Who’s the Real Lobbyist? John McCain or JD Hayworth?

Monday night I accompanied JD Hayworth to a US Senate forum held in Prescott and sponsored by the Yavapai County Republican Party. Also attending was the protest candidate who shall remain nameless.

Conveniently absent was Arizona’s senior Senator, John McCain. McCain was asked to attend but instead, had a surrogate speak while he remained in Washington, D.C. – a place he likes to refer to as, “The City of Satan.”

Why was John McCain absent? Despite no recorded votes occurring on Monday, McCain instead chose to attend a fundraiser in McLean, Virginia, one of D.C.’s wealthiest suburbs. This elite fundraising event which was spent with Washinton insiders and lobbyists whom he asked to donate to his campaign in order to buy more campaigns attacking JD Hayworth for being a Washinton insider and lobbyist. The event was was an exercise dripping in pure irony and hypocrisy.

In the last day, Republicans have been barraged with campaign mailers attacking JD Hayworth for being a lobbyist. If your a breathing Republican or Independent I’m sure you’ve received two or three individual mailers.

If you glance at the flyer, you are mislead to believe that JD Hayworth “was paid thousands by a Florida corporation to lobby the very committee he used to serve on.”

Here’s the truth.

After returning to the role of a citizen, JD Hayworth was asked by a former college classmate if he would help him protect a patent on an intellectual property issue. His friend owned a Florida company called Wealth Transfer Group which held a patent on a a strategy to reduce taxation. That issue fell under the jurisdiction of the House Ways & Means Committee, a committee JD had served on during his prior service. Hayworth was asked if would help fend off heavy-handed action being threatened by the Treasury Department on the patent. Hayworth consulted with attorneys and was advised that for what the former college classmate requested, it was unnecessary to register as a lobbyist. However, out of an abundance of caution and in the spirit of transparency, JD Hayworth chose to file a Lobbying Registration form with Clerk of the House. He then assisted his former college classmate in protecting the patent.

Just 71 days later, Hayworth filed another report with the Clerk of the House disclosing the fact that he received $10,000 for compensation on the matter. That was the end of the matter and that was the end of JD’s brief “lobbying career.”

I’ll now turn to John McCain’s extensive history with lobbyists. This time, I’ll let Mark Halperin with Time Magazine explain the details which were revealed in an Obama Campaign Memo:

John McCain Has Deep Ties to Fannie, Freddie

McCain Has Deepest Ties To Fannie, Freddie. According to the New York Times, “More than Mr. Obama, Mr. McCain’s circle of advisers and contributors includes current and former lobbyists or directors for the companies, although since July he has called for a ban on any lobbying by the two firms. Among the companies’ past advocates are Mr. McCain’s campaign manager, Rick Davis, a longtime lobbyist; Mr. McCain’s confidant and adviser Charlie Black, whose firm worked for Freddie Mac for several years ending in 2005, and the deputy campaign finance chairman, Wayne L. Berman, a vice president for Ogilvy Worldwide and a former Fannie Mae lobbyist.” [New York Times, 9/10/08]

McCain Campaign Manager Rick Davis Led Efforts To Fight Off Regulations For Fannie And Freddie. “Davis previously was head of the Homeownership Alliance, a coalition of banks and housing industry interests led by Fannie and Freddie to stave off regulations. The group was formed to counter another organization, FM Watch, an alliance of financial institutions and lobbying associations that wanted to even the playing field against Fannie Mae and Freddie Mac,   by challenging the implicit government guarantee that allowed the two firms to borrow funds at lower interest rates.” [New York Times, 9/10/08]

*       Davis and Homeownership Alliance Fought Against Effort to Impose “Burdensome Regulatory Process” on Fannie & Freddie. “It shouldn’t have come as a surprise to anyone when the Homeownership Alliance announced its opposition last week to legislation by Rep. Richard Baker, R-Baton Rouge, to strengthen regulatory oversight for Fannie Mae and Freddie Mac, the two giant agencies that buy home mortgages to expand homeownership opportunities. Rick Davis, president of the Homeownership Alliance, said that ‘we are concerned that Rep. Baker’s bill would break the first rule of any legislation related to housing — that is, to do no harm to the greatest housing system in the world.’ He said the bill ‘presents the potential for a burdensome regulatory process that could lead to less consumer choice, reduced availability of financing and higher prices for home purchases and multi-family construction.’ What Davis didn’t say is that Fannie Mae and Freddie Mae are both members of his alliance, which also includes the National Association of Home Builders and National Association of Real Estate Brokers. Baker, chairman of the House Capital Markets, Insurance and Government Sponsored Enterprises Subcommittee, has said that Fannie Mae and Freddie Mac have gotten so big, and have piled up so much debt, that more oversight is needed. If either of them failed, it could do major damage to the U.S. economy, he said.” [Times Picayune, 4/15/01]

19 McCain Fundraisers & Advisers Lobbied For Fannie Mae Or Freddie Mac. Nineteen McCain advisers and fundraisers lobbied for Fannie Mae and Freddie Mac.

Six of his advisers and fundraisers lobbied for Freddie Mac including:

·         McCain’s Current Chief of Staff Mark Buse,

·         top McCain adviser Charles Black,

·         Carlos Bonilla,

·         Al D’Amato,

·         Juleanna Glover Weiss

·         Susan Molinari.

Thirteen of them lobbied for Fannie Mae including:

·         McCain’s Congressional Liaison John Green,

·         Head of VP Search Team AB Culvahouse,

·         Wayne Berman,

·         Kirk Blalock,

·         Alberto Cardenas,

·         Kirsten Chadwick,

·         Richard Holht,

·         Kate Hull,

·         Aleix Jarvis,

·         Tom Loeffler,

·         Peter Madigan,

·         Allison McSlarrow

·         Aquiles Suarez. [John McCain.com, Senate Lobbying Disclosures]

McCain Senior Adviser Wayne Berman Continues to Lobby for Fannie Mae. Wayne Berman has lobbied for Fannie Mae and Freddie Mac from 2004 through the 2nd quarter of 2008. Their firm earned over $100,000 from Freddie Mac in 2004 and over $1 million from Fannie Mae. [Senate Lobbying Disclosures]

Head of McCain’s VP Search Team Lobbied for Fannie Mae. McCain tapped Arthur B. Culvahouse Jr., the former Reagan administration official, to head his search for a running mate. Currently a partner at O’Melveny & Myers, Culvahouse lobbied on behalf of Fannie Mae in 1999, 2003 and 2004, according to Senate records. [Politico.com, 7/16/08; Senate Lobbying Disclosures]

Top Adviser Charlie Black Lobbied for 10 Years for Freddie Mac. Black is “one of McCain’s top advisors,” and “at the helm of McCain’s campaign.” Black joined McCain’s campaign of March 2007, but did not stop lobbying until March of 2008.  He is described as, “schooled at the knee of Jesse Helms and so entrenched in the ways of Washington that he has enjoyed access to Republican presidents since Ronald Reagan.” Black lobbied for Freddie Mac from 1999-2004, earning the firm he co-owns $820,000. [The News & Observer (Raleigh, North Carolina), 8/31/08; Senate Lobbying Disclosures]

Former McCain Co-Chair and Current Bundler, Loeffler Lobbied for Fannie Mae.  Loeffler lobbied for Fannie Mae in 1999. His firm earned $40,000 from Fannie Mae that year. [Senate Lobbying Disclosures, 1999; New York Times, 7/16/08; Newsweek, 5/26/08]

Super-Lobbyists Wayne Berman & John Green Serve in High-Level McCain Campaign Positions. In March 2008, the McCain campaign announced that John Green “a founding partner of what is now Ogilvy Government Relations” would take a leave from lobbying to join the campaign full-time as its Capitol Hill liaison. John Green’s colleague Wayne Berman, a Bush “Super Ranger” serves co-chairman of McCain’s national finance committee, as well as the campaign’s vice chairman and as a senior adviser.  Additionally, Berman also handles congressional outreach and “talks to lawmakers on McCain’s behalf.” Berman and Green both lobbied for Fannie Mae from 2004-2007, earning over $1 million from Fannie Mae. They also lobbied for Freddie Mac earning over $100,000 for their firm in 2004. [New York Times, 2/7/08; Financial Times, 11/27/07; Washington Post, 11/20/07; The Hill, 7/19/07; The Politico, 3/4/08; John McCain Supporters, http://www.johnmccain.com/Supporters/ <http://www.johnmccain.com/Supporters/> ; Senate Lobbying Disclosures ]

McCain’s Current Chief of Staff Lobbied for Freddie Mac. McCain’s current Senate Chief of Staff Mark Buse lobbied for Freddie Mac from 2003-2004, earning $460,000. [Senate Lobbying Disclosures]

McCain Getting Economic Advice from Former Fannie & Freddie Directors. McCain’s economic adviser Aquiles Suarez worked as Fannie’s director of government and industry relations. His finance co-chairman Frederic V. Malek is a former Freddie Mac board member. [Politico.com, 7/16/08]

MCCAIN HAS EXTENSIVE TIES TO AIG AS WELL:

McCain Fundraisers, Advisors Include Eight AIG Lobbyists & Executives

*       Edmund Lee, AIG Executive is a bundler
*       Susan Nelson, finance director, was an AIG lobbyist from 2004-2005
*       Wayne Berman, vice-chair, was an AIG lobbyist from 2004-2007
*       John Green, Capitol Hill liaison, was an AIG lobbyist from 2004-2007
*       Bundler James Pitts was an AIG lobbyist from 2006-2007
*       Bundler Tim Powers was an AIG lobbyist in 2001
*       Fundraiser Kate Hull was an AIG lobbyist from 2002-2007
*       Bundler Phil Anderson was an AIG lobbyist from 2006-2007

MCCAIN HAS TAKEN MORE MONEY FROM CORPORATE EXECUTIVES

Wall Street Journal: Corporate Executives “Have Been Key” To McCain’s Rebound On The Fund-Raising Circuit. “Corporate executives, who once discounted John McCain’s campaign, have been key to the Republican presidential nominee’s rebound on the fund-raising circuit, a new analysis of campaign donations shows. Since the 2008 presidential campaign began, Democratic candidate Barack Obama has raised more than double Sen. McCain’s haul and beaten the Arizona Republican in just about every fund-raising category. But in the months after the two started to square off as their parties’ likely nominees, Sen. Obama maintained only a slight financial edge overall, while Sen. McCain claimed the advantage among top industry donors. Sen. McCain’s fund-raising advantage among corporate America is a stark reversal from earlier this year, when he struggled to secure donations from executives. In the Republican primary, many executives backed Massachusetts Gov. Mitt Romney, partly because he is a former businessman and partly because Sen. McCain has long battled with industry as a member of the Senate.” [Wall Street Journal, 9/8/08 <http://online.wsj.com/public/article_print/SB122083596543108777.html> ]

The Top Executives Of American’s Biggest Companies Have Given McCain 10 Times More Than Obama. “The top executives of America’s biggest companies are more willing to open their wallets for John McCain than his Democratic rival, donating 10 times as much to the Arizona senator’s campaign as to Barack Obama’s. Obama’s campaign seized on the findings of The Hill’s review of campaign finance records to suggest that the gap was due to “special favors” McCain has given corporations. The presumptive GOP nominee has received $208,200 from the chief executive officers of the 100 biggest Fortune 500 corporations, according to a review of campaign finance reports. Obama has taken in $20,400 from the same group of people.” [The Hill, 8/15/08 <http://thehill.com/campaign-2008/top-ceos-give-10-times-more-to-mccain-than-to-obama-2008-08-15.html> ]

MCCAIN’S TOP ECONOMIC ADVISER HELPED CREATE THE ECONOMIC SITUATION, LOBBIED AGAINST EFFORTS TO HELP HOMEOWNERS

Gramm Was “Principal Author” Of The 1999 Gramm-Leach-BlileyAct, Breaking Down Walls Between Banking, Insurance, And Securities Firms Erected By Depression-Era Glass-Steagall Act. “Mr. Gramm, a principal author of the 1999 Gramm-Leach-Bliley Act, which broke down the walls between banking, insurance, and securities, left Congress in late 2002 to become vice chairman of UBS Warburg.” [American Banker, 3/11/08]

Critics of Gramm-Leach-Bliley Act Say The Bill Made It Easier For Banks To Push Risky Subprime Mortgages On Lower-Income Customers. “The bank deregulation law, known as the Gramm-Leach-Bliley Act, was the most important update in banking laws since the New Deal. Its most important feature: breaking down walls between commercial banks, investment banks and insurance companies. Gramm’s critics say the deregulation of commercial banks contained in the law made it easier for banks to push risky subprime mortgages on lower-income customers.” [Houston Chronicle (Houston, TX), 6/22/08]

Politico: Gramm Played Large Role in 1990s Housing Deregulation, Influence Seen In McCain’s Housing Policy. According to Politico, McCain advisor Phil Gramm “led the charge in 1999 to repeal a Depression-era banking regulation law” and played a role in the “swift and dramatic recent restructuring of the nation’s investment houses and practices didn’t stop there.” Now, Politico reports, “some housing experts and economists see Gramm’s thinking in the recent housing proposal from McCain, the Republican Party’s presumed presidential nominee” [Politico.com, 3/28/08]

While Shaping McCain’s Economic Policy, Phil Gramm Simultaneously Lobbying Congress on Mortgage Crisis for Swiss Bank UBS. Phil Gramm, vice chairman of Swiss-based UBS and McCain campaign general co-chair and advisor “was being paid by a Swiss bank to lobby Congress about the U.S. mortgage crisis at the same time he was advising McCain about his economic policy, federal records show.” Gramm, who was reported to have been advising McCain on economic policy back in October 2006, “had input on McCain’s March 26 policy speech about the mortgage crisis” which “recommended further deregulation of the banking industry as his response” to the ensuing mortgage meltdown. [MSNBC, 5/27/08]

In 2007, Gramm Lobbied Against (Failed) Measure That Would Have Helped Homeowners Avoid Foreclosure. Federal lobbying disclosure forms “filed by the giant Swiss bank UBS, list McCain’s campaign co-chair, former Texas Sen. Phil Gramm, as a lobbyist dealing specifically with legislation regarding the mortgage crisis as recently as Dec. 31, 2007.” According to UBS’s 2007 year-end report, Gramm “was lobbying the Senate in the second half of 2007 regarding the Helping Families Save Their Homes in Bankruptcy Act.” The legislation which would have allowed “bankruptcy judges rewrite mortgage terms for Americans facing foreclosure so they could repay their loans and keep their homes” was vehemently opposed by the banking industry and eventually failed. [MSNBC, 5/27/08]

Another Election Year, Another State Bar Smear of Andrew Thomas

It’s “Groundhog Day,” Except This Time They Don’t Even Pretend To Be Fair

PHOENIX, ARIZONA. JUNE 17, 2010.  In a situation reminiscent of the movie “Groundhog Day,” former Maricopa County Attorney andRepublican Attorney General candidate Andrew Thomas announced today that for the second consecutive election cycle, the State Bar of Arizona is abusing its powers and violating its own rules to target him in an effort to influence the upcoming election.
In 2008, the State Bar launched 13 investigations of Thomas and his deputies when he was up for reelection as County Attorney.  All of these were eventually dismissed.  But this happened only after the State Bar, for the first time in its history, was forced to appoint an outside investigator to handle the investigations.  Subsequently, the State Bar’s chief bar counsel resigned, and the Arizona Supreme Court completely overhauled the attorney discipline system in Arizona.  Overseen by the state Supreme Court, the State Bar is a liberal organization run largely by attorneys who specialize in representing criminals as well as advocates of illegal immigrants and other liberal social causes.  They also oppose his calls for judicial reform.  Thomas is a well known opponent of illegal immigration and many liberal positions the state bar support.
Many of the same people behind the first wave of frivolous Bar investigations in the 2008 election have reassembled to bring a second round of investigations against Thomas as he runs for Attorney General in 2010.  This time, Thomas is being denied legal counsel to respond to these frivolous complaints, and the appointed investigator does not care.
Earlier this year, Thomas retained the highly-respected Ernest Calderon, former President of the State Bar and a member of the Arizona Board of Regents, to assist him in responding to a plethora of complaints initiated by the State Bar and an association of liberal attorneys for criminals.  These investigations were referred by Supreme Court Chief Justice Rebecca White Berch to Colorado Bar investigator John Gleason.  Subsequently, a Maricopa County agency that reports to County Manager David Smith essentially fired Calderon as Thomas’ attorney.  Smith is one of the individuals who filed a Bar complaint against Thomas. Mr. Calderon’s county contract was terminated without explanation, effective the end of May.  He is widely considered to be one of the most reputable attorneys in Arizona and, politically, shares few of Thomas’ political beliefs.
When informed of this development Gleason agreed in pleadings before Probable Cause Panelist Charles “Bud” Jones to allow Thomas adequate time to retain new counsel and respond to Gleason’s questions.  However, less than two weeks later, Gleason reversed himself and demanded answers from Thomas “immediately.”  In a subsequent telephone conversation, Gleason was asked to explain this abrupt turnaround.  The placeholder attorneys handling the Thomas matters after Calderon’s firing noted the unfairness of allowing “the very party that initiated a substantial number of the allegations and charges against respondents” to terminate Thomas’ counsel.  Gleason hung up the phone on these attorneys.
Also, Gleason has refused to provide Thomas with a copy of the State Bar’s complaint against him. This denial violates the written policies of the State Bar, as stated on the organization’s website, which provide that the attorney shall receive a copy of any complaint before being required to respond.
Recently, counsel for Thomas learned that Gleason and a colleague reportedly stayed for three weeks at the Arizona Biltmore, one of America’s most exclusive resorts, apparently at the expense of the State Bar.  The State Bar is one of the complainants against Thomas, and Ed Novak, former State Bar President and a current prominent official at the State Bar, is an attorney for the County Board of Supervisors and Smith, another complainant against Thomas.  Despite these conflicts of interest, Gleason has stated he intended to interview 75-100 people—all apparently critics of Thomas—during his luxurious stay in the Valley.  Such activity as part of a Bar “screening investigation,” so described by Gleason, apparently has no precedent.
Like State Bar counsel in 2008, Gleason has demanded answers regarding numerous frivolous matters, including some already investigated and dismissed by the State Bar in 2008.  Now, employees for one of the complainants have denied Thomas counsel to assist him in responding to these questions.  Likewise, Thomas cannot properly appeal the matter to the Supreme Court for lack of effective assistance of counsel.
The apparent motivation for Gleason’s rushing the investigations is to influence the 2010 election for Attorney General—by leveling public allegations against Thomas’ ethics, allegations to which he cannot even properly respond.
“Well, it’s Groundhog Day, again,” said Thomas.  “Another election year means another State Bar smear.  And this time they don’t even pretend to give due process.”
He added, “This rush to judgment by the State Bar and Gleason to affect an election is outrageous.  This is the second time this has happened in as many election cycles and shows a clear need for complete reform of the system.”
A former State Bar President and Probable Cause Panelist for the Bar, Calderon has stated in pleadings that these events are denying Thomas due process of law in violation of the Constitution.
Thomas has promised to pursue judicial and State Bar reform if elected Attorney General to improve the accountability to the public of judges and attorneys.  Thomas has stated that the State Bar, an arm of the state judiciary, targets critics of the judiciary and supports liberal causes with mandatory attorney’s fees, abuses he says he will seek to end.

 

Paid for by Thomas for AG

AZ Police Association Endorses Andrew Thomas For Attorney General

The Arizona Police Association Endorses Arizona’s Tough on Crime AG Candidate Andrew Thomas

PHOENIX, AZ. June 16, 2010:  The Arizona Police Association (APA) announced its endorsement of Andrew Thomas for Arizona Attorney General in a statement today.  APA is the professional group that works to provide a voice for law enforcement throughout Arizona.  It counts nearly 9,000 officers among its ranks.
Brian Livingston the Executive Director of the APA said in  the statement, “The association recognizes Mr. Thomas’ unwavering support for the law enforcement community as a whole, his experience in the realm of criminal and civil prosecutions and his willingness to address issues that have long been ignored by others in seeking prosecutorial office.”
Thomas has also been endorsed by other notable Arizona law enforcement leaders including Yavapai County Sheriff Steve Waugh, Mohave County Attorney Matthew Smith, Mohave County Sheriff Tom Sheahan, Pinal County Sheriff Paul Babeu, Cochise County Sheriff Larry Dever and Maricopa County Sheriff Joe Arpaio.  Former Arizona Attorney General and NRA President Bob Corbin, the Phoenix Law Enforcement Association, National Border Patrol Council, Local 2544 and Arizona Right to Life have endorsed Thomas as well.
During Thomas’ time in office, crime rates plummeted.  The 19 percent drop is more than twice the national rate of decline, in despite of an 11 percent increase in the county’s population during that time.  The illegal immigrant population has dropped by anywhere from 18 percent (Dept. of Homeland Security estimate) to 30 percent (Center for Immigration Studies estimate). Like the fall in crime rates, this dramatic decline in illegal immigration is far greater than the average in the rest of the nation.
Thomas has a track record of successfully defending illegal immigration crackdowns in our courts, including his successful efforts to prosecute illegal immigrants for conspiring to violate the state’s human-smuggling law and to defend Prop 200′s voter ID requirements and the employer-sanctions law, which he defended along with the Attorney General’s Office.
If elected Attorney General Thomas has pledged to expand that office’s prosecutions of illegal immigrants under the state’s human smuggling laws. The office is not currently pursuing such prosecutions.
Thomas is married with four children.  He is a graduate of Harvard Law School.  Prior to serving as Maricopa County Attorney, Thomas served as an assistant attorney general for Arizona, deputy counsel and criminal justice policy advisor to the Governor, special assistant to the Director of the Arizona Department of Corrections, and a deputy county attorney.
To schedule an interview please contact Jason Rose.  For more information about Andrew Thomas, please go to www.ThomasforArizona.com.

 

PAID FOR BY THOMAS FOR AG

Democrats raising money for liberal Republican County Attorney Rick Romley

A m e r i c a n  P o s t – G a z e t t e

Distributed by C O M M O N  S E N S E , in Arizona

Tuesday, June 15, 2010

 



 

REPUBLICANACTIONALERT!


Republicans are urged to act to stop Democrats from influencing the Republican Primary for County Attorney.  As reported in The Guardian:

 

Instead of running a candidate of their own in this year’s Maricopa County attorney’s race, Democrats are lining up behind Richard Romley, a Republican they see as sympathetic to their cause.

 

Democrats are working hard to raise money for Romley.  As The Guardian states:

 

Last week, for example, a group of attorneys that included prominent Democrats hosted a fundraising dinner for Romley.

 

Between 30 and 40 people attended the event at the University Club in downtown Phoenix, according to several people who attended. David Tierney, one of the sponsors, who describes himself as a liberal Democrat from Boston, says he became a big supporter of Romley’s years ago. . . . About 12 years ago Tierney says he started a group called Democrats for Romley. He said he was “delighted” to hear the Maricopa County Board of Supervisors installed Romley as the interim county attorney last month. . . .

 

Fellow Republicans are urged to help support Bill Montgomery, the only Conservative Republican candidate for Maricopa County Attorney with the leadership and prosecution experience to serve the people of Maricopa County, fight crime and honor victim rights, and protect and strengthen our community.   Offset the support Democrats are giving to Romley by donating to Bill’s campaign.  Donations in the amount of $20, $40, $100 or the maximum of $410 can be made online at: https://www.montgomery2010.com/contribute.asp.

 

Bill is supported and endorsed by Maricopa County Sheriff Joe Arpaio, the Phoenix Law Enforcement Association, and the Arizona Police Association.  Bill is also supported by scores of fellow Republicans, as well as Arizona Right to Life. An endorsement from the Arizona Citizens Defense League is also forthcoming.

 

Help stop Democrats from influencing our Primary for County Attorney!  Make sure fellow Republicans know about Bill’s candidacy.  Encourage them to learn more at www.MONTGOMERY2010.com and to donate online, as well.

 

Thank you,

 

 

PAID FOR BY MONTGOMERY FOR COUNTY ATTORNEY


Endorsement from Senator Russell Pearce:

I fully endorse Bill Montgomery.  What a great Patriot. Raised in East L.A. by a single Mom, graduate of West Point, veteran of combat, made it on his own.  Support SB1070 completely and the rule of law.  Pro Life, Pro 2nd Amendment, endorsed by law enforcement and most Constitutional Conservatives.  He is exactly what we need.  The alternative is not good for us who believe in the rule of law and strong moral leaders in positions of leadership.

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Arpaio and Thomas announce plan to reform judiciary

In an effort to ensure better accountability and meaningful elections for members of the Arizona judiciary, former Maricopa County Attorney and Attorney General candidate Andrew Thomas announced today a plan that would require real elections of judges as well as other reforms.

Read the full plan here.

Tempe Tattoo Studio Lawsuit Settled

Goldwater Institute News Release

PHOENIX – After a three-year legal battle, Tom and Elizabeth Preston soon will be able to open Body Accents Tattoo and Piercing Studio in Tempe.

The Prestons have settled their lawsuit against Tempe which challenged the City’s refusal to allow the couple to open a tattoo studio near Scottsdale and Curry Roads. Both sides have agreed to dismiss their appeals of a 2009 trial court ruling. Maricopa County Judge Robert H. Oberbillig ruled the City’s revocation of the Prestons’ operating permit was arbitrary and capricious, and ordered Tempe to restore the permit. But Judge Oberbillig determined the Prestons shouldn’t receive monetary damages for more than $20,000 that they had invested in the business before Tempe revoked their permit.

“This lifts such a weight off of our shoulders,” Elizabeth Preston said. “Clearly, we lost money because we couldn’t open the studio three years ago. Now, we can do something that we are passionate about and will allow us to recover our losses in a business that continues to grow.”

“This little studio will be a monument to the triumph of economic freedom,” said Clint Bolick, director of the Goldwater Institute Scharf-Norton Center for Constitutional Litigation, which represented the Prestons. “No business owner should have to endure what the Prestons went through. After the trial court precedent, we hope no one will have to do so again.”

This case protects the fundamental right of anyone to pursue a livelihood and operate a legal business without a local government shutting it down because of personal, negative feelings not based in fact or the law, Mr. Bolick said.
 
The Prestons have owned Virtual Reality, a tattoo studio in Mesa, for 20 years with no complaints filed against them. In 2007, the City of Tempe issued a permit for their new studio, Body Accents. But the City Council rescinded that permit after substantial investment by the Prestons based on the “perception” that the studio would harm the neighborhood.

The Prestons received their Tempe operating permit today and hope to open the Body Accents studio in early August. Mr. Bolick plans to fulfill a vow to get “inked” with his first tattoo when the studio opens.

Read more about this and other Goldwater lawsuits to protect individual rights and keep government within its constitutional limits at www.goldwaterinstitute.org/litigation. The Goldwater Institute is a research and litigation organization whose work is made possible by the generosity of its supporters.