The Uninvited Ombudsman notes however that:
"Guns Save Lives" Bus-Stop Ads To Remain Censored
TrainMeAZ campaign will appeal
Goldwater Institute attorneys "disappointed" but "confident"
The lowest court to hear the free-speech case against Phoenix, for censoring the "Guns Save Lives" Educate-Your-Kids firearm-safety campaign, has decided against the plaintiff in the case, Alan Korwin and TrainMeAZ, LLC. The TrainMeAZ campaign will proceed with an appeal and Phase II, and is promising news on that soon. You can sign up for bulletins here.
Click the image for full details.
This is the advertising poster the city of Phoenix tore down in the middle of the night.
It was posted under an $11,000 contract at 50 public bus stops in high-traffic locations.
The campaign was financed by civic-minded sponsors in the firearms community,
listed here, take a look.
The court decision was not a total surprise, though the decision itself was something of a stunner. Clint Bolick, the director of The Goldwater Institute's Scharf-Norton Center for Constitutional Litigation is the lead attorney representing TrainMeAZ on the case. Korwin discussed this with him and attorney Christina Sandefur, who has been on the case since it began.
"As expected, the judge ruled against us," Korwin said. "What is shocking is the utterly superficial nature of the ruling -- one of the worst any of us have ever seen, especially with the volume of evidence and complexity of the case. We've been at this now for two years -- hearings, filings, sworn depositions, responses, evidence gathered and submitted. Although we're displeased, our interest is not diminished."
Clint commented, “Given the importance of the legal issues and the extensive evidence showing that the City’s advertising policy is applied in a highly subjective manner, we were disappointed by the cursory decision issued by the trial court. We’re confident that the Court of Appeals will give this case the attention it deserves, and that in the end the plaintiffs’ fundamental First Amendment rights will prevail.”
So here I was all set to bite into the meat of the decision, win or lose, and the decision is so short (five paragraphs) and so devoid of substance that there isn't much to say. Judge Brain concluded that, "... if one where (sic) to carry plaintiffs' arguments to its logical conclusion, Phoenix could only adopt one of two policies: (a) anyone can advertise anything; or (b) no one can advertise anything." It almost sounds like Brain was late for a dinner and didn't bother to read the arguments or the mountain of evidence the case generated.