His Recent Superior Court Ruling Boldly Reveals Just Who's In Charge Here In Arizona.
By Emil Franzi
THE RECENT DECISION by Michael Brown, Pima County Superior
Court's presiding judge, enjoining the Tortolita Town Council
from contracting, spending any money, or otherwise defending itself,
illustrates major principles that apply to all Arizonans.
Brown justified his ruling on grounds that Tortolita otherwise
might force out-of-town land owners, who are "unrepresented,"
to actually pay a few taxes. But the importance of his ruling
extends way beyond Tortolita, and all citizens should thank him
for clarifying the rules.
One of the long-standing bitches in this state is that regular
folks just can't seem to discover once and for all who's really
in charge of the political structure. This situation compares
disfavorably to Illinois, a state where the most casual observer
can easily note where the real power lies.
Some think Illinois, and particularly Chicago, is one of the
most politically corrupt places in America. But unlike Arizonans,
Illinois citizens know it, because their media regularly report
it and the feds regularly pursue it. Too many naive Arizonans
believe our game is actually on the level.
So Arizona Attorney General Grant Woods sues a group of people
who've formed a town--not over the constitutionality of the town's
formation, mind you, but because the townsfolks' collective attitude
could injure out-of-state developers. We're not making this up--it's
in the suit. The AG wants the town enjoined from legal self-defense
because those out-of-state land owners could be "irreparably
harmed."
Brown, in granting the injunction, not only agreed, but jumped
over the issues presented in that suit, second-guessed the actions
of the higher-ranking court of appeals concerning another suit,
and opined that ultimately the unconstitutionality of the original
incorporation will probably be upheld. In doing so he clearly
spelled out the real pecking order of legal rights in Arizona:
First, certain governments have more rights than not only
their own citizens and residents, but also more rights than other
citizens who live up to six miles away, a throwback to the middle
ages where neighboring serfs farmed for the town.
Second highest in the rights hierarchy are land owners, regardless
of residence, whose privileges grow proportionately with the size
of their holdings, including built-in tax dodges--another ancient
colonial concept.
Finally, there are mere citizens and homeowners who are allowed
some privileges, as long as they don't get too uppity.
Putting aside that our forebears shot at redcoats for less, at
least Tortolita residents probably will not face mass deportation
to New Mexico, which was the plight of dissident Bisbee miners
who attempted to assert their rights in 1918.
Some critics are disappointed that Judge Brown didn't
look at this hoary compilation of questionable privileges and
proclaim it in clear violation of the basic principles of a free
and democratic society. In his defense, Superior Court judges
don't do that. They're as prone to political pressure from the
establishment media and ruling elite as any other pol, as well
as those higher in the judicial pecking order. They just like
to pretend they aren't.
Which is how Arizona really differs from a state like Illinois--it
comes down to pretense. We all know how crooked Chicago is--you
can tell by the annual indictments. Part of that is due to journalists
who actually report on government corruption in the present tense.
The late Mike Royko regularly revealed what Mayor Richard J. Daley
and others were doing. Of course, Daley never broke any laws--like
our development establishment, he wrote 'em, leaving it to others
to break 'em.
This explains Chicagoans' realistic attitude toward government.
It's hard for them to respect their learned judiciary when 18
of them were hauled to jail in one day by the feds. They judge
their pols not on what they grab or fix, but on what they leave
on the table for the community. Chicago told the Bears to stuff
it when they wanted city taxpayers to build them a new stadium.
The people of Chicago wouldn't buy that big a fix, and Daley's
son, the current mayor of Chicago, knew it.
Meanwhile, guys like Jerry Coangelo love Arizona's bush-league
politicians and brown-nosing media. A sports columnist like The
Arizona Daily Star's Greg Hanson would've been laughed into
Wisconsin for proclaiming someone like Coangelo the greatest sports
figure in Illinois history.
So we thank Michael Brown. He clearly explained that here those
who hold property come ahead of mere citizens, that when it comes
to basic rights governments stand well above their subjects and
even neighboring subjects, and that non-resident property owners
cannot be threatened with taxation without representation, a perversion
of our founding national principles that sent absentee land owners
packing with King George.
If nothing else, Brown's decision is proof that some government
officials are still honest some of the time.
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