William R. CHEATHAM and Marcus Huey, Plaintiffs/Appellees,
v.
Sal DICICCIO in His Official Capacity as a Member of the Phoenix City Council; City of Phoenix; Phoenix Law Enforcement Association, Defendants/Appellants,
Thomas Cox; Victor Escoto; Richard V. Hartson; Vivian Reque; and David K. Wilson, Intervenors/Appellants.
William R. Cheatham and Marcus Huey, Plaintiffs/Appellees,
v.
Phoenix Law Enforcement Association, Defendant/Appellant.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Filed September 13, 2016.
Filed September 13, 2016.
Attorney(s) appearing for the Case
Jonathan Riches (argued), Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, Attorneys for William R. Cheatham and Marcus Huey
David L. Abney , Knapp & Roberts, P.C., Scottsdale, Attorneys for Amicus Curiae PORAC Legal Defense Fund
Larry H. James , Crabbe, Brown & James, LLP, Columbus, OH; and Robert E. Yen , Yen Pilch & Landeen, P.C., Phoenix, Attorneys for Amicus Curiae National Fraternal Order of Police
James S. Burling , Pacific Legal Foundation, Sacramento, CA, Attorneys for Amicus Curiae Pacific Legal Foundation
Roopali H. Desai , Shelley Tolman , Coppersmith Brockelman PLC, Phoenix, Attorneys for Amici Curiae United Phoenix Fire-fighters Association, Local 493, Professional Fire Fighters of Arizona, and International Association of Fire Fighters
Gerald Barrett , Ward, Keenan & Barrett, P.C., Phoenix, Attorneys for Amicus Curiae National Association of Police Organizations
Susan Martin , Jennifer Kroll , Martin & Bonnett, PLLC, Phoenix; Nicholas J. Enoch , Lubin & Enoch, P.C., Phoenix, Attorneys for Amici Curiae American Federation of State, County and Municipal Employees, Locals 2384 and 2960
CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUDGE HOWARD joined, and JUSTICES BRUTINEL and TIMMER dissented.
CHIEF JUSTICEBALES, opinion of the Court:
¶ 1 The Gift Clause of Arizona's Constitution bars cities and other public entities from "mak[ing] any donation or grant, by subsidy or otherwise, to any individual, association, or corporation." Ariz. Const. art. 9, § 7. For decades, the City of Phoenix has contracted in collective bargaining...
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