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Warden Files Final Brief in His Challenge to Tucson’s “Civility Accord” “The Tucson City Attorney Has Been Caught Trying to Pull a ‘Fast One’ on the Court,” says Warden February 21, 2012 Tucson Arizona At the end of his closing brief in Warden v Walkup, Tucson City Activist Roy Warden directly challenged the integrity of Tucson City Government by issuing the following words: “Since the Mayor and Council are educated folk, guided and directed by the Tucson City Attorney, they cannot now claim ignorance of the law or the meaning of plain English to justify their abject failure to properly amend the former Rules of Decorum. Hence; the reason behind their failure to follow the law must lie…elsewhere.” In a footnote to the Court, Warden said: “The “reason” to silence Petitioner clearly lies within the meaning of Petitioner’s words to the Mayor and Council: they object to implied criticism of their hiring of Richard Miranda as Assistant City Manager, three weeks subsequent to paying 1.7 million dollars in damages, (not counting lawyer fees and court costs), to satisfy a 2006 federal jury verdict for 2.9 million dollars, including 2 million dollars in punitive damages, finding Richard Miranda responsible for acts of conspiracy and first amendment retaliation against Dr. Kevin Gilmartin.” Warden says the City of Tucson may seek to justify the former Rules of Decorum, adopted in 1982, because the law regarding speech before the Mayor and Council in effect then was later clarified in 1990, limiting the authority of the Mayor and Council to stop speech they claim is “impertinent, slanderous or profane” to occasions when uttering the

proscribed words actually causes public disturbance which interferes with the orderly conduct of the meeting. However; when the Tucson City Council adopted new rules on January 24, 2012, they were fully aware of the law clarification as set forth by the Ninth Circuit Court of Appeals in two cases, White vs. City of Norwalk (1990) and Norse vs. City of Santa Cruz, (2010). “Regarding Rules of Decorum regulating speech before the Mayor and Council, the City of Tucson knew at the time they adopted the “new” Rules of Decorum” exactly what the First Amendment and the law requires,” Warden said. “The Tucson City Council just doesn’t give a damn.” “They don’t want to follow the law, because frankly when it comes to the courts and court decisions adverse to their personal interests, they hold themselves above the law. “They showed exactly this same kind of contempt for the court, and the order of U.S. District Court Judge Frank Zapata in 2006, when they hired former Tucson Police Chief Richard Miranda as Assistant City Manager, immediately subsequent to paying over two million dollars in damages, fines and legal fees consequent to Miranda’s shocking conduct towards Dr. Gilmartin in 1998.” Warden says he’s hopeful Tucson’s new mayor, Jonathon Rothschild, will review the entire matter, and issue an apology to the citizens of Tucson. “Rothschild wasn’t responsible for hiring Richard Miranda or for former Mayor Bob Walkup arresting me when I spoke out against Tucson City corruption,” said Warden. “But now that Rothschild is the man in charge, it’s up to him to clean up the mess Walkup created, and to restore public confidence in the integrity of the Tucson City government.” “We the People are forced to abide by the Rule of Law, whether we like it or not. We certainly expect our elected and hired public officials to do the same.” Roy Warden