Goldwater Institute v. City of Glendale (public records in Coyotes negotiations case)

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Case Background:

Several media reports have indicated that the City of Glendale intends to offer some form of taxpayer subsidy to a new owner of the Phoenix Coyotes as an incentive to keep the hockey team in Glendale. This is a potential violation of the Arizona Constitution's Gift Clause. The Goldwater Institute filed a public records request asking the City of Glendale to provide all documents--current and future--related to negotiations with any potential new owner of the Coyotes. Glendale refused, saying the negotiations are confidential and that it would be burdensome to send future records. The case law Glendale cited did not provide a legal basis to withhold the documents. Because of this clear violation of Arizona's public records law, the Goldwater Institute has filed suit against the City of Glendale.

A judge ordered Glendale to turn the records over to the Goldwater Institute, and if there were any records the City felt could harm its negotiations with a potential owner of the Coyotes, to turn those records over to the judge for an in-camera inspection. The City turned over some documents at first then many months went by without Glendale turning over any other records, even though it indicated to the Goldwater Institute that it had more documents.

The Goldwater Institute will continue to enforce public records laws and the judges rulings in court as necessary to make sure taxpayers are not kept in the dark and have an opportunity to analyze and comment on the City's proposed course of action before they are committed to a deal.

The Stakes:

• The affirmation of Arizona's public records law.
• Transparency in government.
• The responsible use of taxpayer money.
• The affirmation of sunshine laws.

Case Documents:

• Combined Response for Deposition and Reply on Supplemental Evidence
• Supplemental Evidence on Contempt
• Reply on Contempt
• Contempt Application
• Public Records Released by Glendale--Fourth Disclosure
• Motion to File Amicus Brief on Behalf of Glendale Taxpayers
• Public Records Released by Glendale--Third Disclosure
• Judge Burke's Second Ruling
• Motion on Glendale Public Notice Requirements
• Response to Glendale's Motion to Delay
• Public Records Released by Glendale--Second Disclosure
• Judge Burke's Ruling
• Redacted Public Records Released by Glendale
• Response to City's Brief on Order to Show Cause
• Complaint
• Glendale's Response to Goldwater Institute Public Records Request
• Copy of Public Records Request Made to the City of Glendale

Case Timeline:

June 26, 2009: The Goldwater Institute files a complaint in Maricopa County Superior Court.

July 2, 2009: The Hon. Edward O. Burke ordered the City of Glendale to show cause why he should not order it to immediately disclose the requested public records to the Goldwater Institute.

July 20, 2009: Judge Burke rules Glendale must make records of negotiations public.

January 20, 2010: Goldwater Institute asks judge to hold Glendale in contempt for not following judge's orders to produce records.

February 12, 2010: Contempt hearing before Judge Burke, 1:30 PM at the Old Courthouse, 125 W. Washington Street, Phoenix, Courtroom 101.

April 22, 2010: Judge Burke denies Glendale's request for attorney's fees in contempt of court motion. 

News Releases:

Goldwater Institute asks Judge to Find Glendale in Contempt of Court

Goldwater Institute Files Conditional Objection to Coyotes Sale

Judge Orders Glendale to Produce Public Records in Coyotes Sale Negotiations

Glendale Sued for Denying Public Records Request

Media Coverage:

• The Latest on Glendale and the Coyotes
  KTVK Channel 3, September 29, 2009
• Glendale, Goldwater, and Coyotes . . . oh my
  August 10, 2009
• Clint Bolick Explains the Lawsuit Against Glendale
  XTRA Sports 910
  July 23, 2009
• Coyotes and Tattoos
  KTVK Channel 3, July 21, 2009
• Will Glendale Pay the Coyotes to Stay?
  KPNX Channel 12, July 17, 2009
• Carrie Ann Sitren Discusses the Lawsuit Against Glendale
  KTAR 620 AM
  July 16, 2009
• Goldwater Institute Watching Phoenix Coyotes Closely
  KTVK Channel 3, July 14, 2009
• No public money for the Coyotes!
  KTVK Channel 3, June 22, 2009
• The Coyotes and taxpayer dollars
  KPNX Channel 12, June 22, 2009
• Carrie Ann Sitren warns City of Glendale over Coyotes
  KPNX Channel 12, June 8, 2009
• Carrie Ann Sitren on the limits of corporate subsidies
  KPNX Channel 12, February 26, 2009

 How can I help?

• The stakes are high, help build positive press. Write letters to the editor for your local newspaper and let them know how you feel.
• The Goldwater Institute's Scharf-Norton Constitutional Litigation Center is able to defend your constitutional freedom because of the generous donations of private individuals.  R. Evan Scharf and John R. Norton III have arranged for a $1 million challenge grant to establish and fund the Goldwater Institute Scharf-Norton Center for Constitutional Litigation.  To donate to the litigation center or become a member of the Goldwater Institute, please call (602) 462-5000.

Learn more about the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.