A judge could soon rule whether a $1 million appropriation to the Phoenix racetrack Turf Paradise violates the state constitution’s gift clause. Attorney General Kris Mayes says she agrees with the plaintiffs who are suing the state.
The new filing paves the way for a Maricopa County Superior Court judge to sign an order barring the Arizona Department of Racing from distributing the money.
The Gift Clause requires that public dollars be spent for true public purposes. State lawmakers included the Turf Paradise funds in the budget passed over the summer.
Plaintiffs Howard Mechanic and Ralph Hess argue the appropriation doesn’t serve a public purpose, as Turf Paradise wouldn’t have to perform any public function in exchange.
The plaintiffs also successfully challenged $15 million earmarked for the nonprofit Prescott Frontier Days rodeo a few months ago.
