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Public procurement preference margin
The Goldwater Institute brought suit against the city for this policy, arguing that —
Tucson’s bid preference law has dispensed with fundamental notions of fairness and openness in government procurement. In the process, the discriminatory policies have driven up costs for all Tucson taxpayers and put Tucson business at a competitive disadvantage. Still worse, not only are Tucson’s bid preference policies exceptionally bad policy, they are also illegal.
On November 21, 2014 Judge Gus Aragon of the Arizona Superior Court found in favor of the Goldwater Institute’s suit and granted the plaintiff’s motion for summary judgment. The judge found that the law violated both the U.S. Constitution (including the equal protection clause and the privileges and immunities clause) and the constitution of the state of Arizona (including the gift clause and the equal privileges and immunities clause). This ruling effectively rendered the law null. Tucson elected not to appeal this ruling to a higher court.
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