On Tuesday night (Dec. 1), neighbors of Stephen Phinny’s Saguaro Ranch development went before the Marana Town Council to not only let them know that they continue to be dismayed at the town officials’ bend-over-backward approach toward a bankrupt developer; they also handed out copies of a 54-page federal lawsuit filed the same day at 3 p.m. by Steve Blomquist and Sharyl Cummings.
You can take a look at the complaint here.
Those who spoke at the meeting made a grand use of the public-comment time. And in return, they were greeted with what is becoming a classic response from Marana Town Councilwoman Roxanne Ziegler: “Are you a resident of Marana? Do you live in Marana?” Most towns have a policy that looks at areas just outside of the town limits as part of a growth boundary—an area the town may grow into—so town officials generally treat people who live within a growth boundary area with a little more concern and interest.
“You don’t know how happy I am that you’re not in the town of Marana,” Ziegler told one of the speakers.
The lawsuit was filed against the town of Marana, Marana Police Chief T.P. Tometich, Town Attorney Frank Cassidy, several Marana Police officers and yet-to-be-named town officials. In the lawsuit, Blomquist and Cummings accuse Marana of violating their civil rights, particularly Blomquist’s—who was arrested for trespassing (as well as disorderly conduct) a second time. But this time, rather than being issued a citation and asked to show up in court, Blomquist was handcuffed and taken to Pima County Jail and only released after his wife, along with friend and neighbor Tracy Chamberlain, showed up to pay his $500 bail.
Blomquist’s arrest happened Friday, Nov. 13, just after the deadline for “Unincorporated and Unrepresented,” Nov. 19, 2009, a TW cover story on Blomquist and his neighbors’ travails with developer Phinny and the town of Marana.
Blomquist, Cummings and Chamberlain had been issued a previous citation for trespassing, but an Oro Valley judge dismissed the case on Oct. 14. He wrote on the order that Marana had improperly used the criminal process against plaintiffs. This is because the town knew about litigation between Phinny and his neighbors regarding the disputed easement, as well as litigation between the town and the neighbors regarding the Town Council’s vote to abandon the easment.
Despite the first citation, Blomquist, Cummings and Chamberlain continued to walk the easement in protest. Usually they carry protest signs and end the walk at McClintock’s restaurant. The night Blomquist was cuffed and taken down to Pima County Jail, however, he says he had no sign and simply walked into the restaurant, sat on the porch and ordered a beer. See, part of the reservations-only restaurant sits on the disputed easement—and that’s where Blomquist chose to sit for his beer. You can listen to Blomquist order his beer and chat with employees up to his arrest right here.
After Blomquist addressed the council regarding his arrest, he handed Cassidy a CD of the recording he made while ordering a beer. The recorder was located in his shirt pocket. What makes the recording significant, from Blomquist’s perspective, is that it shows he was welcomed and allowed to order a beer; he even began to drink it before it was taken away from him. According to the lawsuit, a McClintock’s manager told police Blomquist was taunting guests and wouldn’t leave.
A recording of a phone call between dispatch and a Marana officer mentioned in the lawsuit is even more intriguing. It’s this call that the lawsuit says points out a highly unethical relationship between Phinny, town officials and the police department, who are working together to make sure Blomquist or other neighbors could get arrested. Look at Page 33 in the lawsuit. The document also alludes to an event at McClintock’s two days after Blomquist’s arrest in which Marana Town Manager Gilbert Davidson was allegedly given a champagne toast by staff.
“Upon information and belief,” the lawsuit reads, “the toast, be it champagne or some other drink, was a thank you present for the Town of Marana arresting and hauling Steven Blomquist to Pima County Jail.”
The Range called Cassidy for comment regarding this latest lawsuit, but received a message back from public information officer Rodney Campbell letting us know that Cassidy is unable to comment because he is named in the suit. The Range hopes to connect with Campbell today to find out about champagne toasts and other matters— including an action item on the council’s agenda last Tuesday night. The council approved an ordinance amending town code to eliminate the requirement for Town Council approval of Marana Police Department rules and regulations, and to establish that police conduct business more separately from town officials while following federal and state law, as well as town code and ordinances.
“Under this change, the Town Council could not order the chief of police to disregard federal law, including the constitutional rights,” the lawsuit states.
Better late than never.
UPDATE:
Town of Marana Public Information Officer Rodney Campbell told The Range this morning that the champagne toast Town Manager Gilbert Davidson was greeted by at McClintock’s two days after Steve Blomquist’s arrest as described in the federal complaint was nothing more than Davidson’s wife’s birthday celebration.
Campbell says that the fact that the event occurred two days after the arrest is completely coincidental. He also added that Tracy Chamberlain, who is suing Phinny and Marana with other neighbors, was there video tapping Davidson’s arrival.
“She went right in their faces,” Campbell says.
A copy of the videos – Davidson and his wife arriving at McClintock’s and Blomquist’s arrest – is being made available to The Range, and making their way to Tucson Weekly TV soon.
This article appears in Dec 3-9, 2009.
WHAT A SOCIETY WE LIVE IN!!! It is quite astounding how one can go to a restaurant, be served a beer, thank the waiter, then have the beer taken away before the beer can be consumed or paid for (No harsh words or actions by anyone)… then be arrested for criminal trespass and disorderly conduct by the Marana Police for that very interaction. Who can logically explain the situation, and with what legal justification?
The laws are written to protect citizens civil rights. If the resaurant is built on a public easement, the developer has violated the law. Let’s watch how the Marana Town Council weighs in on this matter. How is it that the police department is called upon to guard the cozy relationship of the town of Marana and a developer?
To the Weekly, thanks for your continued coverage of this issue. I think that it is important to let the town know this is not just going to go away. If only the town of Tortolita had been allowed to exist. The Tortolita town council would have dealt with this long ago with the rights of the residents as a priority.
When the developers are allowed to make the rules and the town officials direct the police, it makes you wonder who is running the asylum? The neighbors are not the criminals.
Buyer Beware!
Based on the 12.01.09 Marana Council meeting, Roxanne Ziegler, confirmed that Marana Council member’s position is – neighboring properties and existing communities to property that has or will be annexed into the town, are openly contemptible to their town, and it’s council members.
There was no mistaking the position of the town’s council – if you are not a Marana citizen, or your property or community are not “specifically” within the town limits – you and your property are specifically and openly an acceptable casualty to Marana’s Council agenda. Even if you are located within the town’s Urban Growth Boundary.
This was an alarming confirmation to a landowner, like myself, who has twenty acres and a home that was part of a long existing neighborhood/community who became a victim of a deliberately orchestrated annexation agreement between the Town of Marana and a neighboring developer.
The outcome of which, was to specifically annex only certain parcels of land within an existing deeded community; purchased by an individual who wanted to become a developer, and not all properties in that community simply to prevent the remaining property owners from becoming Marana constituents. Deliberately and knowingly leaving what was left of a long existing deeded community in ruins. With land values and land use rights of those remaining land owners left to the sole discretion/whims of the Marana Council members.
Where are/have our elected Pima County Supervisors in all of this!?
When neighboring affected unincorporated Pima County landowners call Ann Day and she refuses to meet with them citing her decision to “‘wait and see” what the developer, Stephen Phinny, does in court because he is in trouble.” Where does that leave justice? …
Unfortunately, I can tell you where, – in the hands of those who have an agenda such as this.
The residents and taxpayers of Pima County deserve better!
-Tracy Chamberlain
How sad it is that corporate greed and developer wealth so easily influence the decision making minds of our elected officials, while local citizens who have used the public easement for years, have it vanquished from the records as though it never existed. Who is left to protect our civil rights when seemingly neither the police, nor the elected officials whose job it is to uphold the law, are doing so?
Any establishment reserves the right to reserve service to anyone. Mr. Blumquist showed up with a video camera in tow and planned to pick a fight and intentionally tresspass. He was very aware that he was not welcome and was tresspassed from the restaurant. He had been warned and informed of this on many, many ocassions. He chose to try and ruin some one’s wedding rehearsal dinner. He knew he was tresspassing by sitting down in the restaurant. For which he was arrested. If a tresspasser had been warned by the police to not sit on your front porch and proceeded to do so, wouldn’t you expect them to be removed from your property by the police?? Yes, you would!! Mr. Blumquist is challenging the laws that allow you to buy property and have it be private. He will fail. He has not had his day yet in court, but when he does, he will fail.
He should devote his time an money to helping those less fortunated in the community. He and his croanies are crying over the fact that years ago, Saguaro Ranch bought controlling property interest in one of their HOA’s, effectively dissolving it and they don’t think that people should be able to not be forced into their club.
All sour grapes and a waste of time for the courts and a waste of tax payer dollars.
Thanks Mr. Blumquist and company for wasting government money which could be going toward school books or saving someone’s job!!!!
With due respect, Mr. Johnson, your comments are decidedly ignorant and presumtive, not to mention atrociously bereft of basic grammar and spelling.
As a public easement, illegally forfeited by the town of Marana, Mr. Blumquist is entitled to occupy that area of the restaurant. Trespass is defined by ARS 13-1502-A-1 as knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry. Not once was he asked to leave during the incident, and after prior rulings, he had no precedent for legitimate requests to stay away. Presuming he knew of any wedding rehersal dinner requires an assumption that he was aware of all reservations for the restaurant that evening and their import.
Mr. Blumquist is not challenging the ability of home and land owners to qualify their properties as private, just the unfair and deceitful practices which allow developers to abandon public lands and trusts with the complicit help of elected officials. Please refer to the most recent headlines in Tucson Weekly.