Arizona Republicans Defend Capitol Trespass Notices as LUCHA Lawsuit Moves Forward

Arizona's top Republican legislative leaders are standing behind their decision to remove a pro-immigration activist group from the state Capitol, even as that group fights back in court over what it calls unconstitutional discrimination.

Senate President Warren Petersen (R-AZ) and House Speaker Steve Montenegro (R-AZ) are named as defendants in a lawsuit filed by Living United for Change in Arizona (LUCHA), after several of its members were handed trespass notices and blocked from entering the Senate building earlier this year.

Petersen has been direct in his defense of the decision. He told The Arizona Republic that the Senate worked with the Arizona Department of Public Safety to specifically identify individuals who disrupted committee proceedings.

"If people break the law here on the grounds of the Senate, they will not be permitted to return," he said.

Incidents During Committee

Phoenix New Times reported that the trespasses followed two separate incidents during Senate committee hearings in January and February, in which LUCHA members were present during demonstrations that included whistle-blowing, chanting, and raised fists.

The group was opposing two pieces of immigration legislation: a bill that would require ICE agents to be present at voting sites, and another that would make it illegal to alert others to the presence of ICE officers.

Senate spokesperson Kim Quintero (R-AZ) said the notices were "not directed at any organization or viewpoint," but were issued for conduct that violated established law and rules that apply equally to all Capitol visitors.

Arizona's Senate rules of decorum, posted in the building's lobby, explicitly prohibit loud talking, yelling, or applause that could interrupt legislative business, and warn that refusal to leave when asked may result in a trespassing violation.

Despite that defense, critics have raised questions about how individuals were selected.

Vague Selection

The notices themselves contained no names, no signatures, no official Senate letterhead, and no explanation of the specific conduct that triggered the ban, nor any process for appealing it.

State Senator Analise Ortiz (D-AZ) said she asked security for a list of those trespassed and never received a response. She said she has yet to hear back from either Petersen or the sergeant-at-arms.

Neither Petersen's office nor Montenegro's spokesperson responded to requests for comment on the lawsuit.

The two bills LUCHA was opposing have not yet passed the legislature.