Goldwater Puts South Tucson on Notice About Permit Freedom Protections

Getting government permission for lawful activities shouldn’t be an arbitrary, confusing, or drawn-out process. But for decades, the slow creep of government growth expanded the scope of permitting regimes at every level of government, resulting in large backlogs of permit applications, inconsistent and unpredictable licensing decisions, and palpable frustration across many regulated sectors of the economy. That’s why the Goldwater Institute crafted—and in 2023 the State of Arizona adopted—the Permit Freedom Act, providing citizens with key protections when seeking a government permit.

Now, in a letter to the City of South Tucson, the Goldwater Institute is reminding local leaders of their legal obligations under the Act. This comes as South Tucson is engaged in a dispute with businessman Marv Kirchler over the issuance of a permit for the construction of a billboard near Interstate 10.

Concerns about government overreach are particularly widespread in land use, where arbitrary and delayed permitting has infringed on property rights and contributed to higher costs. But under the Permit Freedom Act, the criteria for securing a permit must be clear and unambiguous, rather than subject to the whims of politicians or bureaucrats on a case-by-case basis. Additionally, there must be a specific deadline for the government to provide permit applicants with a decision approving or denying the application, rather than an open-ended timeline with ever-growing backlogs.

These common-sense protections have been recognized by the U.S. Supreme Court as necessary to prevent “the uncontrolled will of an official” from unconstitutionally depriving citizens of their rights to earn an honest living, to use their property as they see fit, to speak, or to engage in other constitutionally protected activities.

Since Arizona passed the Permit Freedom Act, this landmark reform has been credited with slashing permit approval timelines and leading to clearer permitting criteria. Unfortunately, some Arizona cities have not yet fully complied with the requirements of the Permit Freedom Act, nearly three years after its passage. That includes the City of South Tucson.

In its letter to the city, Goldwater reminded local leaders that they must provide landowners with clear permitting criteria, give permit applicants proper notice of both the permit criteria and the protections afforded them under the Permit Freedom Act, and fully process applications within sixty days. If they fail to comply with the statute, the permit in that case is considered automatically approved.

Arizonans must not be hindered in the exercise of their constitutional rights by burdensome permitting procedures or the unfettered discretion of licensing authorities. That’s why governments across the state should take steps to fully comply with the legal requirements of the Permit Freedom Act. In the meantime, the Goldwater Institute will continue to hold Arizona officials accountable when the Act is violated and work to implement this critical reform in states across the nation.

You can read our letter to the City of South Tucson here.

Click here to learn more about the Permit Freedom Act.

Parker Jackson is a Staff Attorney at the Goldwater Institute.