READ THE FOLLOW UP TO THIS ARTICLE: APACHE JUNCTION RESTRAINT OF TRADE IN VIOLATION OF THE 1960 SCOTUS CASE SHELTON V TUCKER.
While cities, counties and states across the county, sit down to pass legislation to declare a state of emergency for the coronavirus: APACHE JUNCTION ARIZONA DECLARES AN EMERGENCY TO CONFISCATE COMMERCIAL ENTERPRISE AND MONOPOLIZE TRASH COLLECTION SERVICES IN DIRECT VIOLATION OF ARIZONA LAW.
ARIZONA DECLARED A STATE OF EMERGENCY “Arizona governor declares emergency as virus cases hit 9”: “Arizona Gov. Doug Ducey on Wednesday declared a public health emergency because of the risk of increased transmission of coronavirus in the state. But he fell short of ordering large events to be cancelled as the governor of Washington did in three counties.
Ducey said at an afternoon news conference that his emergency declaration and a separate executive order were being issued to ensure the state has the resources to fight the outbreak and the most vulnerable populations — mainly the elderly or those with serious health issues — are protected.”
LIKEWISE: major cities are declaring states of emergency having to do with homelessness and trash BUT NOT TO CONFISCATE A VALID CAPITALISTIC RELATIONSHIP IN COMMERCE.
The ordinance the AJ city Council has overturned contained this:
§ 9-5-1. Legislative Purpose.
Latest version.
It is the purpose of this article to regulate the collection of residential solid waste to promote the public health, safety and general welfare of the citizens of the city, and to avoid and mitigate the detrimental effects of random trash collection, insufficient solid waste containers and substandard collection vehicles and equipment through reasonable regulation. It is not the purpose of this article to prohibit or unreasonably restrain private enterprise from delivering solid waste collection services within or to the residents of the city. In addition, this article is not intended to favor local enterprise by prohibiting out-of-town or out-of-state competition.
(Ord. 1255, passed 1-3-2006)
Apache Junction is a small city (32,000 people or so) and a breeding ground for egos and small town corruption. Some state of Arizona big wig law enforcement person (don’t count on the AG office those idiots wouldn’t take care of a blatant price complaint and as court records prove they have NO CREDIBILITY!) should arrest these politicians. (Makes me wonder what will happen to all of the legal cases the AG’s office has settled in the past two years that will be thrown out.)
Wikipedia defines the state of emergency to be:
“A state of emergency is a situation in which a government is empowered to perform actions or impose policies that it would normally not be permitted to undertake. A government can declare such a state during a disaster, civil unrest, or armed conflict. Such declarations alert citizens to change their normal behavior and orders government agencies to implement emergency plans. Justitium is its equivalent in Roman law—a concept in which the senate could put forward a final decree (senatus consultum ultimum) that was not subject to dispute.
States of emergency can also be used as a rationale or pretext for suspending rights and freedoms guaranteed under a country’s constitution or basic law. The procedure for and legality of doing so vary by country. ”
So how then can this be a state of emergency:
“SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage, adoption and approval by the mayor and city council of the City of Apache Junction.”
There is no civil unrest in Apache Junction.
There is no disaster in Apache Junction.
There is no armed conflict in Apache Junction.
There is GARBAGE COLLECTION in Apache Junction carrying on with multiple options for service, none of which causes a health hazard and none of which is any of the city’s business.
Yet Apache Junction, Arizona has illegally used a state of emergency to:
Pass an ordinance that results in restraint of trade.
“A Public health emergency means a state of emergency declared by the governor in which there is an occurrence or imminent threat of an illness or health condition caused by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or biological toxin and that poses a substantial risk of a significant number of human fatalities.” https://www.azica.gov/sites/default/files/media/20-05.pdf
“State of Emergency in Flagstaff after snowiest day on record”
It would seem an emergency means just that. Something extraordinary that needs attention by government.
So along comes the tiny minds of little people on the council of Apache Junction who’s power has gone to their heads.
They have used an emergency declaration to declare that trash collection, well handled by many providers, is somehow a city emergency meaning: those same little people have confiscated the trade already in existence and taken it to increase the revenue to the city through an illegal tax.
So what does Arizona have to say about this communistic confiscation of trade?
2012 Arizona Revised Statutes Title 44 Trade and Commerce Chapter 10 COMPETITION AND COMPETITIVE PRACTICES Article 1 Uniform State Antitrust Act:
Universal Citation: AZ Rev Stat § 44-1402 (through 2nd Reg Sess. 50th Leg. 2012) 44-1402. Contract, combination or conspiracy to restrain or monopolize trade
“A contract, combination or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce, any part of which is within this state, is unlawful.”
The city ordinance violates AZ Rev Stat § 44-1402.
Universal Citation: AZ Rev Stat § 44-1403 (through 2nd Reg Sess. 50th Leg. 2012)
44-1403. Establishment, maintenance or use of monopoly
“The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any person for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.”
The city ordinance violates AZ Rev Stat § 44-1403.
Universal Citation: AZ Rev Stat § 44-1416 (through 2nd Reg Sess. 50th Leg. 2012)
44-1416. Government contract, combination or conspiracy to restrain trade or commerce; violation; classification
A. A contract, combination or conspiracy in violation of section 44-1402 is per se unlawful if it involves:
1. A contract between a governmental agency and a person for the purchase of equipment, services, labor, goods, materials and commodities of any kind.
2. A subcontract with a contractor or proposed contractor for a governmental agency for the purchase of equipment, services, labor, goods, materials and commodities of any kind.
B. This section does not prevent or limit a court in finding other conduct that violates section 44-1402 to be per se unlawful.
C. A person who enters into a contract, combination, conspiracy or other act in violation of this section is guilty of a class 4 felony in addition to all other remedies provided by this chapter.
The city ordinance violates AZ Rev Stat § 44-1416 A1, A2 and A3.
The city council members of Apache Junction should be charged with this class 4 felony as well as substantial class action penalties.
All of this so the city council can control services within the city that are already regulated by commerce law and in operation, not in violation of any law or ordinance.
The City of Apache Junction’s Ordinance stealing the trash collection of this city for city coffers violates state law and should NOT be complied with by any Apache Junction resident.
But alas the monsters in charge of this little berg have bigger egos than the law provides.
April 1 we will all be having new trash bins and current providers who have done nothing illegal, have had their livelihood stolen in order to collect a tax to defray other trash collection costs with no guarantees of collection, price or service and no recourse once the theft is completed.
Yes, cities have chosen one cable provider. That’s because there was no cable before that. So next I guess the city babies will confiscate the food stores in town so they can rip another 8% off the top and control who can eat and where you can buy food. IT IS THE EXACT SAME ILLEGAL PROCESS!
The whole disaster is a small town joke. And flat out ILLEGAL!
Ordinance1483UPDATE: The following email was sent to the city clerk on Saturday March 7, 2020.
Good morning
This email is an official request for documents and authority. If you need a hard copy letter let me know. Do NOT ignore this request.
I am seeking to know the statute, ordinance or law that was used by the city council to declare a state of emergency to confiscate trash collection services and eliminate capitalism in this city.
Specifically: if there is any documentation, statute, ordinance or executive order the city relied upon to determine that the very existence of trash collection services, heretofore provided without city involvement had resulted in an emergency:
How does functioning trash collection from multiple free market providers need an immediate preservation of the public peace, health or safety?
The city has entered into an illegal ordinance and shall be held accountable for it.
If you refuse to provide information prior to any further action without legal requirement it will appear that the city has refused to cooperate.
Kindly forward such documentation in reply email, if not possible kindly send to
Lee Hempfling
Apache Junction AZ 85120
[The city attorney (who has history in a case I am involved in and he doesn’t remember it… ISN’T THAT GONNA BE FUN!) ] says the ordinance did not pass with an emergency declaration. My response? ‘Wonderful”. You’ll get the meaning of that when the law suit is filed. Until then.. these people have no idea.]
UPDATE 2: Apache Junction declares an emergency again. This time its for real.
“Apache Junction declared a state of emergency on Friday after announcing temporary closures of its library and other city facilities earlier in the week to curb the spread of the new coronavirus.
‘We don’t want anyone to be alarmed,’ Mayor Jeff Serdy said in a written release. ‘This just allows the city to access funds if there are federal funds that are allocated.’
Apache Junction is a community of more than 40,000 residents that crosses over from Maricopa County into Pinal County.”
Gee they apparently then wanted citizens to be alarmed when they passed an emergency declaration to steal trash services.