Archive for February, 2013

Flagstaff City Council Says No To Anti NDAA Resolution

February 26, 2013 8 comments

By Elisha Dorfsmith

Despite passionate speeches by nearly a dozen Flagstaff Residents in support of a resolution supporting House Bill 2573 (Liberty Preservation Act), six of seven Flagstaff council members said they were not interested in moving forward.

The proposal for a resolution supporting HB2573 (a bill that protects Arizonans from sections 1021 and 1022 of the NDAA which authorize indefinite detention of American citizens without a trial or formal charges) was brought forward by council member Jeff Oravits. Oravits argued that it is the responsibility of the council to defend the basic Constitutional rights of Flagstaff residents.

Council member Celia Barotz said she needed more time to read HB2573 before she could support a resolution. Council member Coral Evans said that she was not convinced that sections 1021 and 1022 of the NDAA were as bad as HB2573 made them out to be. Mayor Jerry Nabours explained that his policy is to not support any resolution ever. He said that rather than pass a resolution, concerned Flagstaff residents should contact their state officials and make their voice heard.

Supporters of the resolution say these resolutions are needed to show the State legislature and Governor Brewer that cities and counties across Arizona believe the State should protect the Constitutional rights of its citizens. The state needs to feel the pressure. In May 2012, Governor Brewer vetoed a similar anti NDAA bill. 

After the discussion, council member Oravits issued the following statement:

“Tonight I brought to Council a Resolution to support Arizona House Bill 2573 which would make it illegal for any Arizona law enforcement official to material support the implementation of sections 1021 and 1022 of the 2012 National Defense Authorization Act, which allows the Federal Government through Executive Order to arrest and detain indefinitely American Citizens on American soil without Due process or trial.

One week after Council voted for a Civil Rights Ordinance, they decided not to allow my Resolution to go to vote.

One of the reasons given, they did not have time to read the 2 page House Bill.

Another reason, they did not have time to read the NDAA, and remember that the House Bill only relates to sections 1021 and 1022 of the NDAA, 1091 words,  just over 2 pages.

I thank everyone who came out tonight to support the Resolution. I am confident this will overwhelmingly pass the Arizona House and I thank Representative Brenda Barton for her leadership on this Bill.”

If you have an opinion about tonight’s decision, you can contact the Flagstaff City Council at:

UPDATE: The City of Flagstaff issued the following statement on their website:

“Due to technical difficulties the first 1 1/2 hour of the work session did not record. We apologize for this inconvenience. Items presented/discussed during this time included: Public Participation, Item 10 and Item 6.”

This means that all of last night’s NDAA discussion in front of the council has vanished from the record.



Oravits Tackles TSA, Homeland Security and Filming Cops

February 25, 2013 1 comment

By Elisha Dorfsmith

Last Thursday, Flagstaff City Council Member Jeff Oravits appeared on Flagstaff Mornings to discuss Civil rights, Constitutional rights, the TSA, Homeland Security, the NDAA and people getting arrested for filming cops.

Some really great discussion worth sharing. Fast forward to 11:04 for the really good stuff.

Action Alert: Help Flagstaff Fight Indefinite Detention In The NDAA

February 22, 2013 2 comments


Support our Constitution and Civil Liberties this Tuesday, February 26 at City Hall.

SUPPORT A RESOLUTION BY THE FLAGSTAFF CITY COUNCIL supporting AZ House Bill 2573, which would stop state agencies from participating in indefinite detention of US Citizens without trial or due process.

Come to the meeting at 6:00 PM, Email or call 928-213-2015

Ask the Flagstaff City Council to support the Resolution supporting Arizona House Bill 2573 and remind them that they each took an oath to defend the Constitution of the United States of America from enemies foreign and domestic when they took office.

If signed into law, HB2573 would ban the state from providing “material support” or participating “in any way” with sections 1021 and 1022 of the 2012 National Defense Authorization Act (NDAA) the sections which purport to authorize indefinite detention and are in effect today.

Sections 1021 and 1022 of the 2012 NDAA as they purport to authorize, 1) detainment of persons captured within the United States of America without charge or trial, 2) military tribunals for persons captured within the United States of America, and 3) the transfer of persons captured within the United States of America to foreign jurisdictions.

This clearly violates the following rights enshrined in the Constitution of the United States of America;

Article I Section 9, Clause 2’s right to seek Writ of Habeas Corpus;
The First Amendment’s right to petition the Government for a redress of grievances;
The Fourth Amendment’s right to be free from unreasonable searches and seizures;
The Fifth Amendment’s right to be free from charge for an infamous or capitol crime until presentment or indictment by a Grand Jury;
The Fifth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;
The Sixth Amendment’s right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the State and District where the crime shall have been committed;
The Sixth Amendment’s right to be informed of the nature and cause of the accusation;
The Sixth Amendment’s right confront witnesses;
The Sixth Amendment’s right to Counsel;
The Eighth Amendment’s right to be free from excessive bail and fines, and cruel and unusual punishment;
The Fourteenth Amendment’s right to be free from deprivation of life, liberty, or property, without Due Process of law;


Come to the meeting at 6:00 PM, Email or call 928-213-2015

Ask the Flagstaff City Council to support the Resolution supporting Arizona House Bill 2573 and remind them that they each took an oath to defend the Constitution of the United States of America from enemies foreign and domestic when they took office.

For more info on House Bill 2573, please see:


AZ Bill Would Force Teachers To Report “Potentially Dangerous Students” To Police

February 21, 2013 8 comments

By Elisha Dorfsmith

A bill requiring teachers and health workers to report “potentially dangerous students” to police was approved by a 4-3 vote in the AZ House Public Safety, Military and Regulatory Affairs Committee yesterday.

HB2555 would require teachers and health workers who have reasonable cause to believe a client or student is a danger to themselves or others to report that person to the police. Once the police are called, they will get to decide if the child is a danger to self or others and if they think he/ she has any mental health issues.

Arrested students could be court-ordered into treatment.

Critics of the bill argued that it could require teachers to report students for throwing rocks or fighting on the playground. Representative Eddie Farnsworth of Gilbert said the committee was opening Pandora’s box.

The Department of Health Services will distribute an informational pamphlet to teachers and health workers on what to look out for but ultimately it will be up to the teacher/ health worker to use their own judgement. Since the law requires that a call be made, most teachers and health workers will error on the side of caution because they won’t want anything coming back on them if they somehow miss a dangerous child. Expect the police hotline to be buzzing!

The committee also approved HB2618 which would train police officers to recognize mental illness and potentially violent persons before they actually commit a crime.

Both bills will be scheduled for a full vote soon.

Insane bills like these are just more proof that politicians are potentially dangerous and may have “mental health” issues. Maybe we need a bill that requires teachers and health workers to report potentially dangerous politicians to the police?


Flagstaff Civil Rights Ordinance Passes Unanimously

February 19, 2013 4 comments

By Elisha Dorfsmith

Tonight Flagstaff’s “conservative” leaning council accomplished something previous self proclaimed “progressive” leaning councils could not accomplish…working toward a compromise and ultimately passing a “gay civil rights ordinance”.

The February 19th council meeting was packed with about 100 supporters of the ordinance and a small handful of residents who were opposed. Among the speakers asking for passage was former Coconino County Republican Party officer Gary Robbins who was also a candidate for Superior Court judge last year. Robbins said that the ordinance is a well written document and as an attorney he could find no problem with the language.

When council voted and the ordinance passed unanimously, there was temporary stunned silence before the crowd burst into applause. Many attendees expected Mayor Jerry Nabours to vote no based on rumors flying around on social networking sites and blogs in the local paper.

Some advocates for the ordinance had complained that Nabours and other council members were spending too much time focusing on the details and wording. They accused the council of stalling for time. Truth is, a good lawmaker reads and works out problems in a law before passing it.

The council members who should be criticized are the ones who wanted to force through the first draft a few weeks ago and work out the bugs later. Some of those “bugs” were blatant violations of Constitutionally protected rights (Fourth Amendment) and even City staff admitted it was illegal (allowing city officials to come on to your property to search your premises and go through documents without a warrant).

Council members who caught that flaw in the ordinance and demanded changes should be praised rather than attacked for “stalling” for selfish reasons.

Regardless of if you love or hate this ordinance, one thing is very clear. The “conservative” leaning members of the council proved tonight that they are willing to work toward a compromise on controversial social policy.

I wonder if we can expect the more liberal leaning members of the council to show the same courtesy and work toward similar compromises on controversial fiscal issues?

Oravits Says No To Homeland Security Money For TSA

February 19, 2013 5 comments

By Elisha Dorfsmith

At the February 19th Flagstaff City Council meeting, Council Member Jeff Oravits was the lone no vote on a homeland security grant to back up TSA security at Pulliam Airport. Oravits said he could not support the grant because he does not support the TSA and their history of civil rights violations.

The grant was approved by a vote of 6-1.


TSA feels up a young child in the name of security.

School Mobile Dental Units Subject Of New Bill

February 15, 2013 2 comments

By Elisha Dorfsmith

Longtime readers of my blog will remember when I spent a full year railing against the potential problems of mobile health vans at Flagstaff schools. FUSD board members and North Country Healthcare employees were a bit irritated at my constant questions and went out of their way to assure me and the public that parental permission would be secured before any child was treated.  Turns out, their idea of permission was a blanket permission slip filled out for each child at the beginning of the school year.

Now it seems others are realizing that there is a problem with mobile health and in particular  mobile dental units. State Rep. Doris Goodale of Kingman has proposed a bill (HB2426) which would guarantee parental notification for  “irreversible” procedures such as root canals or crowns.

The fact that they need a bill to address this problem only validates the concerns I had in all of my articles protesting the mobile health van at FUSD schools. Verified permission should already be common policy for districts and should be required for more than just dental work.

For further reading see:

Capital Grant Approved For Mobile Health Van At FUSD

Will A Mobile Health Van Lead To More Behavioral Drugs?

FUSD Votes To Seek Grant For Mobile Health Van

FUSD Considers School Based Mobile Health Unit

The Big Business Of Obesity

The DSM-V Says Your Kids Have A Behavioral Problem


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