Tucson, Flagstaff sue to challenge SB 1070, Phoenix dithers

Posted by AzBlueMeanie:

The City of Tucson became the first city to approve a legal challenge to Arizona's controversial new immigration law that requires local police to verify the status of those they "reasonably suspect" are here illegally. City suit will seek to nullify SB 1070:

The City Council voted 5-1 Tuesday to sue the state to overturn SB 1070, with only Councilman Steve Kozachik voting no. City Attorney Mike Rankin said the city hasn't decided the timing for suing to block the law, which doesn't take effect until the end of July.

I am surprised that Mayor Bob Walkup went along. I guess Bob has made his decision to retire at the end of his term.

Mayor Bob Walkup said the law is based on a misguided notion illegal immigrants are bad for the area's quality of life and economy. "Frankly, I don't believe that's true," Walkup said.

Much of Tucson's economy is derived from Mexican tourists who come here to vacation and shop, Walkup said.

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After the vote, Walkup said part of his conversion came after he was called by Portland, Ore., Mayor Sam Adams, who told him that major cities on the West Coast would boycott Arizona and all the cities in the state. Walkup said the cities he was told would boycott include Seattle, Portland, San Francisco, Los Angeles and San Diego.

With its vote to challenge the law, Walkup said he's hopeful they would now "exempt Tucson from the boycott."

Particularly at issue is Tucson's contract with Oregon Iron Works, Inc. to build streetcars for Tucson's $180 million modern streetcar project. The order is to be finalized next week, and Walkup said he was concerned the contract could be be caught up in the boycott.

In addition, Walkup said the orders from Tucson and Portland were intertwined, and he didn't want Portland's boycott to affect Tucson's streetcar contract with Oregon Iron Works. Walkup considers the streetcar his legacy as mayor after his years of cheerleading for downtown revitalization.

If Portland joined the boycott, Walkup said that could stop contracts for the streetcar only a week before they were finished.

The City of Flagstaff followed the lead of Tucson Tuesday night and also approved a legal challenge to Arizona's controversial new immigration law. Council votes to sue:

The Flagstaff City Council voted unanimously Tuesday night to file suit against Arizona's new immigration law.

The decision, made after more than three hours of public testimony, directs the city attorney to seek an injunction, either alone or in concert with other cities or litigants, preventing SB1070 from taking effect in late July.

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More than two dozen spoke to the council during the meeting, with more than 80 percent in favor of overturning the legislation.

The council agreed that there was a greater cost than possible legal fees — a human cost.

Mayor Sara Presler said the city might be saving money by suing the state — the city, she noted, could be legally liable for implementing the new law.

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The adopted resolution will give City Attorney Pat Boomsma two choices: Hiring an outside legal firm to fight the law or join with another community like Tucson to sue the state.

In Phoenix, Mayor Phil Gordon said he and other Arizona mayors plan to file a challenge to the state's new immigration law.

Gordon was unable last week to gather enough support from Phoenix City Council members to file a lawsuit on behalf of the city, and a legal opinion issued Monday by Phoenix City Attorney Gary Verburg says only the city council has the power to authorize lawsuits.

Gordon says the challenge to be filed by a coalition of municipalities in Arizona wouldn't be funded by Phoenix's taxpayer money.

H/t Arizona Daily Sun (Flagstaff) for the photo.

UPDATE: The referendum on SB 1070 taken out by Jon Garrido of Hispanic News last week Referendum to refer SB 1070 to the ballot begins has been withdrawn. Group drops immigration referendum effort.

This leaves the referendum on SB 1070 taken out by a group calling itself One Arizona. Update: Second Referendum to refer S.B. 1070 to the ballot begins

UPDATE II: The Yellow Sheet at the Arizona Capitol Times reports Arizona Capitol Times » Referendum on the rocks?: 

Ballot measure consultant Andrew Chavez told YS today that the One Arizona referendum campaign to thwart the state’s new anti-illegal immigration bill is in danger of collapsing. Whether voters would undo the law remains unclear, although recent polling indicates the One Arizona measure would have an uphill fight.