The Arizona Capitol Times reports, Judge: Reporter’s visit to Rogers’ home ‘legitimate’ business:
A Flagstaff judge tossed out an injunction against harassment obtained by [“snowflake”] state Senator Wendy Rogers against a reporter investigating whether she lives in the district she represents.
Rogers, R-Flagstaff, obtained the injunction from a judge pro tempore at the Flagstaff Justice Court on April 19 after alleging that the investigation by Arizona Capitol Times’s reporter Camryn Sanchez amounted to harassment. The order barred Sanchez from visiting Rogers’ homes and contacting the Senator.
Judge Howard Grodman, justice of the peace for the Flagstaff Justice Court, threw out the injunction issued by Judge Pro Tempore Amy Criddle after finding that Sanchez had a legitimate reason to visit the homes and that Rogers failed to “meet the reasonable person standard.”
Sanchez was in the process of investigating whether Rogers lives in Flagstaff or other homes she has owned outside of her district in Maricopa County. The investigation included an examination of publicly available property records that show Rogers and her husband bought a home in Chandler in January and signed a trust document that said she resides in Tempe and public records of per diem payments made to Rogers as a legislator who resides outside of Maricopa County.
In other words, padding her per diem pay and mileage by claiming that she commutes from Flagstaff, when she actually lives in Tempe (or now Chandler), definitely not in her district. She uses a mobile home in Flagstaff to claim residency.
NOW So Sen. Wendy Rogers concedes she collects a daily per diem from taxpayers to sleep in her own East Valley house while she's at Capitol.
— Brahm Resnik (@brahmresnik) May 10, 2023
Lawmakers who live outside of Maricopa County very often have local residences during session. Some rent an apartment, others have a home here.
Per diems are paid for every day they are at the Capitol in session.
Issue is her daily mileage — is it to Tempe or Flagstaff? https://t.co/gbfAUbOpvn
— Jim Small (@JimSmall) May 10, 2023
During the course of the investigation, Sanchez visited Rogers’ homes in Tempe and Chandler and spoke with a neighbor in Tempe and an electrician working on the home in Chandler, she testified. She was captured on Ring cameras at both homes ringing the doorbell.
William Fischbach, a Republican attorney representing Rogers, argued that the visits, coupled with incidents at the Arizona Senate in which Rogers requested Sanchez not speak to her at her desk, amounted to a pattern of harassment.
The defense is basically that any journalist who asks questions Wendy Rogers doesn't like is harassing her.
Her pocket constitution must be missing the First Amendment.
— Jim Small (@JimSmall) May 10, 2023
“This case isn’t about the First Amendment; this case isn’t about whether Senator Rogers resides in her district,” Fischbach said, arguing the case was about if Sanchez’ conduct would cause a reasonable person to feel harassed and had no legitimate purpose.
Rogers' attorney is trying to make the case that the Senate's rules apply across the state of Arizona.
So, because the media rules limit interviews to specific places in the building, that's the only places they can be interviewed.
What a desperate argument.
— Jim Small (@JimSmall) May 10, 2023
Rogers: "That's the people's seat. That's where I go to represent them… And if someone comes in at me and is invading my space, they're not only infringing on me, they're infringing on my district and my people."
— Jeremy Duda (@jeremyduda) May 10, 2023
Rogers' attorney is trying to lay the groundwork for the reporter trespassing by… ringing a doorbell.
She must be in court for weeks after every Halloween.
— Jim Small (@JimSmall) May 10, 2023
But Christopher Hennessy, an attorney representing Sanchez, disagreed. “This is absolutely about the First Amendment,” he said, arguing Rogers abused the injunction process and keeping it in place would amount to the government placing prior restraint on a reporter.
“She’s taken something intended to be a shield and turned it into a weapon,” Hennessy said.
Cap Times attorney says Rogers "weaponized" an injunction to shut down a First Amendment right.
He notes that Rogers declared that her intention was to stop the reporter from being at the Senate, EVEN when Rogers wasn't there.
— Jim Small (@JimSmall) May 10, 2023
Grodman, the justice of the peace, agreed, stating Sanchez’ conduct did not meet the standard of harassment.
“The strongest point is investigative reporting is a legitimate purpose,” Grodman said.
He acknowledged that he believes Rogers was genuinely alarmed when Sanchez showed up at her home but ultimately found the situation “would not cause a reasonable person to be annoyed or harassed.”
Court rules that dictate when an injunction of harassment is appropriate define harassment as “conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, humiliated, or mentally distressed, and the conduct in fact seriously alarms, annoys, humiliates or mentally distresses the person.”
“I feel happy,” Sanchez said on the courthouse steps, noting her actions were a normal part of her job as a journalist.
“I think a lot of reporters knock on doors,” she said. “It’s pretty normal; it’s part of our job; it’s part of due diligence.”
After the ruling, Grodman told Rogers that she could put up “no trespassing signs” or specifically inform a reporter she did not want he or she to step on her property. While staff at the Arizona Senate had specifically asked Sanchez not to speak to Rogers at her desk on the Senate floor earlier this year, they said she could speak to the Senator in other areas, and Rogers never told Sanchez to stay away from her home.
Grodman wasn’t swayed by Fischbach’s argument that the visit to the homes in Tempe and Chandler amounted to harassment because Rogers had previously expressed she did not want to speak to Sanchez and had never invited her to her home.
“This doesn’t come close to trespassing,” Grodman said of Sanchez’ conduct, noting that he and Rogers have both visited many front doors uninvited while campaigning. Rogers testified that she had visited “tens of thousands” doors while campaigning.
— Jim Small (@JimSmall) May 10, 2023
Fischbach, Rogers’ attorney, then notified all reporters in the room that the [“Snowflake“] Senator did not want any of them visiting her property.
Hennessy, Sanchez’ attorney, notified the court he intended to seek an order that Rogers pay attorneys fees, though Grodman indicated such an order was unlikely. He noted that he is “hesitant” to award attorney’s fees in harassment cases for fear of disincentivizing those with legitimate requests for an injunction.
A spokeswoman for the Arizona Senate said she did not know if the Senate was paying for Rogers’ legal representation, and the Senate has not yet responded to a public records request seeking any documents related to payments made for that representation.
[“Snowflake“] Sen. Rogers was not available for comment after the Grodman’s ruling.
Oh, but you can bet “Snowflake” had a lot to say on the right-wing social media sites she posts her White Christian Nationalist hatred on. Here is just Twitter:
LIVE 1:30
AZ Senator Wendy Rogers Defends Restraining Order Against Journalist. 5/10/23 https://t.co/3CyKJqsPWe— Wendy Rogers (@WendyRogersAZ) May 10, 2023
I heard Fox10 “journalist” @fox10_NicoleG Nicole Garcia asked if she can “stalk” me now.
Pro Tip:
Stalking is a crime, Nicole.
…even for a mediocre journalist.And in case you didn’t hear it in today’s courtroom, you should stay away from my private homes, too.
Test that…
— Wendy Rogers (@WendyRogersAZ) May 11, 2023
And this from her GQP primary opponent, the former QAnon Queen of the Arizona legislature.
So any Legislator arguing against the press asking hard questions of them lied when they raised their hand swearing an oath to defend the Constitution. Either you support & defend ALL of it (even the part you don’t like) or you go home. B/c that is the sauce tyranny is made of.
— Kelly Townsend (@AZKellyT) May 10, 2023
UPDATE: This QAnon troll tags her fellow QAnon trolls in the Arizona legislature. They all need to go.
This won't stop public records requests @WendyRogersAZ pic.twitter.com/UE9zuBUtWR
— Jerod MacDonald-Evoy (@JerodMacEvoy) May 11, 2023
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Criminal fraud, justified somehow because everybody does it, Dems & Reps, and they get away with it because there is no enforcement. Rogers gets attention because she has raised her profile and the lefty media hates her for it. A real investigative reporter would be looking at the practice in general, not obsessing over one high profile Senator. So, hypocrisy, agenda reporting, yours and hers. Two-tiered justice. Two-tiered media efforts. You’re on the wrong side pal unless you are yourself a commie.
I think your title is mis-spelled. You spelled “lying thief of public monies through fraud” as “‘Snowflake”…