Tag Archives: Charter Cities

AZ Supreme Court hears oral argument on punitive local government preemption law

I posted on the background of this case last year. Authoritarian Tea-Publicans impose ‘Big Brother’ control over local governments:

TheBorgGovernor Doug Ducey, the ice cream man hired by Koch Industries to run their Southwest subsidiary formerly known as the state of Arizona, got what he wanted from our lawless Tea-Publican legislature this week.

They are like the Borg on Star Trek: “Resistance to our authoritarian GOP rule is futile, you will be assimilated.” Ducey gets bill penalizing cities for countering state policies:

State lawmakers late Wednesday sent Gov. Doug Ducey a bill that will allow him to enforce his demand that local governments fall into line with state policies.

SB 1487 (.pdf) allows any legislator to ask the attorney general’s office to investigate whether a local ordinance or policy is contrary to state law. If the attorney general finds the state statute is being violated, the local government would be given 30 days to bring their local practices into compliance.

But what really gives the measure some teeth is that the failure of a city, town or county to comply would require the state treasurer to stop providing state aid and redistribute those dollars to every other community.

And if a local government disagreed, the case would go directly to the state Supreme Court for a final word.

Yeah, you see the problem with this bill is that it empowers the Attorney General, not a court of competent jurisdiction, to sit as judge and jury without a trial, and whoever heard of an Arizona Attorney General being an impartial arbiter of the evidence and not politicizing the AG office with an eye towards running for governor or another office? Have we so readily forgotten Tom Horne?

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Arizona Attorney General tests state preemption law against the City of Tucson

Last week, Attorney General Mark Brnovich asked the Arizona Supreme Court to cut off the City of Tucson’s $170 million a year in state aid, claiming Tucson is violating Arizona ridiculous state preemption law prohibiting local governments from destroying seized handguns. Brnovich sues Tucson over firearms destruction:

False IdolsIn his legal filing, Brnovich contends the 2005 city ordinance runs afoul of a series of state laws that sharply restrict the right of local governments to make their own gun laws. And he told the justices that a newly enacted state statute specifically gives him the right to intercede and ask the high court to punish offenders.

Officially, the lawsuit asks the high court to give Tucson a deadline by which they have to repeal the ordinance. That is unlikely to occur: Just hours earlier, council members voted unanimously to fight Brnovich in court, though they did agree to voluntarily stop the gun destruction until the Supreme Court rules.

The 2016 law that gives Brnovich the right to take cities to court spells out that any community that wants to fight him must first post a bond equal to half of its annual state aid. Attorneys for the city are expected to ask the justices to declare that requirement illegal or, at the very least, waive it.

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