County vs. Tax Revolt in turf fight

The Daily News
By NEIL YOUNG

Published: October 29,2007

BULLHEAD CITY - Bullhead City police were called to the Mohave County building on Hancock Road Monday morning to inform an Arizona Tax Revolt volunteer that he was allegedly breaking the law.

Ed Zdonek was standing by the entrance to the building “to open the door for members of the public on their way in to pay their property tax bills,” said Marc Goldstone, Revolt chairman, “and to ... tell that person that right across the parking lot on the public sidewalk is a person collecting signatures we'd like you to go sign on your way out.”

“Basically, the police officers told him that he could not solicit people to go and sign a petition in the particular area where he was,” said Emily Montague, Bullhead City Police spokeswoman.

“An officer said he was trespassing and asked him to conduct his business in the location where the table was ... he was allowed to do what he was doing on the sidewalk,” Montague said.

“He complied with the officers and that was that,” she said. “The police officers were just doing their job.”

Goldstone originally intended to “bring a table, chairs and signage to be set up as close as possible to the treasurer's office, or in the lobby where space permits or outside the front door,” as he previously e-mailed Bill Ekstrom, Mohave County special deputy county attorney.

Ekstrom responded, “ ... it has been the policy of the County that the Complex is available to the public for the conduct of County-related business and not as a public forum.”

Goldstone then decided to place the petition gatherers on the city sidewalk, with a “greeter” by the door to the facility.

“I can't imagine how having a person stand there with no petitions and no signage other than the clothing that they're wearing could possibly be a violation of some county policy,” Goldstone said.

“Certain county property is what's called a traditional public forum that people could use to exercise their First Amendment rights,” said Mike Liburdi, Arizona Tax Revolt attorney, with the Phoenix firm Perkins Coie Brown & Bain.

“If the County is shutting down all property to people who engage in First Amendment-protected free speech, then there may be a First Amendment problem,” Liburdi said.

“Well, free speech, I think, is an important First Amendment right of all our citizens,” Ekstrom said, “but reasonable restraints on its exercise are also in the public interest.

“The public has a right to enter County property to conduct public business without fear of being approached or accosted by hawkers or political proponents or pamphleteers ... and that's the rights we're interested in enforcing here,” Ekstrom said.

“We're currently talking with Mr. Goldstone's attorneys,” he said, “explaining our position to them and seeing if there's some common ground where we can all agree on what the rules will be.”