2024-11-04T15:12:51-06:00 2023-12-31 341884125 CBIZ ADVISORS LLC 4722 N 24TH ST STE 300 PHOENIX AZ 85016 990 2023-01-01 860597661 BARRY GOLDWATER INSTITUTE FOR PUBLIC POLICY RESEARCH BARR 6024625000 500 EAST CORONADO ROAD PHOENIX AZ 85004 VICTOR RICHES PRESIDENT/CEO 6024625000 2024-11-01 1 1 KRISTEN M BASS P01247587 6022646835 2024-11-01 2023 2024-10-15 13:58:12Z GOLDWATER INSTITUTE VICTOR RICHES 500 EAST CORONADO ROAD PHOENIX AZ 85004 53775140 0 X WWW.GOLDWATERINSTITUTE.ORG X 1988 AZ THE GOLDWATER INSTITUTE DRIVES RESULTS BY WORKING DAILY IN COURTS, LEGISLATURES, AND COMMUNITIES... THE GOLDWATER INSTITUTE DRIVES RESULTS BY WORKING DAILY IN COURTS, LEGISLATURES, AND COMMUNITIES TO DEFEND AND STRENGTHEN THE FREEDOM GUARANTEED TO ALL AMERICANS IN THE CONSTITUTIONS OF THE UNITED STATES AND ALL FIFTY STATES. 10 10 47 35 0 0 6430311 30730984 0 0 1104769 432348 308152 523039 7843232 31686371 0 0 0 0 3351605 3839047 66540 201804 874526 2088667 3584551 5506812 7625402 2336420 24060969 13772798 38709912 638717 613619 13134081 38096293 X THROUGH RESEARCH, INVESTIGATIONS, STRATEGIC LITIGATION, TESTIMONY, ADVOCACY, AND EDUCATION, THE GOLDWATER INSTITUTE ADVANCES PUBLIC POLICY AND A RULE OF LAW UNDER WHICH INDIVIDUALS CAN SHAPE THEIR OWN DESTINIES AS FREE MEN AND WOMEN. WE HELP CITIZENS UNDERSTAND AND ADOPT POLICIES THAT SUSTAIN AND RESTORE ECONOMIC LIBERTY, EDUCATIONAL FREEDOM, PERSONAL RESPONSIBILITY, AND CONSTITUTIONAL LIMITS ON GOVERNMENT POWER CONSISTENT WITH THE FOUNDING PRINCIPLES OF OUR CONSTITUTIONAL REPUBLIC. WHEN GOVERNMENT OVERSTEPS ITS PROPER BOUNDS, THE GOLDWATER INSTITUTE USES PUBLIC INTEREST LITIGATION TO ENFORCE INDIVIDUAL RIGHTS AND CONSTRAINTS ON GOVERNMENT POWER GUARANTEED BY OUR STATE AND FEDERAL CONSTITUTIONS. 0 0 2223052 POLICY ANALYSIS, RESEARCH AND EDUCATION, EXTERNAL AFFAIRS: THE GOLDWATER INSTITUTE CONDUCTS SCHOLARLY RESEARCH AND IN-DEPTH ANALYSIS OF STATE-LEVEL PUBLIC POLICY ISSUES AND COMMUNICATES THAT RESEARCH TO THE PUBLIC. OUR PRIMARY AREAS OF RESEARCH INCLUDE CONSTITUTIONAL LAW, EDUCATION REFORM, AND HEALTHCARE POLICY. IN 2023, WE DELIVERED 59 PUBLIC SPEECHES, DISTRIBUTED 11 POLICY REPORTS, AND TESTIFIED REGULARLY BEFORE LEGISLATIVE COMMITTEES. IN 2023, WE HAD 42 VICTORIES, WHICH INCLUDED POLICIES ADOPTED BY STATE LEGISLATURES NATIONWIDE AND FINAL DIRECT LITIGATION VICTORIES. TO DATE, GOLDWATER'S UNIVERSAL RECOGNITION REFORM IS LAW IN HALF THE STATES. THE REFORM ALLOWS WORKERS LICENSED IN ONE STATE TO CONTINUE WORKING WHEN THEY MOVE TO A NEW STATE, WITHOUT HAVING TO SPEND TIME AND MONEY GETTING ANOTHER LICENSE TO DO THE SAME JOB. OTHER VICTORIES INCLUDE STATE LAWS THAT: EMPOWER FAMILIES WITH GREATER EDUCATIONAL OPTIONS THAT FIT THEIR CHILDREN'S UNIQUE NEEDS (20 STATES HAVE APPROVED PROGRAMS BASED ON GOLDWATER'S EDUCATION SAVINGS ACCOUNTS); RESTORE PUBLIC UNIVERSITIES TO THEIR ORIGINAL PURPOSE WHILE CRACKING DOWN ON IDEOLOGICAL DOGMATISM AND RACE-BASED PREFERENCES; END JUDICIAL DEFERENCE TO ADMINISTRATIVE AGENCIES AND BUREAUCRACIES AND PROVIDE MORE PROTECTIONS FOR THE RIGHT TO EARN A LIVING; AND SAFEGUARD PATIENTS' RIGHT TO TRY CUTTING-EDGE, INDIVIDUALIZED TREATMENTS (THE INSTITUTE'S ORIGINAL RIGHT TO TRY BECAME LAW IN 41 STATES BEFORE BEING SIGNED INTO FEDERAL LAW, AND 6 STATES HAVE ALREADY ADOPTED THE INSTITUTE'S EXPANSION). THIS WORK WAS SUPPORTED IN PART THROUGH OUR RONALD REAGAN FELLOWS PROGRAM, WHICH DEVELOPS YOUNG TALENT BY TEACHING AND EMPLOYING 15 INTERNS AND LAW CLERKS. 1640109 PUBLIC INTEREST LITIGATION: THE GOLDWATER INSTITUTE LITIGATES CONSTITUTIONAL ISSUES OF CONCERN TO THE PUBLIC, PARTICULARLY UNDER THE STATE CONSTITUTIONS, ON BEHALF OF AMERICANS WHO WOULD NOT BE IN A POSITION TO DEFEND AGAINST THE HEAVY HAND OF GOVERNMENT WITHOUT ASSISTANCE OR EXPERTISE. WE DEFEND TAXPAYER AND PROPERTY RIGHTS, FREE SPEECH AND FREE ENTERPRISE, AND EDUCATIONAL CHOICE. WE ENFORCE CONSTITUTIONAL LIMITS ON GOVERNMENT POWER. OUR CASES SEEK TO SET BROAD LEGAL PRECEDENTS TO PROTECT THE FREEDOMS OF OUR CLIENTS AND ALL AMERICANS. THE GOLDWATER INSTITUTE ALSO MANAGES A SUCCESSFUL "LITIGATION BY LETTERHEAD" EFFORT, WHERE WE INDUCE GOVERNMENT TO CEASE UNLAWFUL ACTIONS BY PROVIDING THEM WITH INFORMATION BY LETTER, WITHOUT HAVING TO GO TO COURT. IN 2023, OUR ACTIVE CASELOAD AVERAGED 32, AND WE ADVANCED CUTTING-EDGE LEGAL SCHOLARSHIP IN THE COURTS BY FILING 13 AMICUS CURIAE ("FRIEND OF THE COURT") BRIEFS. WE WON 31 LEGAL VICTORIES THROUGH DIRECT LITIGATION AND BY FILING AMICUS BRIEFS. 2417488 COMMUNICATIONS: IN 2023, THE GOLDWATER INSTITUTE CONTINUED TO CAPTURE NATIONAL MEDIA ATTENTION WITH INTERVIEWS AND NEWS REPORTS ABOUT ITS SUCCESSFUL EFFORTS TO DEFEND INDIVIDUAL LIBERTIES.THE GOLDWATER INSTITUTE'S MEDIA RELATIONS EFFORTS ARE BUILT ON A MULTI-LEVEL STRATEGIC APPROACH THAT HARNESSES THE POWER OF ITS IN-HOUSE DIGITAL PLATFORMS, THE REACH OF TRADITIONAL MEDIA, AND THE VIRALITY OF SOCIAL MEDIA TO REACH AUDIENCES ACROSS THE COUNTRY. THE RESULTS ARE SEEN BY COUNTLESS AMERICANS ON THE PAGES OF THE NATION'S MOST NOTABLE NEWSPAPERS AND MOST-WATCHED NEWS NETWORKS.GOLDWATER INSTITUTE EXPERTS AND CLIENTS PUBLISHED 83 OP-EDS AND LETTERS TO THE EDITOR IN 2023, IN OUTLETS THAT INCLUDED FOX NEWS, NATIONAL REVIEW, THE WASHINGTON TIMES, THE WASHINGTON EXAMINER, THE FEDERALIST, THE EPOCH TIMES, THE NEW YORK POST, STARS AND STRIPES, TOWNHALL, THE ORANGE COUNTY REGISTER, THE ARIZONA REPUBLIC, AND THE ARIZONA CAPITOL TIMES, WHOSE COMBINED ONLINE CIRCULATION EXCEEDS 180 MILLION READERS. OUR EXPERTS WERE ALSO A REGULAR PRESENCE ON NATIONAL CABLE TV NEWS NETWORKS, NATIONALLY SYNDICATED RADIO SHOWS, AND LOCAL BROADCAST TV AND RADIO, HELPING TO SHARE GOLDWATER'S WORK WITH AN EVEN WIDER AUDIENCE. ALL TOLD, THE GOLDWATER INSTITUTE HAD 24 APPEARANCES ON NATIONAL TELEVISION, INCLUDING ON: ABC NEWS; DR. PHIL; FOX NEWS PROGRAMS LIKE THE INGRAHAM ANGLE, JESSE WATTERS PRIMETIME, FOX & FRIENDS, AND AMERICA REPORTS; THE FOX BUSINESS PROGRAM VARNEY & CO.; AND MULTIPLE SHOWS ON BOTH NEWSMAX AND THE SALEM NEWS CHANNEL. GOLDWATER INSTITUTE EXPERTS AND CLIENTS MADE MORE THAN 100 APPEARANCES ON LOCAL AND NATIONAL RADIO AND PODCAST SHOWS, AND THE GOLDWATER INSTITUTE GARNERED MORE THAN 6,100 MENTIONS IN TRADITIONAL (PRINT, RADIO, TELEVISION, AND ONLINE) AND SOCIAL MEDIA OUTLETS.THE GOLDWATER INSTITUTE DOES NOT JUST RELY ON OUTSIDE MEDIA OUTLETS TO DISSEMINATE ITS MESSAGE. IN 2023, THE GOLDWATER INSTITUTE LEVERAGED THE POWER OF SOCIAL MEDIA TO ENGAGE AUDIENCES AND COMMUNICATE ITS MESSAGE, INCLUDING ON FACEBOOK, LINKEDIN, X, INSTAGRAM, AND YOUTUBE. THE GOLDWATER INSTITUTE SHARED ORIGINAL ARTICLES, BLOG POSTS, INVESTIGATIVE REPORTS, LEGAL AND POLICY RESEARCH, GRAPHICS, AND GOLDWATER INSTITUTE-PRODUCED VIDEOS ON ALL PLATFORMS. WE ALSO LAUNCHED OUR INSTAGRAM ACCOUNT IN 2023 AND SURPASSED 6 MILLION IMPRESSIONS, WITH AN AVERAGE REACH OF 19,904 UNIQUE ACCOUNTS THAT VIEWED ITS POSTS. THE GOLDWATER INSTITUTE'S FACEBOOK ACCOUNT RECEIVED OVER 500,000 IMPRESSIONS, AND ITS X ACCOUNT SURPASSED 530,000 IMPRESSIONS. ON YOUTUBE, THE GOLDWATER INSTITUTE'S VIDEOS RECEIVED OVER 1.1 MILLION VIEWS IN 2023, INCLUDING OUR FOUNDATIONS OF FREEDOM VIDEO SERIES, WHICH DISCUSSED TOPICS INCLUDING PROPERTY RIGHTS, FREE SPEECH, AND EQUALITY. 6280649 1 1 0 1 0 0 0 0 0 1 1 0 0 0 1 1 0 1 0 0 0 0 0 1 1 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 1 0 0 0 0 1 28 0 1 47 1 0 0 0 0 0 1 1 0 0 0 0 0 0 X 10 10 1 0 0 0 1 1 0 1 1 0 1 1 1 1 1 1 1 1 1 1 0 AL AK AR CA CO CT FL GA HI IL KS KY MD MA MI MN MS MT NH NJ NM NY NC OH OK OR PA RI SC TN UT VT VA WV WI X X ROGER ZETAH 6024625000 500 E CORONADO ROAD PHOENIX AZ 850041543 ERIC CROWN CHAIRMAN 5.00 X X 0 0 0 BARRY GOLDWATER JR DIRECTOR 4.00 X 0 0 0 RANDY P KENDRICK DIRECTOR 0.50 X 0 0 0 JOHN COTTON DIRECTOR 3.00 X 0 0 0 CHRISTOPHER GLEASON VICE CHAIRMAN 1.00 X X 0 0 0 GROVER NORQUIST DIRECTOR 0.50 X 0 0 0 CHARLES LAWRENCE TREASURER 0.50 X X 0 0 0 TOM HATTEN DIRECTOR 0.50 X 0 0 0 DOUGLAS DUCEY DIRECTOR 0.50 X 0 0 0 VICTOR RICHES PRESIDENT/CEO 40.00 X 266691 0 11276 ROGER ZETAH CFO/CORP SECRETARY 40.00 X 104816 0 26501 CHRISTINA SANDEFUR EVP 40.00 X 188111 0 20696 TIMOTHY SANDEFUR VP FOR LITIGATION 40.00 X 209822 0 21606 JONATHAN RICHES VP FOR LITIGATION & GENERAL COUNSEL 40.00 X 180238 0 7704 MICHAEL BROWNFIELD DIRECTOR OF COMMUNICATIONS 40.00 X 143014 0 18797 HEATHER CURRY DIRECTOR OF STRATEGIC ENGAGEMENT 40.00 X 139351 0 16750 SCOTT FREEMAN SENIOR ATTORNEY 40.00 X 127448 0 6124 1359491 0 129454 18 0 1 0 0 337301 30393683 751304 30730984 463984 463984 21998723 22030359 -31636 -31636 -31636 130434 337301 57949 72485 72485 1782 461 1321 1321 VACATED FEES 541900 367714 367714 OTHER INCOME 541900 81519 81519 449233 31686371 1321 0 954066 618092 529992 29537 58563 2727826 2336423 129010 262393 61631 54322 3665 3644 200313 171408 9493 19412 231185 198125 11097 21963 69774 42608 27166 34304 34304 472368 472368 201804 201804 9178 9178 586202 353844 117783 114575 1186221 1168174 18047 305291 279756 1123 24412 63885 56084 2095 5706 87281 72065 4087 11129 153468 117988 1587 33893 105482 100882 2580 2020 134748 111254 6310 17184 41904 41904 DUES AND SUBSCRIPTIONS 135273 89030 22758 23485 LITIGATION CENTER COST 123090 123090 EVENTS 35435 3140 138 32157 BANK & CREDIT CARD FEES 25341 1 6636 18704 15306 95 9776 5435 7625402 6280649 470227 874526 437320 493541 3043261 1229200 118167 749672 40732 47991 4338198 2851361 1400563 1486837 8610868 34605612 121887 97059 13772798 38709912 608886 585576 29831 28043 638717 613619 X 11202241 12650393 1931840 25445900 13134081 38096293 13772798 38709912 24060969 901243 0 X 0 1 X 1 0 X 5504863 5948844 5796880 6430311 30730984 54411882 5504863 5948844 5796880 6430311 30730984 54411882 22717526 31694356 99229 55008 57767 111902 463984 787890 694 35361 31152 15908 449233 532348 55732120 1058607 0.56870 0.92090 X SCHEDULE A, PART II, LINE 10, EXPLANATION OF OTHER INCOME: OTHER INCOME - 2019 AMOUNT: $ 694. 2020 AMOUNT: $ 361. 2021 AMOUNT: $ 1,152. 2022 AMOUNT: $ 15,908. 2023 AMOUNT: $ 81,519. NON REFUNDABLE DEPOSIT - 2020 AMOUNT: $ 35,000. 2021 AMOUNT: $ 30,000. VACATED FEES - 2023 AMOUNT: $ 367,714. SCHEDULE A, PART II, SECTION A, LINE 1: DURING 2023, THE INSTITUTE RECEIVED A SIGNIFICANT CONTRIBUTION FROM ONE DONOR THAT APPROXIMATED 80% OF TOTAL CONTRIBUTIONS. RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 4 472364 472368 7153034 7625402 531270 132818 0 0 351584 382378 425341 531270 1690573 2535860 20055 25731 359479 472368 877633 87896 95595 106335 132818 422644 633966 467 2236 1729 4 4436 1304876 23082703 805968 462025 24731522 1518481 -213605 1304876 1267127 251354 1518481 1169892 97235 1267127 965180 50830 193882 40000 1169892 0.00000 0.03700 0.96300 0 0 189322 189322 2660357 1452761 1207596 1488519 1398600 89919 1486837 SPLIT INTEREST AGREEMENT 28043 28043 X 35627448 901243 3039834 3941077 31686371 0 31686371 10665236 3039834 3039834 7625402 0 7625402 PART V, LINE 4: THE ENDOWMENT FUNDS ARE USED TO SUPPORT THE DOROTHY D. AND JOSEPH A. MOLLER CENTER FOR CONSTITUTIONAL GOVERNMENT WHICH STUDIES A VARIETY OF ISSUES INCLUDING PROPERTY RIGHTS, CAMPAIGN FINANCE REGULATION, REGULATORY BODIES, LEGISLATIVE TERMS, BALANCE OF POWER AMONG LEVELS OF GOVERNMENT, PROCESSES OF JUDICIAL APPOINTMENT AND STATE SOVEREIGNTY. FURTHER, THESE FUNDS ASSIST THE LOGAN AND BARBARA VAN SITTERT CENTER FOR CONSTITUTIONAL ADVOCACY ("VAN SITTERT CENTER"). THE INTENT IS FOR THE VAN SITTERT CENTER TO BE A PERMANENT PART OF THE INSTITUTE'S FREEDOM INFRASTRUCTURE. THE FUNDS ALSO SUPPORT TWO FELLOWSHIPS THAT GIVE EXCEPTIONAL STUDENTS THE OPPORTUNITY TO SPEND A SEMESTER WORKING ON ECONOMIC POLICY AND LAW AT THE INSTITUTE AND TO BE GROOMED FOR A LEADERSHIP ROLE IN THE ONGOING QUEST FOR FREEDOM. PART X, LINE 2: THE INSTITUTE QUALIFIES AS A TAX-EXEMPT ORGANIZATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND, ACCORDINGLY, THERE IS NO PROVISION FOR INCOME TAXES. INCOME DETERMINED TO BE UNRELATED BUSINESS TAXABLE INCOME WOULD BE TAXABLE. GOLDWATER INSTITUTE HOLDING COMPANY, LLC IS A DISREGARDED ENTITY FOR INCOME TAX PURPOSES. THE INSTITUTE EVALUATES THEIR UNCERTAIN TAX POSITIONS, IF ANY, ON A CONTINUAL BASIS THROUGH REVIEW OF THEIR POLICIES AND PROCEDURES, REVIEW OF THEIR REGULAR TAX FILINGS, AND DISCUSSIONS WITH OUTSIDE EXPERTS. AT DECEMBER 31, 2023 AND 2022, MANAGEMENT BELIEVES THE INSTITUTE DOES NOT HAVE ANY UNCERTAIN TAX POSITIONS. THE INSTITUTE'S FEDERAL RETURNS OF ORGANIZATION EXEMPT FROM INCOME TAX (FORM 990) FOR 2020, 2021 AND 2022 ARE SUBJECT TO EXAMINATION BY THE IRS, GENERALLY FOR THE THREE YEARS AFTER THEY WERE FILED. X X X X X X 1 AMERICAN PHILANTHROPIC LLC 119 N HIGH ST WEST CHESTER PA 19380 MESSAGING ADVICE 0 318024 157243 160781 OPTIMIZING CONSULTING PO BOX 660121 AUSTIN TX 78723 MESSAGING ADVICE 0 81026 44561 36465 399050 201804 197246 AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC ANNUAL DINNER 467735 337301 130434 57949 467735 337301 130434 57949 57949 72485 X X 0 0 0 0 0 0 0 0 0 VICTOR RICHES PRESIDENT/CEO 266691 0 0 0 0 0 0 0 11276 0 277967 0 0 0 TIMOTHY SANDEFUR VP FOR LITIGATION 209822 0 0 0 0 0 8480 0 13126 0 231428 0 0 0 CHRISTINA SANDEFUR EVP 188111 0 0 0 0 0 7612 0 13084 0 208807 0 0 0 JONATHAN RICHES VP FOR LITIGATION & GENERAL COUNSEL 180238 0 0 0 0 0 7215 0 489 0 187942 0 0 0 MICHAEL BROWNFIELD DIRECTOR OF COMMUNICATIONS 143014 0 0 0 0 0 5808 0 12989 0 161811 0 0 0 HEATHER CURRY DIRECTOR OF STRATEGIC ENGAGEMENT 139351 0 0 0 0 0 5620 0 11130 0 156101 0 0 0 X 14 751304 FAIR MARKET VALUE 0 1 1 PART I, LINE 32B: THE INSTITUTE PROCESSES DONATED REAL ESTATE THROUGH GOLDWATER INSTITUTE HOLDING COMPANY, LLC, IN WHICH THE INSTITUTE IS THE SOLE MEMBER. FORM 990, PART III: CASE UPDATE ADAMS V. DOWNINGTOWN AREA SCHOOL DISTRICT IN PENNSYLVANIA, TARA ADAMS SENT A PUBLIC RECORDS REQUEST TO THE DOWNINGTOWN AREA SCHOOL DISTRICT ("SCHOOL DISTRICT") ON NOVEMBER 2, 2023, REGARDING HER DAUGHTER AND A SCHOOL CLUB. THE SCHOOL DISTRICT DENIED THE REQUEST, CLAIMING, AMONG OTHER THINGS, THAT THE REQUESTED DOCUMENTS DO NOT CONSTITUTE RECORDS. WE ARE REPRESENTING MS. ADAMS TO COMPEL PRODUCTION OF THE RECORDS. ARIZONA FREE ENTERPRISE CLUB SUBPOENA THE INSTITUTE IS REPRESENTING AS NONPROFIT ORGANIZATION, THE ARIZONA FREE ENTERPRISE CLUB, THAT RECEIVED A SUBPOENA IN A CASE TO WHICH IT WAS NOT A PARTY. THE BASIS FOR THE SUBPOENA WAS THAT FREE ENTERPRISE CLUB HAD SUPPORTED LEGISLATION AND HAD PETITIONED MEMBERS OF THE LEGISLATURE REGARDING THE LEGISLATION. WE ASSERT THAT THESE COMMUNICATIONS ARE PROTECTED FROM DISCLOSURE, INCLUDING UNDER THE FIRST AMENDMENT. BATES V. STATE OF OREGON WE REPRESENT THE OWNER OF AN OREGON VAPE-SHOP WHOSE FREE SPEECH RIGHTS ARE VIOLATED BY STRINGENT LABELING REQUIREMENTS ON VAPING LIQUIDS THAT PROHIBIT SELLERS FROM ACCURATELY LABELING THE FLAVORED LIQUIDS THEY SELL WITH WORDS SUCH AS "STRAWBERRY OR "FRUIT-FLAVORED, OR FROM INCLUDING PICTURES OF STRAWBERRIES OR FRUIT. WE CONTEND THAT THIS VIOLATES BOTH THE FIRST AMENDMENT AND THE STATE CONSTITUTION. THE TRIAL COURT RULED IN FAVOR OF THE STATE. THE CASE IS CURRENTLY ON APPEAL TO THE OREGON COURT OF APPEALS. NO FEES HAVE BEEN AWARDED. BORGELT V. CITY OF AUSTIN PROPERTY TAXPAYERS IN AUSTIN, TEXAS CHALLENGE THE PRACTICE OF RELEASE TIME BY THE CITY OF AUSTIN AND THE AUSTIN FIREFIGHTERS ASSOCIATION UNDER THE ANTI-SUBSIDY PROVISIONS OF THE TEXAS CONSTITUTION. UNDER THE PRACTICE OF RELEASE TIME, ASSOCIATION MEMBERS IN AUSTIN ARE "RELEASED" FROM THEIR JOBS TO EXCLUSIVELY WORK FOR THE UNION. IN THIS CASE, TAXPAYERS ASSERT THAT THIS PRACTICE IS AN UNLAWFUL SUBSIDY TO A PRIVATE ENTITY. THE TRIAL COURT RULED IN FAVOR OF THE CITY AND THE UNION AND AWARDED THE AFA $115,250 IN ATTORNEY FEES. THE APPEAL COURT UPHELD THE TRIAL COURT'S RULING. THE TEXAS SUPREME COURT GRANTED REVIEW. THE COURT UPHELD THE RELEASE TIME PROVISIONS BUT REVERSED THE AWARD OF ATTORNEY FEES. BOUDREAUX V. LOUISIANA STATE BAR ASSN. THIS CASE CHALLENGES A LOUISIANA LAW THAT REQUIRES ALL ATTORNEYS WHO PRACTICE IN THE STATE TO BE MEMBERS OF AND PAY DUES TO THE LOUISIANA STATE BAR ASSOCIATION. THE LSBA USES MEMBERS' MANDATORY DUES TO LOBBY FOR VARIOUS POLICIES, MANY OF WHICH HAVE NOTHING TO DO WITH THE PRACTICE OF LAW, IN VIOLATION OF MEMBERS' FIRST AMENDMENT RIGHTS. THE LSBA ALSO LACKS SAFEGUARDS REQUIRED BY EXISTING SUPREME COURT PRECEDENT TO ENSURE THAT MEMBER DUES ARE ONLY USED FOR ACTIVITIES GERMANE TO IMPROVING THE QUALITY OF LEGAL SERVICES AND REGULATING THE PRACTICE OF LAW. THE FIFTH CIRCUIT COURT OF APPEALS REVERSED THE TRIAL COURT, AND WE WERE AWARDED $109,418.04 IN ATTORNEY FEES. CENTER FOR ARIZONA POLICY, INC. V. STATE OF ARIZONA THIS CASE CHALLENGES THE VOTERS' RIGHT TO KNOW ACT (PROP 211), WHICH IMPOSES NEW DONOR DISCLOSURE REQUIREMENTS ON ORGANIZATIONS THAT ENGAGE IN ISSUE ADVOCACY IN ARIZONA AND DESTROYS THE CONFIDENTIALITY MANY ORGANIZATIONS AND DONORS HAVE TOWARD THESE DONATIONS. PROP 211 CHILLS CONSTITUTIONALLY PROTECTED SPEECH, WITHOUT ANY GUARANTEE THAT DONOR DISCLOSURE WILL ACTUALLY LEAD TO A MORE INFORMED ELECTORATE. WE REPRESENT TWO NONPROFIT ORGANIZATIONS AND TWO ANONYOMOUS DONORS WHO WISH TO PROTECT DONOR PRIVACY. THE TRIAL COURT DISMISSED THE COMPLAINT AND THE CASE IS ON APPEAL TO THE ARIZONA COURT OF APPEALS. NO FEES HAVE BEEN AWARDED. CROWE V. OREGON STATE BAR THIS CASE CHALLENGES AN OREGON LAW THAT REQUIRES ALL ATTORNEYS WHO PRACTICE IN THE STATE TO BE MEMBERS OF AND PAY DUES TO THE OREGON STATE BAR. THE BAR USES THESE DUES TO ENGAGE IN POLITICAL ADVOCACY AND TO PUBLISH A MAGAZINE THAT MAKES POLITICAL STATEMENTS WITH WHICH MEMBERS DO NOT NECESSARILY AGREE. THE CASE RAISES FIRST AMENDMENT FREE SPEECH AND FREEDOM OF ASSOCIATION ISSUES. THE TRIAL COURT FOUND IN FAVOR OF THE OREGON STATE BAR. IT IS ON APPEAL TO THE NINTH CIRCUIT COURT OF APPEALS. NO FEES HAVE BEEN AWARDED. FLAGSTAFF PROPOSITION 208 CLAIMS ON BEHALF OF NUMEROUS FLAGSTAFF PROPERTY OWNERS, WE FILED CLAIMS FOR JUST COMPENSATION UNDER ARIZONA'S PRIVATE PROPERTY PROTECTION ACT AFTER THAT CITY ADOPTED AN ORDINANCE SEVERELY RESTRICTING THE RIGHT TO USE PROPERTY IN THE CITY. THESE CLAIMS RESULTED IN FAVORABLE SETTLEMENT, WITHOUT HAVING TO PURSUE LITIGATION. GILMORE V. GALLEGO THIS CASE IS A CHALLENGE TO RELEASE TIME IN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PHOENIX AND A LABOR UNION UNDER THE ARIZONA CONSTITUTION'S FREE EXPRESSION, ASSOCIATION, AND RIGHT TO WORK PROVISIONS, AND THE STATE CONSTITUTION'S GIFT CLAUSE. UNDER RELEASE TIME, GOVERNMENT EMPLOYEES ARE "RELEASED" FROM THE JOBS THEY WERE HIRED TO PERFORM TO WORK EXCLUSIVELY FOR GOVERNMENT UNIONS - WHILE RECEIVING TAXPAYER-FUNDED SALARIES AND BENEFITS. WHILE ON RELEASE TIME, GOVERNMENT WORKERS ARE PAID TO INCREASE UNION MEMBERSHIP, ENGAGE IN POLITICAL ACTIVITIES, LOBBY THE GOVERNMENT, FILE GRIEVANCES AGAINST THEIR EMPLOYER, AND NEGOTIATE FOR HIGHER WAGES AND BENEFITS, AMONG OTHER THINGS. RELEASE TIME IS "PART OF TOTAL COMPENSATION" TO ALL EMPLOYEES, MEMBERSHIP, ENGAGE IN POLITICAL ACTIVITIES, LOBBY THE GOVERNMENT, FILE GRIEVANCES AGAINST THEIR EMPLOYER, AND NEGOTIATE FOR HIGHER WAGES AND BENEFITS, AMONG OTHER THINGS. RELEASE TIME IS "PART OF TOTAL COMPENSATION" TO ALL EMPLOYEES, WHETHER THEY BELONG TO THE UNION OR NOT. AS SUCH, NON-UNION MEMBERS MUST PROVIDE AFFIRMATIVE CONSENT BEFORE ANY PORTION OF THEIR WAGES ARE DIRECTED TO RELEASE TIME. IN THIS CASE, WE REPRESENT TWO CITY EMPLOYEES AND NON-UNION MEMBERS WHO OBJECT TO HAVING THEIR WAGES GO TO SUPPORT THIS PRACTICE. THE TRIAL COURT ENTERED SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS AND AWARDED DEFENDANTS ATTORNEY FEES AND COSTS. THE JUDGMENT AND ATTORNEY FEE AWARD WERE APPEALED. THE APPEAL COURT AFFIRMED THE GRANT OF SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS BUT VACATED THE FEE AWARD. THE ARIZONA SUPREME COURT GRANTED REVIEW AND THE CASE IS PENDING DECISION. HEDRICK V. CITY OF HOLIDAY ISLAND STEVE HENDRICK RUNS A DUMPSTER BUSINESS IN CARROLL COUNTY, ARKANSAS. UNFORTUNATELY, HIS ABILITY TO RUN HIS BUSINESS IN MULTIPLE CITIES/TOWNS IN THE COUNTY HAS BEEN HAMPERED BY GOVERNMENT EXCLUSIVITY AGREEMENTS, EVEN THOUGH HIS BUSINESS IS NOT A TRADITIONAL, PERIODIC TRASH COLLECTION BUSINESS, BUT SERVES UNIQUE TRASH COLLECTION NEEDS, SUCH AS HAULING TRASH FROM A CONSTRUCTION SITE. ON APRIL 4, 2022, THE CITY OF HOLIDAY ISLAND ADOPTED AN ORDINANCE THAT REQUIRED ALL RESIDENTS TO CONTRACT FOR TRASH PICK-UP WITH CARROLL COUNTY SOLID WASTE DISTRICT (CCSW) AND LATER SENT A LETTER TO MR. HENDRICK DIRECTING HIM TO CEASE ALL BUSINESS WITHIN THE TOWN. WE ARE REPRESENTING MR. HENDRICK IN CHALLENGING THE EXCLUSIVITY ORDINANCE FOR VIOLATING VARIOUS PROVISIONS OF THE ARKANSAS CONSTITUTION. THE CASE IS PENDING IN THE TRIAL COURT. KNIGHT V. FONTES ARIZONA LAW PROHIBITS VOTERS IN CERTAIN GEOGRAPHIC AREAS FROM VOTING ON THE RETENTION OF JUDGES TO THE ARIZONA COURT OF APPEALS, BASED ON THE JUDGE'S RESIDENCY. THIS CASE CHALLENGES THE CONSTITUTIONALITY OF THAT STATE LAW, SEEKING A DECLARATION THAT JUDGES TO THE COURT OF APPEALS MUST STAND FOR RETENTION ON A STATEWIDE BASIS, BECAUSE THEIR DECISIONS ARE BINDING ON ALL ARIZONANS. WE REPRESENT ARIZONA VOTERS IN THIS CASE, WHICH IS PENDING IN MARICOPA COUNTY SUPERIOR COURT. LAVIGNE V. GREAT SALT BAY COMMUNITY SCHOOL BOARD WE REPRESENT AMBER LAVIGNE IN A LAWSUIT CHALLENGING THE ACTIONS AND POLICIES OF A SCHOOL DISTRICT IN MAINE. A SCHOOL SOCIAL WORKER GAVE MS. LAVIGNE'S 13-YEAR-OLD DAUGHTER A CHEST BINDER AND SECRETLY ADVISED HER ABOUT GENDER TRANSITIONING. THE SOCIAL WORKER ADVISED THE CHILD NOT TO TELL HER PARENTS. MS. LAVIGNE WAS UPSET THAT SHE WAS NOT CONSULTED AND WAS DELIBERATELY KEPT IN THE DARK ABOUT THESE DECISIONS. WE BROUGHT A CHALLENGE ON BEHALF OF MS. LAVIGNE IN FEDERAL COURT ASSERTING THAT THE SCHOOL VIOLATED MS. LAVIGNE'S FUNDAMENTAL PARENTAL RIGHTS UNDER THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT, AND UNDER THE PRIVILEGES AND IMMUNITIES CLAUSE. THE DISTRICT COURT RULED AGAINST MS. LAVINGE AND THE CASE IS ON APPEAL TO THE FIRST CIRCUIT COURT OF APPEALS. MENDEZ V. CHICAGO THE CITY OF CHICAGO ADOPTED A 58-PAGE ORDINANCE LEVYING A $10,000 LICENSING FEE ON RENTAL PLATFORMS LIKE AIRBNB, REQUIRING HOME SHARERS TO OPEN THEIR HOMES TO CITY INSPECTORS "AT ANY TIME AND IN ANY MANNER," MANDATING PROPERTY OWNERS TO HAND OVER ANY PERSONAL INFORMATION THE CITY CONSIDERS "REASONABLY REQUIRE[D]" TO ISSUE A RENTAL LICENSE, AND IMPOSING ON HOMEOWNERS SANITATION STANDARDS LIKE THOSE IMPOSED ON COMMERCIAL KITCHENS (EVEN THOUGH HOME-SHARERS DON'T PREPARE MEALS FOR GUESTS). AFTER THE INSTITUTE (PARTNERING WITH ILLINOIS-BASED LIBERTY JUSTICE CENTER) REPRESENTED HOME SHARERS IN A LAWSUIT CHALLENGING THESE RULES, THE CITY CHANGED ITS ANTI-PRIVACY RULES IN A VICTORY FOR HOMEOWNERS. THE ILLINOIS COURT OF APPEALS AFFIRMED JUDGMENT IN FAVOR OF THE DEFENDANTS ON THE REMAINING COUNTS, AND THE ILLINOIS SUPREME COURT DECLINED TO TAKE THE CASE. NO FEES WERE AWARDED. MARKETWISE INVESTMENTS AND NICHOLS V. CITY OF MIAMI BEACH MIAMI BEACH IS HOME TO SOME OF THE MOST EXCESSIVE HOME-SHARING RULES IN THE COUNTRY. THE CITY IMPOSES FINES OF UP TO $100,000 PER VIOLATION ON HOME-SHARERS WHO RENT OUTSIDE OF A NARROW ZONE WHERE RENTALS ARE ALLOWED. THE INSTITUTE REPRESENTED PROPERTY OWNERS WHO FILED SUIT ARGUING THAT THIS VIOLATES THE STATE CONSTITUTION'S PROHIBITION ON EXCESSIVE FINES, AMONG OTHER THINGS. THE COURT OF APPEALS REMANDED TO THE TRIAL COURT, AND THE CASE IS PENDING. NO FEES HAVE BEEN AWARDED. INSTITUTE ATTORNEYS WON AN INITIAL VICTORY BUT DO NOT REPRESENT PLAINTIFFS IN THE REMAINING MATTERS. NATIONAL EDUCATION ASSOCIATION-RI V. SOLAS WE REPRESENT NICOLE SOLAS, A MOTHER IN RHODE ISLAND WHO SOUGHT INFORMATION VIA THAT STATE'S PUBLIC RECORDS LAWS ABOUT WHAT WAS BEING TAUGHT TO HER CHILD IN PUBLIC SCHOOL CLASSROOMS AND OTHER INFORMATION RELATED TO PUBLIC EDUCATION. AFTER FILING PUBLIC RECORDS REQUESTS, THE STATE'S TEACHER UNION SUED HER TO KEEP HER FROM OBTAINING THE INFORMATION. WE ASSERT THAT STATE LAW DOES NOT ALLOW THE UNION TO FILE SUCH A LAWSUIT. THE CASE IS STILL PENDING IN TRIAL COURT. NO FEES HAVE BEEN AWARDED. NEPTUNE SWIMMING FOUNDATION V. SCOTTSDALE THIS CASE CHALLENGES THE CONSTITUTIONALITY OF THE CITY OF SCOTTSDALE'S DECISION TO LEASE SWIMMING LANES AT A PUBLIC FACILITY TO AN ORGANIZATION THAT SUBMITTED A LOWER BID IN RESPONSE TO A PUBLIC PROCUREMENT FOR USE OF THE POOLS. REPRESENTING NEPTUNE, WE ASSERT THAT THE CITY'S DECISION TO LEASE THIS PUBLICLY OWNED PROPERTY AT BELOW MARKET RATES VIOLATES THE GIFT CLAUSE OF THE ARIZONA CONSTITUTION, WHICH FORBIDS THE CITY FROM GIVING AWAY PUBLIC RESOURES TO PRIVATE PARTIES, AS WELL AS VARIOUS PROCUREMENT RULES. THE TRIAL COURT GRANTED SUMMARY JUDGMENT IN FAVOR OF THE CITY. THE APPEAL COURT AFFIRMED. THE ARIZONA SUPREME COURT GRANTED REVIEW AND AFFIRMED ON ONE CLAIM AND REVERSED ON ANOTHER CLAIM. THE CASE HAS BEEN REMANDED TO THE TRIAL COURT. NO FEES HAVE BEEN AWARDED. OGSTON V. ARIZONA DEP'T OF REVENUE IN 2023, THE YUMA COUNTY HOSPITAL DISTRICT (A SPECIAL TAXING DISTRICT) ASKED THE YUMA COUNTY BOARD OF SUPERVISORS TO IMPOSE A SECONDARY PROPERTY TAX TO RAISE FUNDS TOWARD ITS LEGAL BILLS. THIS TAX INCREASE IS NOT AUTHORIZED BY STATE STATUTE. WE ARE REPRESENTING TAXPAYERS IN MARICOPA COUNTY SUPERIOR COURT TO ENJOIN THE TAX AS UNLAWFUL. THE CASE IS PENDING DECISION. PATEL V. CITY OF HOLBROOK PROPERTY OWNER ANIL PATEL ENTERED INTO A PURCHASE AGREEMENT WITH A BUYER WHO INTENDED TO CONVERT THE PROPERTY'S EXISTING MOTEL TO A RESIDENTIAL CARE FACILITY, WHICH WAS ALLOWED UNDER THE PROPERTY'S ZONING. SUBSEQUENTLY, THE CITY OF HOLBROOK AMENDED ITS ZONING ORDINANCE TO REMOVE RESIDENTIAL CARE SERVICES AS A PERMITTED USE. AS A RESULT, THE SALE FELL THROUGH, LEAVING MR. PATEL WITHOUT A BUYER FOR THE PROPERTY. WE ARE REPRESENTING MR. PATEL IN A PROPERTY RIGHTS LAWSUIT AGAINST THE CITY. THE CASE IS PENDING IN THE TRIAL COURT. PAULIN V. CITY OF PHOENIX THIS CASE CHALLENGES THE CITY OF PHOENIX'S $8 MILLION SUBSIDY TO A PRIVATE REAL ESTATE DEVELOPER OF THE HUBBARD PROJECT THROUGH USE OF THE GOVERNMENT PROPERTY LEASE EXCISE TAX ("GPLET"). THE GPLET IS AN ARRANGEMENT WHERE A PRIVATE PROPERTY OWNER CONVEYS ITS PROPERTY TO THE GOVERNMENT, THEREBY TAKING IT OFF THE TAX ROLLS. THE GOVERNMENT THEN LEASES THE PROPERTY BACK TO THE DEVELOPER TO OPERATE AS A NORMAL BUSINESS WITHOUT PAYING PROPERTY TAXES ON THE DEVELOPMENT. AT THE END OF THE LEASE, THE GOVERNMENT CONVEYS THE PROPERTY BACK TO THE PRIVATE DEVELOPER. THIS VIOLATES THE STATE CONSTITIUTION'S PROHIBITIONS ON SUBSIDIES AND CONVEYANCE TO EVADE TAXATION. PLAINTIFFS LOST IN THE TRIAL COURT AND THE CASE IS ON APPEAL TO THE ARIZONA COURT OF APPEALS. PAULIN V. GALLEGO THE CITY OF PHOENIX ESTABLISHED A "CLEAN ZONE" IN DOWNTOWN PHOENIX FOR THE 2024 SUPER BOWL EVENTS. IN THE CLEAN ZONE, WHICH COVERS MORE THAN A SQUARE MILE OF DOWNTOWN PHOENIX, BUSINESS OWNERS AND RESIDENTS WERE FORBIDDEN FROM HAVING ANY TEMPORARY SIGNAGE UNTIL AFTER THE SUPER BOWL, UNLESS THE SIGNES WERE PRE-APPROVED FROM TWO PRIVATE ENTITIES, THE NFL AND THE SUPER BOWL HOSTING COMMITTEE. WE REPRESENTED BRAMLEY PAULIN, A LOCAL BUSINESS OWNER, IN A LAWSUIT SEEKING PRELIMINARY INJUNCTIVE RELIEF AGAINST THE "CLEAN ZONE" RESOLUTION UNDER VARIOUS STATE CONSTITUTIONAL PROVISIONS. WE PREVAILED IN THE TRIAL COURT. NO FEES WERE AWARDED. POMEROY V. UTAH STATE BAR LIKE THE OREGON CASE, THIS LAWSUIT CHALLENGES THE MANDATORY BAR ASSOCIATION IN UTAH. WE REPRESENT AN ATTORNEY IN CHALLENGING THE CONSTITUTIONALITY OF THAT STATE'S MANDATORY BAR ASSOCIATION AND THE FEES ASSOCIATED WITH IT. THE CASE IS PENDING IN TRIAL COURT. NO FEES HAVE BEEN AWARDED. RODGERS V. HUCKELBERRY PIMA COUNTY, ARIZONA, DEVOTED $15 MILLION OF TAXPAYER MONEY TO FUND THE CONSTRUCTION OF A BALLOON LAUNCH PAD AND COMPANY HEADQUARTERS FOR THE PRIVATE BENEFIT OF WORLD VIEW ENTERPRISES, INC. THE COUNTY BUILT THE PROJECT USING ITS PRE-CHOSEN CONTRACTORS, RATHER THAN BIDDING OUT THE WORK AS REQUIRED BY STATE LAW. WE FILED A LAWSUIT BECAUSE THIS AGREEMENT SERVES NO PUBLIC PURPOSE AND FAILS TO PROVIDE COUNTY TAXPAYERS WITH AN ADEQUATE RETURN ON THEIR INVESTMENT, IT VIOLATES THE GIFT CLAUSE OF THE ARIZONA CONSTITUTION, WHICH PROHIBITS GOVERNMENT LOANS AND SUBSIDIES TO PRIVATE CORPORATIONS. THE ARZONA COURT OF APPEALS REVERSED THE TRIAL COURT AND ISSUED A DECISION IN OUR FAVOR. THE COUNTY DID NOT FILE A PETITION FOR REVIEW WITH THE ARIZONA SUPREME COURT. A STIPULATED JUDGMENT WAS SUBMITTED TO THE COURT, AWARDING $73,000 IN FEES TO AND $4,574.33 IN COSTS TO PLAINTIFFS. SANDERS V. STATE OF NORTH CAROLINA WE REPRESENT JERMAINE SANDERS IN A LAWSUIT CHALLENGING THE CITY OF MOORESVILLE'S SEIZURE OF HIS CAR. ALTHOUGH A STATE COURT RULED THAT THE CITY VIOLATED THE LAW WHEN IT SEIZED THE CAR, THE CITY TRANSFERRED THE CAR TO THE FEDERAL GOVERNMENT, INSTEAD OF RETURNING IT TO MR. SANDERS. THE CASE IS PROCEEDING IN BOTH STATE AND FEDERAL COURT SIMULTANEOUSLY. THE NORTH CAROLINA SUPREME COURT DENIED SANDERS' PETITION AND DISMISSED THE APPEAL. THE FOURTH CIRCUIT COURT OF APPEALS REVERSED (RULING IN OUR FAVOR), AND REMANDED FOR FURTHER PROCEEDINGS. NO FEES HAVE BEEN AWARDED. SARRA L. V. ARIZONA DEPARTMENT OF CHILD SAFETY WE REPRESENT SARRA L IN CHALLENGING THE ARIZONA DEPARTMENT OF CHILD SAFETY'S PLACEMENT OF HER ON ITS PUBLIC CENTRAL REGISTRY. SARRA WAS CHARGED WITH 2 COUNTS OF CONTRIBUTING TO THE DELINQUENCY OF A MINOR AFTER LETTING HER 7-YEAR-OLD SON AND HIS 5-YEAR-OLD FRIEND PLAY SUPERVISED AT A NEARBY NEIGHBORHOOD PARK WHILE SHE WENT TO THE GROCERY STORE DURING THE PANEDEMIC. THE CRIMINAL CHARGES WERE DISMISSED AFTER SHE COMPLETED A PARENTING CLASS. DCS OPENED ITS OWN INVESTIGATION. THERE IS NO EVIDENCE THAT THE CHILDREN WERE AT RISK, NOR WERE THEY HARMED. HOWEVER, DCS FOUND PROBALE CAUSE TO BELIEVE AN OFFENSE WAS COMMITED AND PLACED HER NAME ON A PUBLIC CENTRAL REGISTRY, HARMING HER REPUTATION AND HER ABILITY TO SEEK EMPLOYMENT. THE TRIAL COURT RULED IN OUR FAVOR, AND SARRA'S NAME WAS REMOVED FROM THE CENTRAL REGISTRY. $58,300 IN FEES AND $1,660 IN COSTS WERE AWARDED, SPLIT BETWEEN THE INSTITUTE AND ITS LITIGATION PARTNER, THE PACIFIC LEGAL FOUNDATION. SCHELL V. GURICH THIS CASE CHALLENGES OKLAHOMA LAWS THAT REQUIRE LAWYERS TO JOIN AND PAY DUES TO THE STATE'S BAR ASSOCIATION. THE OBA USES THIS MONEY TO LOBBY THE GOVERNMENT AND TAKE POLITICAL POSITIONS ON MATTERS WITH WHICH MEMBERS DO NOT NECESSARILY AGREE. THE OBA DOES NOT HAVE ADEQUATE PROCEDURES TO ENSURE THAT MEMBER DUES ARE NOT USED FOR NON-GERMANE POLITICAL SPEECH. WE FILED SUIT ARGUING THAT THIS VIOLATES THE FIRST AMENDMENT FREEDOMS OF SPEECH AND ASSOCIATION. THE TRIAL COURT DISMISSED PLAINTIFF'S CLAIMS. THE TENTH CIRCUIT COURT OF APPEALS AFFIRMED IN PART, REVERSED IN PART, AND REMANDED TO THE TRIAL COURT. THE CASE IS STILL PENDING. NO FEES HAVE BEEN AWARDED. SOLAS V. SOUTH KINGSTOWN SCHOOL DEPARTMENT ON BEHALF OF RHODE ISLAND MOTHER NICOLE SOLAS, WE REQUESTED AN OFFICIAL ATTORNEY GENERAL OPINION REGARDING WHETHER STATE OFFICIALS VIOLATED THE STATE'S OPEN MEETING LAWS WHEN THEY CONVENED MEETINGS OF A COMMITTEE THAT HAS AUTHORITY RELATING TO VARIOUS SCHOOL POLICIES BUT EXCLUDED THE PUBLIC FROM THOSE MEETINGS. THE ATTORNEY GENERAL ISSUED AN OPINION FINDING THAT THE COMMITTEE WAS NOT SUBJECT TO THE OMA. WE FILED A LAWSUIT, WHICH IS PENDING IN THE TRIAL COURT. NO FEES HAVE BEEN AWARDED. TYCENSKI V. NEW JERSEY DEPARTMENT OF EDUCATION THE NEW JERSEY DEPARTMENT OF EDUCATION ADOPTED GUIDELINES THAT THERE CAN BE "NO AFFIRMATIVE DUTY FOR ANY SCHOOL DISTRICT PERSONNEL TO NOTIFY A STUDENT'S PARENT OR GUARDIAN OF THE STUDENT'S GENDER IDENTITY OR EXPRESSION." THREE SCHOOL DISTRICTS IN NEW JERSEY HOWEVER HAVE ADOPTED POLICIES THAT REQUIRE PARENTAL NOTIFICATION WHEN A SCHOOL DECIDES TO RECOGNIZE A STUDENT'S NEW GENDER IDENTITY. IN RESPONSE TO THESE POLICIES, THE ATTORNEY GENERAL FILED A CIVIL COMPLAINT, ALLEGING THAT THESE POLICIES VIOLATE STATE LAW AND ASKING FOR AN INJUNCTION AGAINST THE SCHOOLS' POLICIES. GOLDWATER SOUGHT TO INTERVENE IN ONE OF THOSE LAWSUITS ON BEHALF OF PARENTS IN SUPPORT OF THE SCHOOL DISTRICT'S PARENTAL NOTIFICATION POLICIES. THE CASE WAS REMANDED TO AN ADMINISTRATIVE AGENCY, AND WE WERE DENIED INTERVENTION BEFORE THE AGENCY. UNION LLC V. ARIZONA DEP'T OF AGRICULTURE THE ARIZONA DEPARTMENT OF AGRICULTURE PROMULGATED A RULE (THE "CAGE-FREE EGG RULE") REQUIRING THAT BY 2025, ALL EGGS SOLD OR PRODUCED IN THE STATE MUST COME FROM "CAGE-FREE HENS." WE CHALLENGED THE LEGALITY OF THE RULE ON BEHALF OF AN AFFECTED RESTAURANT OWNER, ASSERTING THAT THE CAGE-FREE EGG RULE IS AN EXERCISE OF UNCONSTITUTIONALLY DELEGATED POWER AND EXCEEDS THE DEPARTMENT'S STATUTORY AUTHORITY. THE LAWSUIT IS PENDING IN MARICOPA COUNTY SUPERIOR COURT. NO FEES HAVE BEEN AWARDED. VANGILDER V. PINAL COUNTY IN NOVEMBER 2017, PINAL COUNTY ADOPTED A "TRANSPORTATION EXCISE TAX" TO PAY FOR ROAD IMPROVEMENTS. BUT THE TAX APPLIED ONLY TO RETAIL SALES OF ITEMS BELOW $10,000. ARIZONA LAW SPECIFIES WHAT MUST BE TAXED AND IN WHAT AMOUNTS WHEN A COUNTY CREATES A TRANSPORTATION EXCISE TAX; THUS, THIS TAX IS UNLAWFUL. THE INSTITUTE REPRESENTED TAXPAYERS IN A LAWSUIT CHALLENGING THE TAX UNDER VARIOUS STATUTORY AND CONSTITUTIONAL GROUNDS. THE ARIZONA SUPREME COURT RULED IN OUR FAVOR. NO FEES WERE AWARDED. FORM 990, PART VI, SECTION A, LINE 2 PRESIDENT/CEO, VICTOR RICHES AND DIRECTOR OF NATIONAL LITIGATION AND GENERAL COUNSEL, JONATHAN RICHES HAVE A FAMILY RELATIONSHIP. KEY EMPLOYEE, TIMOTHY SANDEFUR AND EXECUTIVE VICE PRESIDENT, CHRISTINA SANDEFUR HAVE A FAMILY RELATIONSHIP. FORM 990, PART VI, SECTION A, LINE 6 THE MEMBERS OF THE BOARD OF DIRECTORS ARE ALSO MEMBERS OF THE CORPORATION. FORM 990, PART VI, SECTION A, LINE 7A NEW DIRECTORS ARE ELECTED BY THE REMAINING BOARD OF DIRECTORS. FORM 990, PART VI, SECTION B, LINE 11B AN OUTSIDE ACCOUNTING FIRM PREPARES THE FORM 990 AND IT IS REVIEWED BY THE CEO, CFO, EXECUTIVE VICE PRESIDENT, EXECUTIVE COMMITTEE, AND GENERAL COUNSEL PRIOR TO SUBMISSION TO THE BOARD OF DIRECTORS FOR REVIEW. THE MANAGEMENT TEAM ADDRESSES ANY ISSUES RAISED BY THE BOARD BEFORE THE RETURN IS FILED WITH THE IRS. FORM 990, PART VI, SECTION B, LINE 12C IN CONNECTION WITH ANY ACTUAL OR POSSIBLE CONFLICT OF INTEREST, AN INTERESTED PERSON MUST DISCLOSE THE EXISTENCE OF THE FINANCIAL INTEREST AND BE GIVEN THE OPPORTUNITY TO DISCLOSE ALL MATERIAL FACTS TO THE DIRECTORS AND MEMBERS OF COMMITTEES WITH GOVERNING BOARD DELEGATED POWERS CONSIDERING THE PROPOSED TRANSACTION OR ARRANGEMENT. ANY DIRECTOR, PRINCIPAL OFFICER, OR MEMBER OF A COMMITTEE WITH GOVERNING BOARD DELEGATED POWERS, WHO HAS A DIRECT OR INDIRECT FINANCIAL INTEREST IS AN INTERESTED PERSON. AFTER DISCLOSURE OF THE FINANCIAL INTEREST AND ALL MATERIAL FACTS, AND AFTER ANY DISCUSSION WITH THE INTERESTED PERSON, HE/SHE SHALL LEAVE THE GOVERNING BOARD OR COMMITTEE MEETING WHILE THE DETERMINATION OF THE CONFLICT OF INTEREST IS DISCUSSED AND VOTED UPON. THE REMAINING BOARD OR COMMITTEE MEMBERS SHALL DISCUSS IF A CONFLICT OF INTEREST EXISTS. THE ORGANIZATION'S CONFLICT OF INTEREST POLICY REQUIRES ANNUAL DISCLOSURE FROM ALL MEMBERS OF THE BOARD OF DIRECTORS AND OFFICERS. A STATEMENT IS FILED BY EACH BOARD MEMBER REQUIRING THE DISCLOSURE OF ANY CONFLICTS AND TO STATE THE RESOLUTION OF THAT CONFLICT, IF ANY. FORM 990, PART VI, SECTION B, LINE 15 THE EXECUTIVE COMMITTEE REVIEWED AND APPROVED COMPENSATION FOR OFFICERS AND KEY EMPLOYEES. ALL COMPENSATION DECISIONS ARE DOCUMENTED CONTEMPORANEOUSLY IN THE MINUTES. FORM 990, PART VI, SECTION C, LINE 19 THE AUDITED FINANCIAL STATEMENTS ARE AVAILABLE ON THE INSTITUTE'S WEBSITE. THE ORGANIZATION'S ARTICLES OF INCORPORATION, BY-LAWS, AND CONFLICT OF INTEREST POLICY ARE AVAILABLE UPON REQUEST. GOLDWATER INSTITUTE HOLDING COMPANY LLC 500 E CORONADO RD PHOENIX AZ 85004 861023067 REAL ESTATE AZ 0 1486837 N/A