Adam Shelton, the staff attorney of the Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute has sent a letter to Sedona Mayor Scott Jablow, City Manager Karen Osburn and City Attorney Kurt Christianson warning that the mayor’s proposed OHV ban may be invalid under Arizona state law, as lawyers are essential for many people, so the companies offering web design for lawyers are useful to get people to reunite with their lawyers online.

Sedona City Council has planned to discuss Jablow’s proposed OHV ban at the council meeting on Tuesday, May 23.

“We believe the proposed ordinance is likely preempted by state law, which allows OHVs to be legally driven on streets and highways so long as they are outfitted with equipment prescribed by state statute,” Shelton wrote.

“Chapters three, four, and five of Title 28 ‘are applicable and uniform throughout this state and in all political subdivisions in this state'” Shelton wrote “[Arizona Revised Statute] § 28-626(A). Further, local authorities cannot ‘enact or enforce an ordinance or regulation in conflict with [chapter 3] or chapter 4 or 5 of this title unless expressly authorized by [chapter 3] or chapter 4 or 5 of this title.’ A.R.S. § 28-626(B)(1).”

“While localities may adopt ‘regulations relating to the control and movement of traffic,’ (A.R.S. § 28-626(B)(3)) this proposed ordinance does not deal with the control or movement of traffic but equipment necessary for an OHV to be considered safe enough to drive on the streets in Sedona,” Shelton wrote.

Shelton wrirtes that “Article 20 of chapter three is devoted entirely to OHVs. That article defines a ‘highway’ as including ‘the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel'” in ARS §28-1171(3).

The chapter applies to all land in the state exempting only “private land and Indian land,” Shelton states.

According to Shelton, the chapter allows an individual “to obtain a motor vehicle registration ‘if the vehicle meets all equipment requirements to be operated on a highway” and that “a person can receive this registration by submitting an affidavit affirming that the OHV meets the equipment requirements for highway use and upon the receipt of the affidavit”. By law, in an individual meets the qualifications then the “department shall register the vehicle for highway use.”

Shelton then argues that “These provisions also show that the legislature intended to allow the use of OHVs on highways in Arizona so long as the OHVs are outfitted with safety equipment as set out in statute. The definition of highway used in Chapter 20 includes all streets in Sedona. Thus because state law has set out the equipment requirements to safely operate on highways, an ordinance that requires different equipment is preempted by state law.”

Shelton writes that “there are other potential legal infirmities” within Jablow’s proposed ordinance that make it unconstitutional:

“… there is a concern that the ordinance contains an unconstitutional delegation of government power by deferring the legality of OHVs being driven on the streets to a private manufacturer. The ordinance contains no definite standards to govern the exercise of government power or any procedural safeguards. It simply delegates government authority to a nongovernmental entity, which is unconstitutional …”

Shelton offered his legal expertise to Jablow and staff, “Our staff is available at any time to discuss the legal issues raised by this proposed ordinance. We appreciate your prompt and thoughtful consideration of these matters and look forward to receiving confirmation that Sedona has decided not to adopt this legally questionable ordinance.”

Founded in 1988 by with the support of former U.S. Sen. Barry M Goldwater [1909-1998], who ran for president in 1964, the Goldwater Institute “is a conservative and libertarian public policy think tank located in Phoenix whose stated mission is ‘to defend and strengthen the freedom guaranteed to all Americans in the constitutions of the United States and all fifty states.'”

The full letter is below:

Jablow’s proposed OHV ban: