In a completely different context: Daniel Horowitz writing in The Blaze ” Horowitz: Is this quarantine or tyranny? There are constitutional limits to even the emergency authority of governors and mayors.,” he lays forth very important SCOTUS rulings that have a direct attachment to the actions by the Apache Junction City Council in stealing trash collection decisions from its citizens and imposing an Obamacare-like mandated fee while being forced to be a party to a city contract citizens have had no say in.
Sure they declare there was a ‘referendum’ but there was not. Asking people for opinions is NOT a referendum (a general vote by the electorate on a single political question which has been referred to them for a direct decision). Such a vote never happened. The CEOs of the trash collection services formerly servicing Apache Junction got caught up in trying to bid for a monopoly with government sanction and enforcement and completely thumbed their noses at the stock holders of their companies and the citizeNs of the city.
According to R. Joel Stern the City Attorney of the City of Apache Junction in email of March 10, 2020 : “Lee: I do not understand your comments below regarding “pain” but had the ordinance passed with an emergency clause, there would have been no way to refer the code provisions to a public vote by a member of the public. Because the ordinance passed without the emergency clause, there was a 30 day window to refer the matter from the date the ordinance was made available to the public (roughly from December 4th to January 6th). Consequently, the 30 day referendum ** period has come and gone so the provisions are already in effect and the Republic Services contract with the city begins in April for an initial period of 8 years with a 2 year renewal option.”
ALL without a SINGLE state or federal Constitutional authority!
The CEOs of Waste Management, Right Away Disposal and the others should be fired immediately for not defending the companies’ right to do business. Yes, even Republic Services, the low-ball winner of the illegal awarded contract. Immediately! If I owned stock in any of those firms I’d be demanding the board sever ties with cowards.
Horowitz addressed the Apache Junction City Council (metaphorically speaking):
“As the Supreme Court said in the landmark Shelton v. Tucker (1960) case, ‘In a series of decisions this Court has held that, even though the governmental purpose be legitimate and substantial, that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved. The breadth of legislative abridgment must be viewed in the light of less drastic means for achieving the same basic purpose.’* It can’t be unlimited and indiscriminate, and pronouncing the death penalty on jobs, the economy, and the mental health of hundreds of millions of people is as broad as it gets.”
In light of the Constitutional abuses running rampant across this nation: The Apache Junction City Council takes the cake. It declared a ‘health emergency’ to consider confiscating legal commerce and violated the Arizona state Constitution in doing so. See https://leehempfling.com/legal/corruption/city-council-apache-junction-arizona-has-passed-an-illegal-tax-and-has-illegally-restrained-legal-trade-and-violated-three-state-laws/
According to R. Joel Stern[1] the City Attorney of the City of Apache Junction in email of March 10, 2020 : “Ordinance No. 1483 passed without an emergency clause. If you want a copy, please contact the city clerk’s office and they can provide you a copy at 25 cents per page. You can also go to the city’s website and watch all of the public hearings on the matter leading up to the passage.”
The city council DOES NOT HAVE THE LEGAL AUTHORITY TO VIOLATE STATE AND FEDERAL CONSITUTIONS!
Although I cannot write in crayon for the idiots and lawyer (same thing) who run this city to understand I can show a nice video. WATCH IT! LEARN SOMETHING! DIRECT REAL VOTING IS NOT A PUBLIC COMMENT 30 DAY PERIOD!
**
I urge my fellow Apache Junction neighbors to PUT A STOP to this illegal grasping of powers by little tyrants bent on COLLECTING AN ILLEGAL 8% TAX AND RESTRICTING THE TRADE DECISIONS OF ITS CITIZENS.
THROW THE COUNCIL OUT!
FIRE THEM ALL!
In a time when health emergencies ACTUALLY mean lives: THE APACHE JUNCTION CITY COUNCIL SHOULD RESIGN IN DISGRACE!
* I have used the quote directly from the SCOTUS ruling not the abridged quote used in Horowitz’ article.
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