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Week in Review: American Freedom Network Victory in Oregon

October 20, 2019

Some Oregon entrepreneurs nearly found themselves out of business—until the Goldwater Institute’s American Freedom Network stepped in to defend their economic liberty. 

The American Freedom Network (AFN) is the Goldwater Institute’s pro-bono network of attorneys who lend their skills to the Goldwater Institute’s dedicated effort to defend freedom. More than 320 attorneys are part of AFN, with a presence in 50 states and the District of Columbia. To date, they have helped develop, litigate, and complete 31 cases and projects in 19 states.

Last week, AFN won a victory for Paul Bates, a business owner in Oregon whose 21-and-over vape shopsells e-cigarettes—a popular and effective method of quitting smoking. Bates faced the imminent loss of his livelihood under Oregon’s new anti-vaping rule. But thanks to the efforts of attorney Ryan Adams, a member of the American Freedom Network, an Oregon State Court of Appeals commissioner granted an immediate and temporary stay of the state’s anti-entrepreneur regulation. 

Last week’s decision means Mr. Bates will be able to keep the lights on, at least until the court renders a final decision in the case. Goldwater Legal Programs Manager Kileen Lindgren shares all the details about this week’s decision on In Defense of Liberty

Arizona Must Enforce Its Own Constitution

Copied from the Washington State Constitution, Arizona’s Private Affairs Clause reads that “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” But unlike Washington, Arizona courts have not “developed a robust and effective body of case law” interpreting its Clause, writes Goldwater Vice President for Litigation Timothy Sandefur in a new report out this week.

In The Arizona “Private Affairs” Clause: Time for a Second Look?, Sandefur looks at how Arizona courts have gone wrong in interpreting this provision. In addition to releasing the new report, the Goldwater Institute has also filed two amicus briefs in important pending Arizona lawsuits involving the Private Affairs Clause—read more about those in a new In Defense of Liberty post from Sandefur.

“It’s long past time for Arizona courts to enforce the actual wording of the Private Affairs Clause…Arizona courts already consult Washington precedent when interpreting other provisions of the Arizona Constitution that were borrowed from Washington, because doing so does justice to the actual language that the state Constitution’s framers used,” Sandefur writes in the post. “Refusing to treat the Private Affairs Clause with the same respect is arbitrary and irrational. It’s time for Arizona courts to enforce the Arizona Constitution.”

Don’t Miss “Miss Virginia”

The system was stacked against Virginia Walden Ford, but she wouldn’t stop until her son—and countless children like him—had access to a good education. Now, her story has come to the big screen, putting the spotlight on how choice can make a real difference in a student’s education.

Based on a true story, the new movie “Miss Virginia” tells the story of Walden Ford’s fight to give parents all across the financial spectrum more say in their child’s education. Her efforts resulted in the creation of the D.C. Opportunity Scholarship program in 2004, providing scholarships to low-income students and making it possible for them to attend private schools.

Some members of the Goldwater Institute team were lucky enough to get a sneak preview of the film at its recent New York City premiere—you can read more about it at In Defense of Liberty. And if you’re interested in seeing the movie yourself, it’s now out in select theaters and available for streaming in the iTunes Store.

 

 

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