PUBLIC INTEGRITY ALLIANCE, INC. v. CITY OF TUCSON

No. 15-16142.

836 F.3d 1019 (2016)

PUBLIC INTEGRITY ALLIANCE, INC., an Arizona nonprofit membership corporation; Bruce Ash, an individual; Fernando Gonzales, an individual; Ann Holden, an individual; Ken Smalley, an individual, Plaintiffs-Appellants, v. CITY OF TUCSON, a chartered city of the State of Arizona; Jonathan Rothschild, in his capacity as the Mayor of the City of Tucson; Regina Romero, in her capacity as a member of the Tucson City Council; Paul Cunningham, in his capacity as a member of the Tucson City Council; Karin Uhlich, in her capacity as a member of the Tucson City Council; Shirley Scott, in her capacity as a member of the Tucson City Council; Richard Fimbres, in his capacity as a member of the Tucson City Council; Steve Kozachik, in his capacity as a member of the Tucson City Council; Roger Randolph, in his capacity as the Clerk of the City of Tucson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 2, 2016.


Attorney(s) appearing for the Case

Kory A. Lanhofer (argued), Thomas J. Basile , and Roy Herrera Jr. , Brownstein Hyatt Farber Schreck, LLP, Phoenix, Arizona, for Plaintiffs-Appellants.

Dennis P. McLaughlin (argued), Principal Assistant City Attorney; Michael G. Rankin , City Attorney; City Attorney's Office, Tucson, Arizona; for Defendants-Appellees.

Rebecca Glasgow and Callie A. Castillo , Deputy Solicitors General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Amici Curiae Washington Secretary of State, Washington State Association of Counties, Association of Washington Cities, and Washington Association of County Officials.

Jennifer M. Perkins ; John R. Lopez, IV , Solicitor General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Amicus Curiae State of Arizona.

Before: Sidney R. Thomas, Chief Judge, and William A. Fletcher, Ronald M. Gould, Richard A. Paez, Marsha S. Berzon, Richard R. Clifton, Consuelo M. Callahan, Morgan Christen, Jacqueline H. Nguyen, John B. Owens, and Michelle T. Friedland, Circuit Judges.


OPINION

The structure of municipal governments and methods of selecting municipal officials vary greatly across the country. Such diversity is a manifestation of our federal structure, which ideally, though not always, "allows local policies `more sensitive to the diverse needs of a heterogeneous society,' permits...

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