang activity is unlike anything I’ve seen here,” said the user. “It used to be the case that there were a half dozen bad intersections. Now it seems like every intersection is bad. Half of the bus stops have people slumped over or doing drugs. It feels like Gotham in a Batman movie.”

When a Tucson resident pointed out the Tucson Police Department’s reported crimes data site shows a slight decline in recent years, another native pointed out that Tucson residents don’t see the point in reporting the crimes anymore.

“Have you tried to report a crime lately? No officer shows up except for certain felony crimes. You have to make an online report that may as well be routed to some computer’s trash bin,” said the native. “Crime is ‘declining’ because people no longer see the point in reporting it, much like the declining unemployment rate that resulted because people simply stopped looking for work. An opinion column isn’t necessarily the best unbiased source for this info.”

The council may also pass an ordinance making drug possession a misdemeanor in order to work around the unwillingness of the Superior Court to prosecute drug offenses, even though those are felony offenses. With such an ordinance, the city could prosecute drug cases in the Municipal Court. 

“Everyone deserves to be safe — in your neighborhood, at work, and in our public spaces,” said Romero. “We hear your current concerns about safety in our community loud and clear, and we share them. That is why we are launching the Safe City Initiative.”

As a precursor to the initiative, Romero defended the many social services aimed at the homeless population including the “low barrier” shelters, Violence Interruption Vitalization Action, Community Safety Health and Wellness, and Multi-Disciplinary Outreach Teams. And yet, Romero said these many services don’t stymie the major source of crimes: the homeless individuals with mental illnesses and/or drug addiction.

Romero said the city would continue investment in those programs. Additional investing will come from the opioid settlement funds to establish a Sobering Alternative Facility for Recovery Center, said Romero.

The Safe City Initiative will create a task force under the city manager, Tim Thomure, to help shape ordinances and policies that combine law enforcement action and drug addiction treatment. It will also increase police presence on public transit and in other high-crime areas, and social service outreach presence in areas with high levels of homelessness. 

The mayor alluded to seeking greater state and regional funding and establishing more partnerships for treatments of mental and behavioral illness, and substance abuse. 

The initiative also promises to expand the sessions offered by Community Court, which provides diversion programs for criminals dealing with mental illness and/or drug addictions. 

Last week, the Tucson Police Department deployed officers to clear out a major homeless encampment.

Romero, first elected in 2019 and reelected in 2023, is coming up on the last leg of her second term, which ends in December 2027. The mayor may serve three consecutive four-year terms before being termed out.

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