Frequently Searched

Fighting the City of Tempe’s Unconstitutional Subsidies to Sea Life Aquarium

Coons v. Hallman (Sea Life Aquarium)

Case Status

Date Filed

November 23, 2009

Last Step

Case Closed: City voluntarily fixed the legal issues with the deal.

Next Step

Case Overview

THE CITY OF TEMPE MADE A DEAL WITH THE DEVELOPER OF SEA LIFE AQUARIUM, AN AQUARIUM AT A LOCAL SHOPPING MALL, TO PROVIDE SEA LIFE WITH TAX SUBSIDIES AND CONCESSIONS.

The City of Tempe made a deal with the developer of Sea Life Aquarium, an aquarium at a local shopping mall, to provide Sea Life with tax subsidies and concessions. The subsidies and concessions violated the Arizona Constitution and state law, which prohibit “gifts” of public money to private interests.

The deal included rebates to the developer on all construction sales taxes up to $900,000; all retail taxes up to $78,000; rebates on planning, engineering, and building safety processing fees up to $70,000; and special assistance from the city on permitting, planning, and other regulatory hurdles required of other non-favored developers and business owners.

After the Goldwater Institute filed suit, the City of Tempe amended the agreement with Sea Life Aquarium. Sea Life agreed to give the City a guarantee that it would allow trips to Sea Life for Tempe students for a rate of $7 in exchange for the subsidies. But not all of the problems are solved and there are still many questions to be answered, such as how many student trips will take place or how many students will be on the trips.

On January 28, 2011, a judge ruled Tempe changed its development agreement to avoid an illegal subsidy to the Sea Life aquarium.

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!