Tag Archives: HB 2284

The problem with HB 2284? Nothing, really.

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OPINION by Glen Davis

EJ Montini of the Arizona Republic apparently has a problem with Arizona HB 2284. This bill would allow the Director of the Department of Health Services to inspect, or send a duly designated agent, to inspect abortion clinics if there is “reasonable cause” to believe they are violating the law or rules concerning abortion.

His argument is that they have this authority already if they obtain a warrant.

Mr. Montini does not seem to have a problem with warrantless searches of restaurants by county health departments. Especially to make sure they are adhering to an unconstitutional law against allowing smoking in their business.

I do not know if he has a problem with Obamacare guidelines which allow warrantless inspections of homes of “at risk” families. These include Veterans who have honorably served our country, homes with pregnant women under the age of 21, homes of student that have children with low student achievement, homes of tobacco users, families with substance abuse problems, and so-forth.

I do not know how you determine a student of low achievement since common core curriculum does not require you to get the right answer, but whatever…

This provision is not unusual. ARS 36-463.02 allows inspections of clinical laboratories. Although 36-495.07 does limit inspections of environmental laboratories to an annual occurrence, no warrant is required. ARS 36-855 allows the warrantless inspection of child care facilities by local or State health departments. We have mine inspectors and even a guy to run around and check railroad crossing signals. We can send police to find out why kids are not in school without a warrant.

The point is that any organization licensed to do business affecting the health and safety of the public, in some fashion, agreeing to warrantless inspections on the city, county or State level. It is rather difficult to understand why abortion clinics should be exempt.

SEE ALSO: Center for Arizona Policy

Two House proposals raise Constitutional concerns.

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Republicans in the Arizona legislature are submitting several bills aimed at protecting the rights of the citizens of Arizona. In their zeal of patriotism, however, two bills have been submitted concerning patriotic oaths that are causing concern.

Although one might question why one would be reluctant to take a patriotic oath of allegiance to the country, they may violate the First Amendment right of the individual. If they were to pass and somehow merit the signature of the governor, they would almost certainly wind up in the courts.

HB 2284, sponsored by Representative Steve Smith would require schools in grades one to twelve to set aside a specific time during the day in which students would be required to recite the Pledge of Allegiance unless their parents specifically request the pupil be excused.

According to AZCentral, Representative Smith said he introduced the legislation in response to a Maricopa high-school student who last year reported feeling mocked and embarrassed after she was the only one in her class to stand and say the pledge.

Making time for students who want to voluntarily say the Pledge should not pose a problem, but forcing them is raising First Amendment concerns.

Another bill raising constitutional eyebrows is sponsored by freshman Representative Bob Thorpe. HB 2467, would require students to take an oath to support and defend the Constitution similar to those required by public officials. In addition to passing the required course of instruction, the principle or head teacher of a school would have to certify in writing that the student performed the following oath:

I, _________, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge these duties; So help me God.

Representative Thorpe said that the intent was to inspire the students to further study the Constitution. He said, however, that he intends to change the wording of the bill to make it voluntary.

“Both bills are clearly unconstitutional, ironically enough,” said American Civil Liberties Union of Arizona Public Policy Director Anjali Abraham in the AZCentral article. “You can’t require students to attend school … and then require them to either pledge allegiance to the flag or swear this loyalty oath in order to graduate. It’s a violation of the First Amendment.”