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Flagstaff council declines ordinance, keeps directive and adds signage and airport carve‑out after heated public debate on federal use of city property
Summary
Council debated whether to convert a manager directive into an ordinance governing partner use of city property, including whether to bar civil immigration enforcement without a warrant. The body declined the ordinance, directed immediate additions to the manager directive (signage and a TSA/airport carve‑out) and voted to enter executive session to consider warrant language.
Mayor Becky Daget convened a lengthy discussion April 7 after the city manager and city attorney presented a draft ordinance that would formalize a directive on how partner governments and nonprofits can request use of city‑owned property.
City Manager Joanne Keane said the March 4 directive had been adopted to provide a process for requests and that staff is now proposing an ordinance “that provides some guidance to those partner entities for what to do when they want to make those type of requests.” Keane said she remained concerned about potential challenges under Arizona’s 1487 statute and the fiscal risk of litigation. “I do continue to have concerns about 1487 claims and impact on our city resources,” she told council.
Deputy City Attorney Kevin Finel walked council through draft language that keeps decision authority with the city manager (or the mayor in a declared emergency) and adds three items staff recommended: a posted signage requirement at parks and facilities announcing permitted/expected uses, a clarification that joint operations and special events use their normal processes, and an express carve‑out to exclude federally mandated TSA/DHS operations at the airport from the ordinance’s permitting requirement.
Residents urged stronger, explicit limits on federal immigration enforcement. Eva Putoova, speaking for Keep Flagstaff Together, called the draft insufficient and urged council to add specific prohibitions — for example, forbidding city property from being used “as a staging area, processing location, or operations base for civil immigration enforcement actions without a judicial warrant.” Other speakers, including Maria Delos Anelis Castillo Rinkon, spoke about fear in the immigrant community and asked the council to adopt a clearer prohibition.
Council members described a tension between responding to community concerns and protecting city operations and finances. Several members said the city manager directive provides needed flexibility; others pressed for stronger council‑level policy. After debate the council voted not to adopt the draft ordinance on first reading. Instead, the council directed the city manager to add two specific items to the manager directive immediately (the signage requirement and the TSA/airport exemption) and approved a move into executive session to consider whether additional, narrower language (including the suggested judicial‑warrant prohibition) should be added.
Joanne Keane said she would update and republish the directive immediately with the signage and airport language; council authorized legal staff to research proposed warrant language and return with options. The council did not adopt a permanent ordinance at the meeting.
What's next: Keane will issue an amended city‑manager directive reflecting the signed changes and staff will brief council on any legal analysis about warrant‑based prohibitions before further action is taken.
