Monday, October 24, 2011

Tucson Citizens Ask Their City for Explanation for Defying the U.S. and State Constitutions

Open letter to Tucson Mayor and Council

Dear Mayor Bob Walkup and Council Members:

Many Tucson citizens participating in the Occupy Wall Street activities at Armory Park have been criminally cited for violating the city park ordinance. City ordinances do not include a policy protecting political expression or assemblies for the common good.  We understand that the city attorney Mike Rankin has offered his opinion on the balance between park ordinances and the fundamental rights guaranteed to all citizens by both the Federal and State Constitutions.

We understand that the 'attorney-client privilege' applies to Mr. Rankin's advice to the city council. However, the council is the client, and as the client the council may waive that privilege at any time.  We request that the council agrees to make Mr. Rankin's opinion public, providing the residents of Tucson with a document that clearly states what that opinion is. In this way, all of the residents in our community will understand what Mr. Rankin is advising you to do and why.

The Tucson community places great importance on the rights of all people to peacefully assemble, to, among other purposes, discuss their grievances to advance the common good.  That right is confirmed by the Arizona Constitution, which states that “governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.”

Fundamental to our Democracy is the right to petition the government.  The Council should be outraged that former State Legislator Ted Downing, clipboard in hand, was arrested along with fellow citizens who signed his petition for Open Elections/ Open Government an initiative to change the Arizona Constitution.

If, the council believes it necessary to treat citizens as criminals, citizens who are exercising their democratic rights and assembling for the common good, this opinion should be made public.  The choice is the council’s alone, and not the city attorney's.  The sunlight of liberty is the best disinfectant: citizens of Tucson should not be arrested night after night because of the secret opinions and opaque reasoning of others. Our fundamental rights are no secret; they should be primary in decisions concerning the law.

We want to help the council carry out its responsibilities for the sake of all Tucson residents. We all need to examine these fundamental issues. It is only by reaffirming our fundamental principles of freedom and openness that America’s individual rights can be protected and the perpetuity or our democratic government perserved.

Joel Feinman, Attorney   520 444-0803

Craig Barber-

Kacee Dwyer- 7148 E Port au Prince Pl, Tucson, AZ 85710

Ted Downing 1402 E Kleindale Road, Tucson AZ 85719 520 323 8766

Jon McLane- 520-248-8161

Logan McOllough- 3540 E Monte Vista, Tucson, AZ 85716

Arlene Leaf, 520 400-5061

Open Letter to Mayor Bob Walkup Phone: (520) 791-4201

Council Members

Regina Romero - city council Ward 1 Phone: (520) 791-4040 Email:

Paul Cunningham - city council Ward Two Phone: (520) 791-4687

Karin Uhlich - Vice Mayor and city council Ward III Phone: (520) 791-4711

Shirley Scott - city council Ward IV Phone: (520)  791-3199  E-Mail:

Richard Fimbres - city council Ward V Phone: (520)  791-4231

Steve Kozachik - city council Ward VI Phone: (520)  791-4601 E-Mail:

Arizona Revised Statues

39-121. Inspection of public records

Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.

38-231. Officers and employees required to take loyalty oath; form; classification; definition

A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices.

B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section.

C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer's or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.

D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted from any compliance with this section.

E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:

State of Arizona, County of ______________ I, __________________ (type or print name)

do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).

______________________________________(signature of officer or employee)

F. For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution.

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