American Federation of State, County & Municipal Employees v. Lewis

OPINION

EUBANK, Judge.

The state appeals from a judgment on the pleadings in favor of the appellees holding that A.R.S. § 41-1609.01, which requires legislative council approval prior to any privatization of state prisons, is unconstitutional as “violative of the ‘Distribution of Powers’ art. Ill of the Arizona Constitution.” Appellees cross appeal from the trial court’s ruling that A.R.S. § 41-1609.01 does not constitute an unconstitutional delegation of state police powers.

On August 18,1987, the American Federation of State, County and Municipal Employees, AFL-CIO, Counsel 97, a labor…