AG Brnovich Files Special Action with AZ Supreme Court to Overturn Unconstitutional City of Phoenix Sky Harbor Rideshare Fee

AGO Also Asks Supreme Court to Stay the Ordinance to Stop Fees From Going Into Effect on February 1  

PHOENIX – Arizona Attorney General Mark Brnovich's Office filed a special action with the Arizona Supreme Court Tuesday asking the Court to resolve the constitutionality of the City of Phoenix's Sky Harbor rideshare ordinance. Additionally, the AGO filed a request with the Supreme Court Tuesday to stay the Ordinance, which if granted, would halt the new rideshare fee from going into effect until the Court has a chance to rule on the constitutionality of the fee. 

Last Thursday, the AGO released its findings in the Office's investigation of the rideshare fees set to go into effect on February 1. That investigation determined that the City's new fees very likely violate Article IX, § 25 of the Arizona Constitution. The AGO's determination and subsequent filing today triggers a mandatory review of the City's policy by the Arizona Supreme Court. Per statute, the matter is to be given "precedence over all other cases." The AGO is requesting that the Supreme Court declare the Ordinance in violation of the Arizona Constitution and therefore null and void.

A copy of special action challenging the constitutionality of City of Phoenix rideshare ordinance.

A copy of the request to stay the new rideshare fees from taking effect on February 1.

On Wednesday morning, the AGO submitted a notice supplemental authority at the Arizona Supreme Court after Uber sent a letter to the City of Phoenix Tuesday night stating it will pull out of the airport by January 31, 2020.

Copy of supplemental authority.

Scheduling Order.