News outlets win in fight over unconstitutional police video ban; Sarah Sladick, litigator at Rose Law Group, comments on law enforcement impact

By Elena Santa Cruz | Arizona Republic

Arizona has agreed to pay news organizations, including The Arizona Republic, and the ACLU of Arizona $69,000 in attorneys fees, according to files in a pending settlement from a First Amendment lawsuit over an attempt to restrict public access to police actions.

The proposed settlement shows that Kris Mayes will, as attorney general, pay Arizona news outlets $46,000 and the ACLU $23,000 for attorney fees and costs. Proceeds to the news outlets will be divided.

This all comes out of a controversial state law last year that banned people from filming police from within 8 feet. The law, House Bill 2319, was challenged by media organizations, including The Republic, arguing that it violates the First Amendment. Passage of the bill pitted concerns for protecting free speech against a desire to preserve the safety of police on duty.

A proposed order filed in court this week would, if approved as expected, prohibit enforcement of the police video ban and declare it unconstitutional. U.S. District Court Judge John Tuchi still has to approve these orders for them to become final, and the decision will be made on his schedule.

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“The proposed order reaffirming Arizona residents’ right to film unlawful searches and other mistreatments should incentivize local police to constitutionally enforce the law.” -Sarah Sladick, litigation attorney at Rose Law Group

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