Copyright Arizona Capitol Times
Key Points: Scottsdale City Council delays decision on Axon zoning lawsuit Controversial law allows Axon to build headquarters with 1,900 apartments in city Scottsdale Mayor Lisa Borowsky seeks a careful approach to the legal issue The city of Scottsdale is rapidly approaching a court deadline to decide whether to oppose or defend the constitutionality of a law allowing Axon to build its business headquarters in the city. On Nov. 3, the Scottsdale City Council tabled a vote to join a lawsuit filed by Taxpayers Against Awful Apartment Zoning Exemptions (TAAAZE) challenging the legality of a new state law that will allow Axon, the public safety technology company that makes equipment for law enforcement, to build its global headquarters and 1,900 apartment units in the city without public zoning approval. Council members voted unanimously on Nov. 3 to delay the decision to Nov. 17 — the date of the next council meeting — after the parties involved in the lawsuit filed by TAAAZE extended the deadline to join the lawsuit to Nov. 21. TAAAZE’s lawsuit challenges the legality of Senate Bill 1543, which Gov. Katie Hobbs signed earlier this year, to keep the company from relocating to another state. The legislation drew heavy criticism from some lawmakers and many Scottsdale residents who saw it as special legislation crafted to exclusively keep the company in Scottsdale. The law only applies to cities with populations between 200,000 and 500,000, which includes Scottsdale. “If the attraction of international headquarters and their campuses to Arizona is a matter of statewide importance, it is ‘unexplainable’ that the legislation would apply to only some cities, but not others,” according to a court motion from TAAAZE attempting to halt the law from taking effect. The lawsuit notes other prominent cities in the state, including Phoenix, Tucson and Tempe, aren’t covered by the law because their populations are outside the threshold. The 2020 census also lists Mesa’s population as above 500,000. Last year’s City Council approved Axon’s rezoning project planned near Loop 101 and Hayden Road, but a petition drive to stop the project which collected 26,000 signatures, has been rendered moot by the law. Bob Littlefield, chairman of TAAAZE, told the Arizona Capitol Times that the council’s decision on Nov. 3 was just another example of indecision on the council’s position on the law, which he said the city has been doing for months ever since the law went into effect. The council voted in September to authorize the city attorney to file a notice of claim, which would allow the city to reserve the right to challenge the law rather than filing a lawsuit itself, prompting TAAAZE to file its own lawsuit against the state of Arizona and the city of Scottsdale. Scottsdale Mayor Lisa Borowsky, said that “kicking the can down the road” is not her intention. “This is a very complicated legal issue which requires a careful and prudent approach for the benefit of our residents and our taxpayers,” Borowsky said. Littlefield said he believes Borowsky is trying to play nice with Scottsdale residents and Axon, expecting the city to let the deadline pass without deciding to file a counter claim on the lawsuit and join TAAAZE on the litigation due to having “too many questions” about the lawsuit. “Actions speak louder than words,” Littlefield said. “Our lawsuit against the state would be more likely to prevail if the city joins us in the lawsuit. By not joining the lawsuit, Lisa and her allies are making it more likely that Senate Bill 1543 will not be reversed.”
