February 05, 2012 EVENT TIME DATE PLACE Warden Challenge to New Rules of Decorum 5:00 pm February 07,

2012 Tucson City Council Meeting

On January 30, 2012, Tucson Political Activist Roy Warden reported the Tucson City Attorney was trying to pull a fast one to avoid a court ruling on Wardens Special Action, filed on October 12, 2011, challenging the constitutional validity of Tucsons so-called Civility Accord and Rules of Decorum regulating public speech before the Mayor and Council. Warden filed suit consequent to his arrest and removal from the council chambers on September 13, 2012 for stating to the Tucson City Council, in sum and substance: Just how can you expect We the People to be civil to you when you hired former police chief Richard Miranda as Assistant Tucson City Manager just three weeks after paying 1.7 million dollars to settle a federal jury verdict finding, amongst other things, that Miranda had lied under oath and falsified records, had acted with an evil hand guided by an evil mind and had otherwise committed acts that were so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community when he deprived Dr. Kevin Gilmartin of his contract to provide services to the City of Tucson. Tucson Mayor Bob Walkup found Wardens commentary on September 13, 2011 to be impertinent, slanderous and threatening and thus in violation of the Rules of Decorum for public commentary which had been in effect since 1982. After first submitting an answer to Wardens suit which denied any constitutional violation, the City Attorney filed a Motion to Dismiss on

December 02, 2011. Subsequently, the parties filed a flurry of briefs and motions, after which the Court entertained oral argument on January 23, 2012. On January 23, 2012 the City Attorney, in sum and substance, told the Court: You cant rule on Wardens suit on the old rules, Judge, because were already changing them. Weve got new rules were adopting tomorrow. Then they pulled a fast one, Warden says. In sum and substance, they told the Judge: You cant consider Wardens objections to the new rules either because the issue of the new rules is not before the Court. In his January 30, 2012 article Warden called the City Attorneys argument to be sleight of hand, trickery, or legal mumbo-jumbo, and vowed to keep them in court as long as it takes to protect the publics right to challenge the rectitude of government and to get this issue resolved. It looks like Warden may get the ruling he seeks sooner rather than later. On January 31, 2012 Pima County Superior Court Judge Stephen Villarreal issued an Order of the Court which granted Wardens motion to file an additional brief challenging the new Rules of Decorum by February 13, 2012 and ordered the Tucson City to respond by February 26, 2012. The Order stated that the entire matter would be taken under advisement on February 27, 2012, suggesting the Court might rule sometime in early March. In America, We the People still have the right to challenge the rectitude of official conduct, and we still have the power to take public officials to court when they violate clearly established legal standards protecting free speech. Thats Power to the People, Warden said. Thats what the First Amendment is all about. Roy Warden Arizona Common Sense roywarden@hotmail.com