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RELEASE OF PRIVILEGED ATTORNEY-CLIENT COMMUNICATION TO THE PUBLIC

It was a lively day in the board room today.  On the agenda was a proposed Ordinance to restrict the practice of sexual orientation change efforts, commonly known as "conversion therapy."  The revised Ordinance 2017-22 passed in a 3:2 vote with Supervisors Bronson, Elias and Valadez approving.  Supervisors Miller and Christy voted "NO" on approving the Ordinance.

One reason for voting "NO" on the Ordinance were reasons cited by the Pima County Attorney in a formerly privileged attorney-client communication.  Supervisor Miller felt it was only right for the public to fully understand the ramifications of passing this Ordinance.  And, the only way to do that was to release the formerly privileged communication.  In a 5:0 vote, the Supervisors approved releasing the communication to the public.  Videos from the board room tell the story:

        Part 1 (video)                                                                       Part 2 (video)







Issues raised by the County Attorney include:

  • Challengers could contend that only the State may regulate therapists
  • Ordinance may be challenged under Arizona's strict freedom-of-religion statute
  • Similar laws have been subjected to speech-based or parental right challenges
  • Conflicts with any Arizona statute or Arizona Constitution could lead to investigation by the Attorney General and a potential loss of state-shared revenues (HURF and VLT, road repair funds, are both components of the state-shared revenues)

​Directly following the meeting, a constituent informed my office they submitted a request to the Attorney General's Office of Civil Litigation Division, to investigate the passage of this ordinance and possible conflicts with the laws of the State of Arizona (A.R.S. 41-194.01).  

Ordinance 2017-22 (revised)

Released attorney-client communication

Center for Arizona Policy (July 29, 2017 letter to Board of Supervisors)


NEWS FLASH

Direct from the Board Room

August 1, 2017