The Anti-Arizona Oath

[Myron Moskovitz]

Colleagues:

Last week, the City of Oakland retained me to represent the City in an
appeal.  Before the deal was sealed, I had to sign a bunch of forms –
promising not to discriminate in hiring employees (of which I have none), to
pay a “living wage”, and the like.



One of the forms is called “Declaration of Compliance with the Arizona
Resolution #82727.”

That Resolution provides:

RESOLVED: That unless and until Arizona rescinds SB 1070, the City of
Oakland urges City departments (1) to the extent where practicable, and in
instances where there is no significant additional cost to the city or
conflict with law, to refrain from entering into any new or amended
contracts to purchase goods or services from any company that is
headquartered in Arizona, (2) to not send City officials or employees to
conferences in Arizona, and (3) to review existing contracts for the
purchase of goods and services with companies headquartered in Arizona and
explore opportunities to discontinue those contracts consistent with the
terms of those contracts and principles of fiscal responsibility.



            Arizona’s SB 1070 generally provides that Arizona’s cops may
turn busted illegal aliens over to the feds for deportation.

See http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf



*            The form required that “I declare under penalty of perjury that
my company is NOT headquartered in Arizona.”*

* *

            Lacking strong views on the matter – and needing the $$$ - I
signed.  (No risk of perjury, as I’m headquartered – and hindquartered – in
California.)



            Had I a stronger backbone, might I have successfully challenged
the requirement that I sign the form in order to do business with the City
of Oakland?



            Some preliminary thoughts: no Dormant Commerce Clause challenge,
as Oakland is a “market participant.”  Interstate Privileges & Immunities –
as it affects my right to work somewhat?  (But do I have *standing* to raise
this, if I’m not headquartered in Arizona?)  Freedom of speech?  (Is it sort
of an oath of “disloyalty” to Arizona – to whom I have no particular loyalty
anyway?)



            Any further ideas?  Don’t bother suggesting “don’t bite the hand
that might feed me future cases.”  I already thought of that.




Myron
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