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Looters beware, legislator wants law to allow shooting them

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A Republican lawmaker who wants to allow business owners to maim or kill looters is under fire from progressive activists who say she’s inciting violence — and from her primary opponent, who says she stole his idea.

Sen. Michelle Ugenti-Rita, R-Scottsdale, explained in a lengthy Facebook post late last week that she was asking Gov. Doug Ducey to extend a legal justification for using force or deadly force to business owners or managers defending their property from criminal damage.

Neither Ugenti-Rita nor a Ducey spokesman returned calls for comment.

Michelle Ugenti-Rita
Michelle Ugenti-Rita

Arizona law already justifies the use of deadly force to prevent serious crimes including murder, kidnapping, sexual assault, armed robbery and burglary. The bill Ugenti-Rita said she plans to propose would extend that justification if the person believes force is necessary to prevent anyone from intentionally defacing or damaging property the person owns or manages.

In her Facebook post, Ugenti-Rita said she received many calls from constituents after a night of vandalism and looting at Scottsdale Fashion Square on May 30.

“Many, if not most, expressed a sentiment that these businesses were the livelihood for their and their employees’ families and they wanted to be able to defend them like their homes,” Ugenti-Rita said. “I agree that a business owner should have the ability to defend their property as a homeowner does. However, this is an action that should only be considered as a last resort and when all other options to protect oneself and one’s business have been exhausted.”

The looting, which happened among a nationwide wave of protests over police treatment of black Americans, was denounced by leaders of the Black Lives Matter movement as unrelated to the wider protests.

Ducey cited looting at the Scottsdale mall in explaining a statewide 8 p.m. curfew he instituted May 31. The curfew has since expired.

Ugenti-Rita’s primary challenger, Scottsdale attorney Alex Kolodin, said he thinks Ugenti-Rita stole the idea for her latest proposed bill from one of his own ads nearly a week before she made her post. And he said that’s proof that the hotly contested GOP primary is a race between a career politician and an outsider with fresh new ideas.

On May 31, the day after looting occurred, Kolodin posted photos of several Scottsdale businesses with graffiti and broken windows with a caption asking followers to let him know if they “think that the state ought to have police and citizens’ backs if they use force in defense of Scottsdale homes and businesses.”

He paid to promote the post, and said it was the second-best performing ad of his campaign. Because of that, he said, he’s quite sure Ugenti-Rita — or at least her campaign team — saw the ad.

“It’s important legislation. I’m glad that she took it and is running with it,” he said, adding that his goal as someone who wants to serve in government is to pass good legislation. “Heck, if I can do it without even being in office, great.”

Progressive activists and about half of the Legislative District 23 constituents who responded to Ugenti-Rita’s Facebook posts would disagree with characterizations of the proposal making a good bill. On Tuesday, the group Progress Now Arizona called on Ugenti-Rita to scrap the bill entirely, saying it would have a disproportionate impact on people of color.

“During a time where the nation is grieving for George Floyd, Dion Johnson, Breonna Taylor, Ahmaud Arbery, and countless other people who have been victims of racist police and civilian violence, it is repulsive that Sen. Ugenti-Rita would entertain the idea of justifying these types of murders even further,” Progress Now Arizona executive director Emily Kirkland said in a statement. “Property and products can be replaced, but Black and Brown lives cannot.”

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Ducey won’t renew statewide curfew, National Guard still on duty

Arizonans are now free to stay out all night if they want without fear of arrest.

In a series of tweets this morning, Gov. Doug Ducey announced he was not going to renew the 8 p.m. curfew he had imposed on May 31 following some rioting and looting at Scottsdale Fashion Square. Since that time there have not been major problems.

“I want to thank both the peaceful protestors and law enforcement professionals for their cooperation during Arizona’s statewide curfew,” Ducey wrote. “Arizona has avoided much of the violence we’ve seen in other states and large metro areas.”

Arizona has been the only place with a statewide curfew.

Repeated efforts to speak with Ducey have gone unanswered. That leaves only his Twitter messages.

“I’m also thankful to all Arizonans for their patients during this time,” the governor wrote.

“Our state and nation are facing multiple challenges, and I’m very appreciative for how the citizens and leaders of our state and conducting themselves during this historic moment,” Ducey continued.

But the governor also suggested that abolition of the curfew did not mean things were necessarily going back to the way they were before.

“With the curfew expiring, Arizona DPS will remain vigilant, working with local law enforcement leaders to ensure that they have the tools necessary to keep our streets safe and protect the rights of all residents to make their voices heard,” Ducey said.

But gubernatorial press aide Patrick Ptak said that the National Guard soldiers whom Ducey called out when he imposed his curfew are not standing down.

“The declaration of emergency is still in effect,” he said.

“It’s just the curfew that has expired,” Ptak continued. “And the Guard remains authorized to support local law enforcement.”

He had no immediate figures of how many soldiers are deployed. But as of last Thursday, Maj. Gen. Michael McGuire said he had 1,421 troops activated for law enforcement support.

That is on top of the 860 who already had been deployed to help Arizona deal with the COVID-19 outbreak, performing duties ranging from helping provide supplies to stores during the shortages that emerged when the outbreak began to setting up field hospitals and delivering medical supplies to the Navajo Nation.

Ptak also had no immediate cost figures for deployment of soldiers for law enforcement or how the state intends to pay, saying there may be a way to tap funds the governor made available when he issued his emergency declaration.

But, on the subject of a curfew, he echoed the governor’s sentiment that it was no longer necessary.

“We’ve had roughly eight days now of peaceful demonstrations,” Ptak said.

“The curfew was put in place after we saw the incidents last week in Scottsdale that involved looting and rioting,” he said. “It was meant as a tool for local law enforcement to be able to use, as needed, to prevent that type of looting and rioting.”

And Ptak said it was the right call.

“We just haven’t seen those situations which other states have seen,” he said.

Editor’s note: This story and headline has been revised to include comments from press aide Patrick Ptak.

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