Case: Arizona Broadcasters Association v. Mayes

2:22-cv-01431 | U.S. District Court for the District of Arizona

Filed Date: Aug. 23, 2022

Closed Date: July 21, 2023

Clearinghouse coding complete

Case Summary

This case involved an Arizona statute that criminalized the recording of police officers within eight feet of law enforcement activity after being ordered by law enforcement to stop. On August 23, 2022, the American Civil Liberties Union of Arizona and ten media organizations sued the Attorney General of Arizona, the Maricopa County Attorney, and the Maricopa County Sheriff in the U.S. District Court in the District of Arizona. The plaintiffs alleged violations of the First and Fourteenth Amend…

This case involved an Arizona statute that criminalized the recording of police officers within eight feet of law enforcement activity after being ordered by law enforcement to stop. On August 23, 2022, the American Civil Liberties Union of Arizona and ten media organizations sued the Attorney General of Arizona, the Maricopa County Attorney, and the Maricopa County Sheriff in the U.S. District Court in the District of Arizona. The plaintiffs alleged violations of the First and Fourteenth Amendments pursuant to 42 U.S.C. § 1983. They sought declaratory and injunctive relief. They were represented by private counsel and the ACLU of Arizona.

The plaintiffs alleged First and Fourteenth Amendment violations against Arizona’s HB2319, which made it unlawful for a person to knowingly make a video recording of law enforcement activity if the person making the video recording was within eight feet of the law enforcement activity and had received or previously received a verbal warning from the law enforcement officer. The plaintiffs alleged that video recordings of law enforcement activity were speech and expressive activity related to a matter of public concern, thereby protected by the First Amendment. They alleged that HB2319 violated the First Amendment on its face because it criminalized protected speech based on the content – recording of law enforcement activity. The plaintiffs made the same allegations under the Fourteenth Amendment. Specifically, they alleged that HB2319 was unconstitutionally vague on its face, thus violating the First and Fourteenth Amendments, particularly the due process clause. 

On August 23, 2022, the case was assigned to District Judge John J. Tuchi. 

The plaintiffs filed for a preliminary injunction on August 29, 2022. Scheduled to go into effect on September 24, 2022, the plaintiffs requested that the defendants be enjoined from enforcing HB2319.

On September 2, 2022, Central Arizona NLG, Southern Arizona NLG, Mass Liberation AZ, Poder in Action, and the Electronic Frontier Foundation moved to file an amicus brief, which was granted on September 7, 2022. Similarly, the Associated Press moved to file an amicus brief on September 7, 2022, which was granted the following day. 

Judge Tuchi granted the plaintiffs’ motion for preliminary injunction on September 9, 2022. The court found that the plaintiffs were likely to succeed on the merits, that the plaintiffs would suffer irreparable harm absent an injunction, and that the balance of equities and public interest factors tipped in the plaintiffs’ favor. 626 F.Supp.3d 1102. On the merits, the court found that HB2319 would fail strict scrutiny analysis, because it was not narrowly tailored nor supported by compelling interest and it infringed on the “clearly established” right” to “record law enforcement officers engaged in the exercise of their official duties in public places.” On irreparable harm, the court found that the loss of First Amendment freedoms was “unquestionably” an irreparable injury. And on the balance of equities and public interest factors, the court found injunctive relief would present little to no harm to the defendants and that video recording of police activities played a positive role in society. 

On April 21, 2023, the plaintiffs and the Arizona Attorney General filed a joint status report advising the court that they were seeking an agreement that would terminate the merits portion of the case by May 12, 2023. Given the silence on the matter, on June 16, 2023, Judge Tuchi ordered the parties to meet and confer to then file a joint Status Report by June 23, 2023. 

On July 12, 2023, the plaintiffs and defendants filed a Joint Stipulation Regarding Attorneys’ Fees and Costs. The stipulation stated that the Arizona Attorney General agreed to the plaintiffs’ request for declaratory judgment of unconstitutionality and the permanent injunction against the enforcement of the statute. The stipulation also stated that the plaintiffs would be awarded $69,000 at the conclusion of the litigation.

The Joint Status Report was filed on June 22, 2023. On July 21, 2023, Judge Tuchi ordered a permanent injunction and declaratory relief finding the statute to violate the First Amendment of the U.S. Constitution. The court found that statute imposed a content-based restriction that did not survive strict scrutiny. The court further found that the statute was not a reasonable “time, place, and manner” restriction and did not survive intermediate scrutiny. Judge Tuchi further ordered the Attorney General to pay the plaintiffs $69,000 upon conclusion of the litigation. 

This case is closed.

Summary Authors

Andrew Eslich (1/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64915460/parties/arizona-broadcasters-association-v-mayes/


Judge(s)
Attorney for Plaintiff

Bell, K M (Arizona)

Bhandari, Esha (Arizona)

Bodney, David Jeremy (Arizona)

Attorney for Defendant

Branco, Joseph James (Arizona)

Expert/Monitor/Master/Other

Brizgys, Molly (Arizona)

show all people

Documents in the Clearinghouse

Document
1

2:22-cv-01431

Complaint for Declaratory and Injunctive Relief

Arizona Broadcasters Association v. Brnovich

Aug. 23, 2022

Aug. 23, 2022

Complaint
38

2:22-cv-01431

Order

Arizona Broadcasters Association v. Brnovich

Sept. 8, 2022

Sept. 8, 2022

Order/Opinion
43

2:22-cv-01431

Order

Sept. 9, 2022

Sept. 9, 2022

Order/Opinion

626 F.Supp.3d 1102

62

2:22-cv-01431

Joint Status Report

April 21, 2023

April 21, 2023

Pleading / Motion / Brief
65

2:22-cv-01431

Joint Status Report

June 22, 2023

June 22, 2023

Pleading / Motion / Brief
67

2:22-cv-01431

Joint Stipulation Regarding Attorneys' Fees and Costs

July 12, 2023

July 12, 2023

Pleading / Motion / Brief
69

2:22-cv-01431

Order

July 21, 2023

July 21, 2023

Order/Opinion
68

2:22-cv-01431

Order for Permanent Injunction and Declaratory Judgment; Default Judgment as to County Defendants

July 21, 2023

July 21, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64915460/arizona-broadcasters-association-v-mayes/

Last updated Aug. 10, 2025, 12:42 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21020208 filed by KPNX-TV, Phoenix Newspapers Incorporated, Arizona Newspapers Association, NBCUniversal Media LLC, Scripps Media Incorporated, American Civil Liberties Union of Arizona, National Press Photographers Association, Arizona Broadcasters Association, Fox Television Stations LLC, States Newsroom/Arizona Mirror, Gray Media Group Incorporated. (Kelley, Matthew) (Attachments: # 1 Civil Cover Sheet)(MYE) (Entered: 08/23/2022)

1 Civil Cover Sheet

View on PACER

Aug. 23, 2022

Aug. 23, 2022

Clearinghouse
2

SUMMONS Submitted by American Civil Liberties Union of Arizona, Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, NBCUniversal Media LLC, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror. (Kelley, Matthew) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
3

MOTION for Leave to File Motion Exceeding Page Limit by American Civil Liberties Union of Arizona, Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, NBCUniversal Media LLC, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror. (Kelley, Matthew) (Attachments: # 1 Proposed Order)(MYE) (Entered: 08/23/2022)

1 Proposed Order

View on PACER

Aug. 23, 2022

Aug. 23, 2022

PACER
4

*Filed at 24 per Order 23 *LODGED Proposed MOTION FOR PRELIMINARY INJUNCTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT re: 3 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction and Memorandum in Support. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by American Civil Liberties Union of Arizona, Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, NBCUniversal Media LLC, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror. (Kelley, Matthew) (Attachments: # 1 Affidavit Decl. of M. Osterreicher, # 2 Affidavit Decl. of G. Burton, # 3 Affidavit Decl. of P. Mathews, # 4 Affidavit Decl. of P. Mathews, # 5 Affidavit Decl. of J. Raiford, # 6 Proposed Order, # 7 Proposed Order)(MYE) Modified on 11/29/2022 (REK). (Entered: 08/23/2022)

1 Affidavit Decl. of M. Osterreicher

View on PACER

2 Affidavit Decl. of G. Burton

View on PACER

3 Affidavit Decl. of P. Mathews

View on PACER

4 Affidavit Decl. of P. Mathews

View on PACER

5 Affidavit Decl. of J. Raiford

View on PACER

6 Proposed Order

View on PACER

7 Proposed Order

View on PACER

Aug. 23, 2022

Aug. 23, 2022

PACER
5

Corporate Disclosure Statement by Arizona Broadcasters Association. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
6

Corporate Disclosure Statement by Arizona Newspapers Association. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
7

Corporate Disclosure Statement by Fox Television Stations LLC. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
8

Corporate Disclosure Statement by Gray Media Group Incorporated. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

RECAP
9

Corporate Disclosure Statement by KPNX-TV. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
10

Corporate Disclosure Statement by NBCUniversal Media LLC. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
11

Corporate Disclosure Statement by National Press Photographers Association. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
12

Corporate Disclosure Statement by Phoenix Newspapers Incorporated. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
13

Corporate Disclosure Statement by Scripps Media Incorporated. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
14

Corporate Disclosure Statement by States Newsroom/Arizona Mirror. (Kelley, Matthew) (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
15

Filing fee paid, receipt number AAZDC-21020208. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-22-1431-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
16

Summons Issued as to Mark Brnovich, Rachel Mitchell, Paul Penzone, and Maricopa County, Clerk of the Board of Supervisors. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
17

Corporate Disclosure Statement by American Civil Liberties Union of Arizona. (Keenan, Jared) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
18

NOTICE re: Correction of Name of Party by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, NBCUniversal Media LLC, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror re: 1 Complaint, . (Attachments: # 1 Attachment Telemundo of Arizona corporate disclosure)(Kelley, Matthew) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER

Remark: Pro hac vice motion(s) granted for Shreya Tewari, Vera Eidelman on behalf of Plaintiff American Civil Liberties Union of Arizona. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 25, 2022

Aug. 25, 2022

PACER

Remark: Pro hac vice motion(s) granted for Esha Bhandari on behalf of Plaintiff American Civil Liberties Union of Arizona. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 25, 2022

Aug. 25, 2022

PACER
19

Corporate Disclosure Statement by Telemundo of Arizona LLC identifying Corporate Parent Comcast Corporation for Telemundo of Arizona LLC. (Kelley, Matthew) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
20

SERVICE EXECUTED filed by American Civil Liberties Union of Arizona, Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC: Certificate of Service re: Summons; complaint; mot. to exceed page limit and proposed order; mot. for preliminary injunction, supporting declarations, and proposed orders; corporate disclosure statements; notice of correction of name of party; civil cover sheet upon Defendant Mark Brnovich, in his official capacity as Attorney General of Arizona on 08/24/2022. (Kelley, Matthew) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
21

SERVICE EXECUTED filed by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC: Certificate of Service re: summons; complaint; mot. for leave to file excess pages and proposed order; mot. for preliminary injunction, supporting declarations, and proposed orders; corporate disclosures; notice of correction of name of party; civil cover sheet upon Rachel Mitchell, in her official capacity as Maricopa County Attorney on 08/24/2022. (Kelley, Matthew) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
22

SERVICE EXECUTED filed by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC: Certificate of Service re: summons; complaint; mot. for leave to file excess pages and proposed order; mot. for preliminary injunction, supporting declarations, and proposed orders; corporate disclosure statements; notice of correction of name of party; civil cover sheet upon Paul Penzone, in his official capacity as Sheriff of Maricopa County on 08/24/2022. (Kelley, Matthew) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
23

ORDER granting Plaintiffs' Motion to Exceed Page Limitations on their Application for Preliminary Injunction (PI) (Doc. 3 ). The Clerk of Court shall file the 26-page brief and attachments currently lodged at Doc. 4 . IT IS FURTHER ORDERED that Defendants shall file any Response to the Application for Preliminary Injunction (currently Doc. 4 ) no later than 3:00 PM, Arizona time, Monday, September 5, 2022. Like Plaintiffs, Defendants may exceed the 17-page limitation set forth in the Local Rules of Practice for the District of Arizona and file a brief or briefs up to 26 pages in length. IT IS FURTHER ORDERED that Plaintiffs shall file any Reply by 8:00 PM, Arizona time, Wednesday, September 7, 2022. IT IS FURTHER ORDERED setting this matter for in-person oral argument at 9:00 AM, Friday, September 9, 2022. IT IS FURTHER ORDERED that Plaintiffs shall serve a copy of this Order on all Defendants by 5:00 PM, August 29, 2022. Signed by Judge John J Tuchi on 8/29/2022. (WLP) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

PACER
24

MOTION for Preliminary Injunction by American Civil Liberties Union of Arizona, Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC. (Attachments: # 1 Declaration Mickey Osterreicher, # 2 Declaration Greg Burton, # 3 Declaration Phillip Mathews, # 4 Declaration Rick Davis, # 5 Declaration Jacob Raiford, # 6 Proposed Order, # 7 Proposed Order)(WLP) (Entered: 08/29/2022)

1 Declaration Mickey Osterreicher

View on PACER

2 Declaration Greg Burton

View on PACER

3 Declaration Phillip Mathews

View on PACER

4 Declaration Rick Davis

View on PACER

5 Declaration Jacob Raiford

View on PACER

6 Proposed Order

View on RECAP

7 Proposed Order

View on PACER

Aug. 29, 2022

Aug. 29, 2022

RECAP
25

SERVICE EXECUTED filed by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC: Certificate of Service re: Order of Aug. 29, 2022 upon Mark Brnovich, in his official capacity as Attorney General for the State of Arizona on 08/30/2022. (Attachments: # 1 Declaration of Diligence)(Kelley, Matthew) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
26

SERVICE EXECUTED filed by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC: Certificate of Service re: Order of Aug. 29, 2022 upon Paul Penzone, in his official capacity as Maricopa County Sheriff on 08/30/2022. (Attachments: # 1 Declaration of Diligence)(Kelley, Matthew) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
27

SERVICE EXECUTED filed by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC: Declaration of Service re: Order of Aug. 29, 2002 upon Rachel Mitchell, in her official capacity as Maricopa County Attorney on 08/29/2022. (Kelley, Matthew) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
28

NOTICE of Appearance by Brunn Wall Roysden, III on behalf of Mark Brnovich. (Roysden, Brunn) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
29

RESPONSE to Motion re: 24 MOTION for Preliminary Injunction filed by Mark Brnovich. (Roysden, Brunn) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP
30

MOTION to File Amicus Curiae Brief by Central Arizona NLG, Southern Arizona NLG, Mass Liberation AZ, Poder in Action, Electronic Frontier Foundation. (Attachments: # 1 Exhibit Exhibits1-2; Amicus Brief and Proposed Order)(Brody, Kathleen) (Entered: 09/02/2022)

1 Exhibit Exhibits1-2; Amicus Brief and Proposed Order

View on RECAP

Sept. 2, 2022

Sept. 2, 2022

PACER
31

NOTICE OF ATTORNEY APPEARANCE: Joseph I Vigil and Joseph J Branco appearing for Rachel Mitchell, Paul Penzone. [Notice of Appearance for Maricopa County Attorney Rachel Mitchell and Maricopa County Sheriff Paul Penzone]. (Vigil, Joseph) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
32

NOTICE re: Maricopa County Attorney Rachel Mitchell's and Maricopa County Sheriff Paul Penzone's Notice Asserting Their Status as Nominal Defendants by Rachel Mitchell, Paul Penzone . (Vigil, Joseph) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

RECAP
33

ORDER: IT IS HEREBY ORDERED granting the Motion for Leave to file Amicus Brief (Doc. 30 ). IT IS FURTHER ORDERED that the Amicus Parties shall file their Amicus Brief on the docket by 5:00 PM on September 7, 2022. Signed by Judge John J Tuchi on 9/6/2022. (JAMA) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

RECAP

Remark: Pro hac vice motion(s) granted for Adam Daniel Schwartz, Mukund Rathi on behalf of Amicus Parties Central Arizona NLG, Electronic Frontier Foundation, Mass Liberation AZ, Poder in Action, Southern Arizona NLG. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 6, 2022

Sept. 6, 2022

PACER
34

Amicus Curiae APPEARANCE entered by Kathleen E Brody on behalf of Central Arizona NLG, Electronic Frontier Foundation, Mass Liberation AZ, Poder in Action, Southern Arizona NLG. (Brody, Kathleen) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

RECAP
35

ORDER: IT IS ORDERED that counsel for parties who either have declared they take no position with respect to the issuance of the PI or do not oppose its issuance should still plan to attend the September 9th hearing. The Court will have inquiries for all parties' counsel regarding the matter beyond any PI-related issues. Signed by Judge John J Tuchi on 9/6/2022. (JAMA) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

RECAP
36

MOTION to File Amicus Curiae by Associated Press. (Attachments: # 1 Attachment Proposed Amicus Brief, # 2 Proposed Order Proposed Order)(Leslie, Gregg) (Entered: 09/07/2022)

1 Attachment Proposed Amicus Brief

View on RECAP

2 Proposed Order Proposed Order

View on PACER

Sept. 7, 2022

Sept. 7, 2022

PACER
37

REPLY re: 29 Response to Motion, 32 Notice (Other), 24 MOTION for Preliminary Injunction Plaintiffs' Reply to Defendants' Statements of Non-Opposition by Plaintiff American Civil Liberties Union of Arizona. (Attachments: # 1 Exhibit 1 - US v. Municipality of Penn Hills)(Keenan, Jared) (Entered: 09/07/2022)

1 Exhibit 1 - US v. Municipality of Penn Hills

View on PACER

Sept. 7, 2022

Sept. 7, 2022

RECAP
38

ORDER: IT IS HEREBY ORDERED granting "The Associated Press' Motion for Leave to File Amicus Brief in Support of Plaintiffs' Motion for Preliminary Injunction (Doc. 24 )" (Doc. 36 ). IT IS FURTHER ORDERED that the Associated Press shall file their Amicus Brief on the docket by 5:00 PM on September 8, 2022. Signed by Judge John J Tuchi on 9/8/2022. (JAMA) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

Clearinghouse
39

NOTICE of Appearance by Gregg Paul Leslie on behalf of Associated Press. (Leslie, Gregg) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
40

BRIEF AMICUS CURIAE by Amicus Associated Press. (Leslie, Gregg) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

RECAP
41

*(AMENDED by Doc. 42 )*MINUTE ENTRY for proceedings held before Judge John J Tuchi: Oral Argument held on 9/9/2022. Order to follow. APPEARANCES: K M Bell, Jared Keenan, Benjamin Rundall, Matthew Kelley and Kennison Lay for Plaintiffs. Brunn Roysden, III, Joseph Branco and Joseph Vigil for Defendants. (Court Reporter Candy Potter.) Hearing held 9:04 AM to 9:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) Modified on 9/9/2022 (JAMA). (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
42

AMENDED MINUTE ENTRY for proceedings held before Judge John J Tuchi: Amending Doc. 41 MINUTE ENTRY for proceedings held before Judge John J Tuchi: Oral Argument held on 9/9/2022. IT IS ORDERED that any motions to intervene are filed by no later than 9/16/2022. Order to follow. APPEARANCES: K M Bell, Jared Keenan, Benjamin Rundall, Matthew Kelley and Kennison Lay for Plaintiffs. Brunn Roysden, III, Joseph Branco and Joseph Vigil for Defendants. (Court Reporter Candy Potter.) Hearing held 9:04 AM to 9:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) Reason for Amendment: To Add in Deadline for Motions to Intervene. (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
43

ORDER: IT IS ORDERED granting Plaintiffs' Motion for Preliminary Injunction (Doc. 24 ). The Court enjoins the enforcement of A.R.S. § 13-3732 pending further order. (See attached Order). Signed by Judge John J Tuchi on 9/9/2022. (JAMA) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

Clearinghouse

In-Court Hearing AND 1 - Common Prompts (Text Only)

Sept. 9, 2022

Sept. 9, 2022

PACER

1 - Common Prompts (Text Only) AND In-Court Hearing

Sept. 9, 2022

Sept. 9, 2022

PACER

Amended Minute Entry

Sept. 9, 2022

Sept. 9, 2022

PACER
44

ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 9/12/2022. (JAMA) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
45

MOTION for Status Conference by Plaintiff American Civil Liberties Union of Arizona. (Bell, K M) Modified to correcet event on 9/29/2022 (WLP). (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

RECAP
46

ORDER: IT IS HEREBY ORDERED granting the Parties' Joint Request for Status Conference (Doc. 45 ). IT IS FURTHER ORDERED setting a telephonic status conference on October 20, 2022, at 10:00 AM (Arizona time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Signed by Judge John J Tuchi on 10/7/2022. (JAMA) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

RECAP
47

NOTICE of Appearance by Robert John Makar on behalf of Mark Brnovich. (Makar, Robert) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

RECAP
48

NOTICE of Attorney Withdrawal of Shreya Tewari filed by Shreya Tewari. (Tewari, Shreya) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

RECAP
49

NOTICE of Attorney Withdrawal Brunn W. Roysden III filed by Robert John Makar. (Makar, Robert) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

RECAP
50

MINUTE ENTRY for proceedings held before Judge John J Tuchi: Status Conference held on 10/20/2022. Discussion held. IT IS ORDERED that defendants answer is due by no later than 5:00 p.m. on 10/24/2022. APPEARANCES: K M Bell, Jared Keenan, Benjamin Rundall, Matthew Kelley and Kennison Lay (telephonic) for Plaintiffs. Telephonic appearance by Robert Makar, Joseph Branco and Joseph Vigil for Defendants. (Court Reporter Teri Veres.) Hearing held 10:12 AM to 10:22 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER

1 - Common Prompts (Text Only) AND ~Util - Set Deadlines AND Status Conference

Oct. 20, 2022

Oct. 20, 2022

PACER

~Util - Set Deadlines AND 1 - Common Prompts (Text Only) AND Status Conference

Oct. 20, 2022

Oct. 20, 2022

PACER

1 - Common Prompts (Text Only) AND Status Conference AND ~Util - Set Deadlines

Oct. 20, 2022

Oct. 20, 2022

PACER
51

ANSWER to 1 Complaint, by Mark Brnovich.(Makar, Robert) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

RECAP
52

ORDER: IT IS ORDERED that the time to file an answer or other responsive pleading as extended by this Court's Order having now elapsed, Plaintiffs shall move the Clerk of Court to enter default as to Defendants Mitchell and Penzone in their official capacities by November 29, 2022, and then timely move the Court for default judgment thereafter as provided by rule. IT IS FURTHER ORDERED that by December 9, 2022, Plaintiffs shall either move the Court for judgment as against Defendant Brnovich in his official capacity pursuant to Fed. R. Civ. P. 12(c) or file a notice indicating that the matter is ready for a Rule 16 Scheduling conference. Signed by Judge John J Tuchi on 11/22/2022. (JAMA) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

RECAP
53

APPLICATION for Entry of Default by Plaintiffs Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC against Rachel Mitchell, in her official capacity as Maricopa County Attorney, and Paul Penzone, in his official capacity as Maricopa County Sheriff. (Attachments: # 1 Affidavit of Matthew E. Kelley, # 2 Exhibit A to Kelley Declaration, # 3 Exhibit B to Kelley Declaration, # 4 Exhibit C to Kelley Declaration, # 5 Exhibit D to Kelley Declaration)(Kelley, Matthew) (Entered: 11/28/2022)

1 Affidavit of Matthew E. Kelley

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2 Exhibit A to Kelley Declaration

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3 Exhibit B to Kelley Declaration

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4 Exhibit C to Kelley Declaration

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5 Exhibit D to Kelley Declaration

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Nov. 28, 2022

Nov. 28, 2022

PACER
54

MOTION for Judgment on the Pleadings Defendant Mark Brnovich, in his official capacity as Attorney General for the State of Arizona by American Civil Liberties Union of Arizona. (Attachments: # 1 Proposed Order)(Bell, K M) (Entered: 11/28/2022)

1 Proposed Order

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Nov. 28, 2022

Nov. 28, 2022

RECAP
55

Clerk's ENTRY OF DEFAULT as to Rachel Mitchell, Paul Penzone. (REK) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

RECAP
56

MOTION for Default Judgment as to Rachel Mitchell, in her official capacity as Maricopa County Attorney, and Paul Penzone, in his official capacity as Maricopa County Sheriff by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC. (Attachments: # 1 Proposed Order)(Kelley, Matthew) (Entered: 12/01/2022)

1 Proposed Order

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Dec. 1, 2022

Dec. 1, 2022

PACER
57

RESPONSE in Opposition re: 54 MOTION for Judgment on the Pleadings Defendant Mark Brnovich, in his official capacity as Attorney General for the State of Arizona filed by Mark Brnovich. (Makar, Robert) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

RECAP
58

REPLY to Response to Motion re: 54 MOTION for Judgment on the Pleadings Defendant Mark Brnovich, in his official capacity as Attorney General for the State of Arizona filed by Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, KPNX-TV, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC. (Kelley, Matthew) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

PACER
59

NOTICE re: Substitution of Public Officer by Mark Brnovich . (Makar, Robert) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

RECAP
60

NOTICE of Attorney Substitution by Hayleigh Susan Crawford. (Crawford, Hayleigh) (Entered: 03/15/2023)

March 15, 2023

March 15, 2023

PACER
61

ORDER: IT IS ORDERED that counsel for Plaintiffs and Defendant Mayes shall meet and confer and file a status report by April 21, 2023 at 5:00 p.m. (Arizona time). (See attached Order). Signed by Judge John J Tuchi on 4/11/2023. (JAMA) (Entered: 04/11/2023)

April 11, 2023

April 11, 2023

RECAP
62

STATUS REPORT JOINT by American Civil Liberties Union of Arizona. (Bell, K M) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

Clearinghouse
63

NOTICE of Attorney Withdrawal Benjamin L. Rundall filed by Jared G Keenan. (Keenan, Jared) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

RECAP
64

ORDER. In their April 21, 2023 Status Report, Plaintiffs and the Arizona Attorney General advised they were "endeavoring to enter into an agreement or resolution that would terminate the merits portion of the case" and that they "expect this to be completed by May 12, 2023." Doc. 62 . The parties have been silent since. IT IS ORDERED directing Plaintiffs and the Attorney General to meet, confer and file a Joint Status Report by June 23, 2023. Signed by Judge John J Tuchi on 6/16/2023. (KFZ) (Entered: 06/16/2023)

June 16, 2023

June 16, 2023

RECAP
65

STATUS REPORT by Kris Mayes. (Crawford, Hayleigh) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

Clearinghouse
66

STIPULATION REGARDING ENTRY OF PERMANENT INJUNCTION AND DECLARATORY JUDGMENT by Kris Mayes. (Attachments: # 1 Proposed Order for Injunctive and Declaratory Relief)(Crawford, Hayleigh) (Entered: 07/12/2023)

1 Proposed Order for Injunctive and Declaratory Relief

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July 12, 2023

July 12, 2023

PACER
67

STIPULATION Regarding Attorneys' Fees and Costs by American Civil Liberties Union of Arizona, Arizona Broadcasters Association, Arizona Newspapers Association, Fox Television Stations LLC, Gray Media Group Incorporated, National Press Photographers Association, Phoenix Newspapers Incorporated, Scripps Media Incorporated, States Newsroom/Arizona Mirror, Telemundo of Arizona LLC. (Attachments: # 1 Proposed Order)(Kelley, Matthew) (Entered: 07/12/2023)

1 Proposed Order

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July 12, 2023

July 12, 2023

Clearinghouse
68

ORDER FOR PERMANENT INJUNCTION AND DECLARATORY JUDGMENT; DEFAULT JUDGMENT AS TO COUNTY DEFENDANTS - IT IS FURTHER ORDERED granting Plaintiffs' Motion for Default Judgment against Defendants Rachel Mitchell, in her official capacity as Maricopa County Attorney, and Paul Penzone, in his official capacity as Maricopa County Sheriff (Doc. 56 ). IT IS FURTHER ORDERED granting the Stipulation Regarding Entry of Permanent Injunction and Declaratory Judgment (Doc. 66 ). IT IS FURTHER ORDERED denying as moot Plaintiffs' Motion for Judgment on the Pleadings against Defendant Kristin K. Mayes, in her official capacity as Attorney General for the State of Arizona (Doc. 54 ). IT IS FURTHER ORDERED directing the Clerk to close this matter. See document for complete details. Signed by Judge John J Tuchi on 7/21/2023. (WLP) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

RECAP
69

ORDER - IT IS HEREBY ORDERED Defendant Kris Mayes, in her official capacity of Attorney General for the State of Arizona, shall pay Plaintiffs the total sum of $69,000.00 at the conclusion of this litigation. Of that total, $23,000.00 shall be paid to Plaintiff ACLU of Arizona and $46,000 shall be paid to the News Media Plaintiffs in care of their attorneys, Ballard Spahr LLP. Such payment shall be in full settlement of any claims by Plaintiffs for attorneys' fees and costs in this matter. Signed by Judge John J Tuchi on 7/21/2023. (WLP) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Speech and Religious Freedom

Policing

Key Dates

Filing Date: Aug. 23, 2022

Closing Date: July 21, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Multiple Arizona broadcast media association and non-profit organizations.

Plaintiff Type(s):

Public (for-profit) corporation

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arizona, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $69,000

Order Duration: 2023 - None