The Scottsdale City Council voted 4-3 to adjust the language for a sales tax ballot proposition that would have been killed by an Arizona Court of Appeals if changes were not made quickly.
The court shot down the original language following a lawsuit from the Goldwater Institute, as the court said it would confuse voters to brand a new 0.15 percent sales tax beginning July 1, 2025, as a cut instead of a new tax to replace the 0.2 percent sales tax expiring June 30, 2025.
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A three-judge panel on the Arizona Court of Appeals heard oral arguments last Tuesday in the Goldwater Institute’s (GI) legal challenge to a $1.2 billion sales tax the City of Scottsdale referred to the ballot this fall. GI said the City’s description of Proposition 490 made the tax for parks out to be a tax decrease, when it really was a new tax. GI was appealing a dismissal of its lawsuit by Maricopa County Superior Court Judge Michael Gordon, who was appointed to the bench by Democratic Governor Janet Napolitano.
In its executive summary about the lawsuit, GI stated, “The City of Scottsdale is attempting to trick Scottsdale residents into approving a tax increase by calling it a tax reduction.” GI cited Arizona law, Molera v. Hobbs, which prohibits bait and switch tactics with ballot measures.
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The Scottsdale City Council (SCC) has been approving plans to eliminate lanes on roads in the city and replace them with bicycle lanes, known as “road diets.” This is causing a wave of concern from Scottsdale residents over the increasing traffic congestion. A road diet that was approved last March particularly angered residents since it was located in the city’s popular Old Town entertainment district. Mason Gates, one of the candidates running for the SCC this year, has made opposition to them a priority.
Gates spoke at an SCC meeting on February 20 against road diets. He said he had a discussion with a business owner located near the Old Town road diet, who said he was not consulted in preliminary talks before the SCC decided to construct a road diet there. Protect Scottsdale reported that 23 business owners in the vicinity signed a petition opposing the road diet, but their concerns were dismissed. According to Gates, Rich Bonura, the owner of BEG Bakery, told him “he often sees buses, semi-trucks, and other vehicles parked in the bike lane that is intended for cyclists. This can pose a grave danger for cyclists who need to avoid parked vehicles by swerving into traffic lanes where drivers may not expect to see them.”
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