A group of Arizona State legislators are putting the Flagstaff City Council on notice.
Representatives David Marshall, Quang Nguyen, and Leo Biasiucci sent a letter to Flagstaff Mayor Becky Daggett warning her and members of the City Council that a new advertising policy that would prohibit “advertising that promotes, solicits, depicts, or markets the sale, use, rental, distribution, or availability of firearms, ammunition, or related goods or services,” could be illegal.
“The staff presentation linked to this agenda item indicates that this new policy is intended to replace the current advertising standard, which prohibits advertising that depicts “violence” or “antisocial behavior.” We trust that you realize, however, that the draft policy has nothing to do with “violence” or “antisocial behavior.” As written, the draft policy raises a host of constitutional concerns, including viewpoint discrimination, and very likely violates state law,” wrote the three lawmakers.
The issue gained national attention when the city denied an ad by Timberline Firearms and Training. The City claimed the ad depicted violence. However, according to Ammoland.com, the ad “actually shows happy customers holding firearms and an instructor working with a student at their indoor range.”
National statistics suggest roughly one in ten Americans engages in recreational shooting.
The Arizona Citizens Defense League (AZCDL) pointed out in a press release that Timberline Firearms and Training in Flagstaff “has bought advertising at the Flagstaff Airport for years. Visitors and locals alike were made aware of the store and the indoor shooting range facility when they were in the baggage claim area.”
“AzCDL has reviewed the proposed changes to advertising policy and found they violate a number of provisions of state law. In general, an Arizona municipality cannot ban advertising for a legal business, with some exceptions,” the organization explained in a press release. “They can regulate the size, lighting, and spacing of outdoor advertising signs along highways and roads under certain conditions, but this does not allow them to completely ban advertising. They also cannot require pre-approval for advertising content, except in the case of insurance administrators. State law also stipulates that municipalities cannot ban advertising for a legal business unless they can show it constitutes a threat to public health and safety. Timberline poses a threat to no one.”
The City Council held an Executive Session on Wednesday to get advice from city attorneys.
Currently, the proposed policy change does not appear on the September 19 City Council agenda.