IJ Fights Zoning Board Trying to Muzzle Free Speech

To many Americans, Arizona is the picture of the Wild West. The Grand Canyon, the towering Saguaro cacti, and the ancient petrified forest all bring to mind a wilderness still waiting to be tamed. That idea of Arizona freedom is what drew Joshua Killeen to return to his home state with his wife Emily. Joshua and Emily moved from California and bought undeveloped desert property in Yavapai County, in the heart of the state, envisioning a modest home for themselves and a rustic wellness and wedding retreat. Their goal was to live and run a business on their own land in harmony with the environment and with a minimum of debt.

https://ij.org/case/yavapai-free-speech-and-association/

However, their entrepreneurial vision ran into the harsh reality of the Yavapai County’s expansive zoning code. While hearty pioneers may have ventured into the American West to carve out a living with few rules or laws to govern them, today building anything bigger than a shed requires complying with extensive red tape.

Naively thinking they could homestead without dozens of government permission slips, Joshua and Emily built their American Dream. But in June 2018, the county told them they were not in code compliance and that they could not open their retreat for events until they acquired the permits. But the county’s punishment didn’t stop there, officials also directed them to pull down any online advertisements saying that their business would be “coming soon” or taking any advanced bookings. The county also banned Joshua and Emily from having friends and neighbors over for yoga and potluck meals, even though those events were free of charge and outside.

Zoning codes often micromanage how Americans can use their property, but they cannot do so in a way that violates the U.S. Constitution, especially one’s constitutional rights to free speech and association. Joshua and Emily have teamed up with the Institute for Justice to protect their right to communicate about their future business and to welcome their friends onto their property for food, fellowship and exercise. Zoning authorities can’t punish violations any way they want. They must follow the Constitution.
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