Frequently Searched

Arizona Town Illegally Dumps $70 Million Debt on Residents; Goldwater Sues

September 11, 2024

When the town of Payson, Ariz., decided to take on $70 million in debt without voter approval, resident Deborah Rose wanted to do something about it. But she couldn’t because the town misapplied the law to create a loophole preventing citizens from challenging it. Now, with the Goldwater Institute’s help, Deborah is suing the town to put a stop to the spending that will put taxpayers in debt for 25 years.

“Our leaders want our money, but not our vote,” Deborah says. “They’re trying to take advantage of legal loopholes to saddle their own constituents with tens of millions of dollars of debt, systematically stripping power from the people by ignoring laws and twisting their truths.”

Under the pretext of an “emergency,” the Payson Town Council voted last month to take on $70 million in bonds without letting residents weigh in via referendum. That violates the Arizona Constitution. Goldwater filed a lawsuit this week in Gila County Superior Court seeking a temporary restraining order and a preliminary injunction to stop the measure. Goldwater is also asking the court to declare the measure unlawful and void, and to order the Town Council not to pass such a measure without giving Payson voters the opportunity to exercise their constitutional right to organize a referendum and vote on it.

When the council approved the bond measure, it slipped in an “emergency clause,” stating that the measure would go into effect immediately, without letting residents who might oppose the measure organize a referendum and put the issue to a vote. But the Arizona Constitution guarantees the right of referendum: the right of Arizonans to circulate petitions and refer bills, ordinances, and resolutions for a popular vote. It’s a cornerstone of democratic accountability in Arizona, and it means that the people—not politicians—have the last word in state and local government.

The Payson Town Council is trying to bypass that safeguard and short-circuit the democratic process using a legal loophole: a narrow exception allowing cities and towns to enact emergency measures without waiting for a referendum when such measures are “necessary for the immediate preservation of the peace, health or safety of the city or town.” The so-called “emergency” here is nothing more than town officials’ apparent belief that interest rates might rise in coming months, and that they’ll secure slightly better municipal bond terms now than they could in 30 days if they gave residents the opportunity to organize a referendum.

But government officials’ efforts to time the market, based on pure speculation about financial trends, is not an “emergency.” And it certainly doesn’t justify bypassing the democratic process and imposing $70 million of debt on Payson residents without giving them a say in the matter.

The referendum process is meant to ensure Arizonans have a voice in their government, and a say in decisions that affect them. The government can’t abuse its emergency powers to pass bond measures without democratic accountability.

You can read our complaint here and motion for a preliminary injunction here, and you can check out our case page here.

John Thorpe is a Staff Attorney at the Goldwater Institute.

 

 

More on this issue

Donate Now

Help all Americans live freer, happier lives. Join the Goldwater Institute as we defend and strengthen freedom in all 50 states.

Donate Now

Since 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.

We Protect Your Rights

Our attorneys defend individual rights and protect those who cannot protect themselves.

Need Help? Submit a case.

Get Connected to Goldwater

Sign up for the latest news, event updates, and more.

Wait! Don’t close this yet!

We are grateful for your support of the Goldwater Institute’s efforts to advance and defend liberty throughout the United States. For over 36 years, we’ve been defending the rights of Americans to live their lives free from government interference.

And Goldwater is unique in that we direct our efforts to the 50 states where we introduce and advance innovative ideas that expand freedom. And we fight in courtrooms and capitals nationwide to defend individual liberty.

In 2024 alone, we scored over 50 policy and litigation victories defending liberty!

And that’s just the beginning.

Our plans for 2025 include:

  • Stopping pernicious DEI and other woke programs in America’s universities.
  • Ensuring that patients suffering from rare and terminal diseases have access to cutting-edge, lifesaving medical treatments, without having to first seek permission from the government.
  • Defending parental rights across the United States so that parents can send their kids to the school that best fits their needs, free from leftist indoctrination.
  • Eliminating government interference in the fundamental right of individuals to own property and use it as they see fit.
  • And much, much more

We seek to restore the presumption of liberty; that people are free to act without first asking permission from the government.

But we cannot do this without you. Will you join us as we fight to preserve and advance liberty throughout the country? As we seek new and innovative ways to defend freedom in all 50 states?

And there’s great news: Thanks to a generous Goldwater supporter, your donation today will be doubled!

So please, join us in fighting to advance liberty and score real wins for freedom from coast to coast!