It’s been a while since we last checked in on the campaigning around the Arizona Coyotes‘ proposal for a new arena in Tempe, which goes to a public vote on May 16, though early voting begins four weeks before that. And it turns out things have reached the dressing up in top hats stage:
That’s someone from the opposition group Tempe 1st, at a press conference yesterday to decry Coyotes owner Alex Meruelo’s pitch for a $2 billion arena district that would, they say:
- Cost the public $500 million in tax breaks and nearly $250 million in diverted sales taxes. (That’s the cumulative total over 30 years; in present-day dollars, the cost would be probably more like $520 million.)
- Increase water use at a time when Arizona is already running out of water during an ongoing megadrought.
- Threaten to gentrify surrounding areas, raising housing costs for Arizona State University students, among others. (The group Asian American Native Hawaiian Pacific Islanders for Equity made comparisons to the proposed Philadelphia 76ers arena, which is being opposed by residents of that city’s Chinatown for similar reasons.)
- Increase traffic, endangering “little kids playing here in the streets.”
The demonstrators held signs reading “No Handouts for Corrupt Billionaires,” which would be unremarkable campaign rhetoric except for the fact that Meruelo’s campaign group, Tempe Wins, sent a cease and desist letter last week to Tempe 1st demanding that they stop calling Meruelo “corrupt,” calling that “misinformation.” The letter didn’t comment on Tempe 1st also calling Meruelo “deadbeat” for skipping out on rent and tax payments at his former arena in Glendale, as well as calling him “a shady billionaire known for financial malpractice, goon-like business tactics, and overly-leveraged deals” for, well, read the list of charges yourself.
Former Tempe councilmember Lauren Kuby termed the arena battle “David and Goliath,” which given the campaign funding numbers through the end of 2022 — $2,000 for Tempe 1st, $224,000 for Tempe Wins, all of the latter from Meruelo’s company — yep, checks out. There’s been no public polling that I can find on how all this is likely to shake out in terms of votes, but the top hats certainly seem to have garnered plenty of media attention, at least, which is usually half the battle.
Tempe 1st had me until little kids playing in streets. Kids shouldn’t play in the street; I dislike children and don’t want to have to pick them out of my grille.
Meruelo is a public figure, and calling him “corrupt” is an opinion. Any judge would laugh such a suit out of court. I hope AZ has good anti-SLAPP laws.
Oh, they are good.
From the article, Arizona’s New Anti-SLAPP Law Now Covers Right of Speech, Freedom of the Press, Free Association, and Peaceable Assembly
Common scenarios where an anti-SLAPP statute might apply include when individuals or groups find themselves facing a lawsuit following their participation in the democratic process, by some entity or person claiming harm from their democratic participation. For example, a local citizens’ group protesting against neighborhood zoning plans, makes certain statements concerning proponents of the plans, and then subsequently defends against a defamation lawsuit. See also Snell & Wilmer’s Legal Alert (Mar. 24, 2022) for an in-depth explanation of anti-SLAPP statutes, particularly Arizona’s prior version.
https://www.swlaw.com/publications/legal-alerts/arizonas-new-anti-slapp-law-now-covers-right-of-speech-freedom-of-the-press-free-association-and-peaceable-assembly
Funny that the very same Snell & Wilmer, represent the Coyotes organization, and were the ones that initiated the cease and desist letter.
Estoppel is no encumbrance to “chill letters”.
Then again, the letters only really work on people who can’t accurately assess their own risk/liability, so…
Here is more on the Anti-SLAPP stuff.
Anti-SLAPP Happy? Arizona Court of Appeals Extends Anti-SLAPP Statute to Statements Made in Informal Community Meetings
https://www.swlaw.com/publications/legal-alerts/anti-slapp-happy-arizona-court-of-appeals-extends-anti-slapp-statute-to-statements-made-in-informal-community-meetings