Courts & Law

Update on the City of Tucson’s legal challenge to consolidated election dates

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Posted by AzBlueMeanie:

Last year, Rep. Michelle Ugenti (R-Scottsdale) sponsored HB 2826 (consolidated election dates; political subdivisions), a bill providing for the consolidation of elections in the fall of even numbered years only. The law will apply to elections in 2014 and thereafter.

This legislation purportedly is the first of its kind enacted in the
nation – a strong indication that it is an ALEC drafted bill, as it was
also supported by other "Kochtopus" funded groups such as Americans
for Prosperity, the Goldwater Institute, and the Tea Party.

Charter cities are entitled under the Arizona Constitution to determine how they are governed, and how to conduct elections. Arizona Supreme Court unanimously rejects 'Paton's Law'.

The City of Tucson filed its special action for declaratory and
injunctive relief on October 10, 2013 in the Pima County Superior Court,
City of Tucson v. State of Arizona et al. (Case No. C20126272). The City of Phoenix filed a Motion to Intervene as a plaintiff. The case is now assigned to Judge James E. Marner.

In a Minute Entry Order dated March 20, 2013, Judge Marner ordered:

IT IS ORDERED as follows:

1. Opening briefs are due by March 29, 2013 and are limited to a maximum of thirty pages.

2. Responses are due by April 15, 2013 and are limited to a maximum of fifteen pages.

3. There will be no replies to the responses.

4. Oral Argument on Plaintiffs’ Complaint for Special Action and for Declaratory and Injunctive Relief set on Monday, April 29, 2013, at 2:00 p.m. in Division 10
for two hours is affirmed.

Tempe to debate joining Bisbee with civil unions ordinance

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Posted by AzBlueMeanie:

OK, I thought the City of Tucson and/or Flagstaff would be the first to take up my challenge to lock arms with the city of Bisbee in enacting a civil unions ordinace to stick a finger in the eye of Mullah Cathi Herrod and her Christian Taliban at the Center for Arizona Policy and the self righteous Tom "banned for life by the SEC" Horne, but it appears that the city of Tempe will take up the challenge first. I tip my hat to you for stepping up to the plate to defend civil rights. Tempe to begin discussion on civil-union laws:

EqualTempe, a historically progressive city, is poised to become embroiled in the debate over equal rights for same-sex couples.

Today, the Tempe City Council will discuss civil-union laws in its private executive session. The discussion comes two days after residents of Bisbee watched their council approve a historic vote to legalize civil-union certificates, which provide same-sex partners with some of the same rights as married couples.

Tempe Councilman Kolby Granville called the Bisbee vote momentous. On Wednesday, Granville, a Democrat, told The Arizona Republic that he asked for the council executive session on civil unions. He wants Tempe to be the first Valley city to approve civil-union certificates for its residents.

If approved, the legal rights would apply to an estimated 165,000 Tempe residents compared with 5,600 or so in Bisbee.

“Tempe tends to be a leader in issues of civil rights,” Granville said. “And, to me, equality based on sexual orientation is one of those very same civil rights.”

Laugh riot: Mr. Sex on The Side is going to defend the ‘sanctity of marriage’

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Posted by AzBlueMeanie:

This is a laugh riot. Arizona Attorney General Tom "banned for life by the SEC," who got caught having an extramarital affair during an FBI investigation into his political corruption, FBI report: Tom Horne was having affair when he hit parked car, climbed up on his high horse named "self-righteous" and announced that Mr. Sex on The Side will file a lawsuit to defend the "sanctity of marriage" by suing the city of Bisbee over its civil unions ordinance. Now that's chutzpah. AG Horne to challenge Bisbee's civil union vote:

Arizona Attorney General Tom Horne will file a lawsuit challenging Bisbee's new civil union ordinance, his office confirmed Wednesday. There was no timeline yet available for when the lawsuit may come.

Horne's decision comes hours after the small southeastern Arizona city of Bisbee ignored vociferous opposition and threats of lawsuits and legalized civil unions for same-sex couples Tuesday night. It was an historic council vote that turned into a political circus, as nearly 100 people packed the chambers in both opposition and support.

The City Council pushed aside legal warnings from the state’s attorney general and a conservative advocacy group and voted 5-2 to become first city in the state to offer civil-union certificates for all couples that would extend to same-sex partners some of the same rights as married couples within the Bisbee boundaries.

The ordinance, which goes into effect in 30 days, would cover joint property ownership, property inheritance, guardianship and adoption rights.

Christian Taliban bullies Bisbee over civil unions ordinance

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Posted by AzBlueMeanie:

The Bisbee City Council is scheduled to cast a final vote Tuesday night on an ordinance allowing civil unions for gay couples. Bisbee council is poised to recognize civil unions.

Naturally, this has caused unhinged apoplexy among the "God hates gays" crowd, including Arizona Attorney General Tom "banned for life by the SEC" Horne. Geezus, hasn't this poster boy for political corruption been indicted yet? AG Horne threatens legal action against Bisbee over civil union vote:

Arizona Attorney General Tom Horne warned Bisbee on Tuesday that his
office would take legal action against the city if council members
approve an ordinance tonight allowing civil unions for gay couples. 

The unions would be recognized only within the city limits and would
grant rights given to a married couple, including property ownership,
inheritance, guardianship and adoption.

Horne opposed the measure in a letter to city officials, saying Bisbee doesn’t have the authority to offer such unions and that “the impact goes beyond (city) boundaries.”

Arizona’s lawless legislature smacked-down in the courts again

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Posted by AzBlueMeanie:

Arizona's Tea-Publican controled legislature is a lawless legislature; they do whatever they please without regard for the Constitution or the rule of law. Many of them suffer under the delusion that "I AM the law!" As a result, nearly every piece of substantive legislation passed by our lawless legislature winds up in court where, far more often than not, the courts hand them a smack-down for their lawless conduct. And we the taxpayers get the "privilege" of paying for their legal fees and costs.

Today, the courts handed our lawless legislature yet another defeat, this time in their war on organized labor. (Bonus: Also a defeat for the "Kochtopus" ALEC and Goldwater Institute, who drafted these bills). The Arizona Capitol Times (subscription required) reports Federal judge rules in favor of Arizona labor unions:

A federal judge handed Arizona unions a
legal victory by finding two 2011 bills regulating paycheck deductions
and picketing unconstitutional.

The United Food and Commercial Workers and the Arizona Education
Association challenged laws passed as SB1363 and SB 1365.   U.S.
District Court Judge Murray Snow granted an injunction against SB1365,
which never went into effect because of the legal challenge, and voided
most of SB1365.