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Arizona Supreme Court Affirms Constitutionality of TNC Access Fees Under Arizona Law

On April 2, 2020, the Arizona Supreme Court issued an Order declaring that the access fees the City of Phoenix charges ride-share companies like Uber and Lyft to make use of Phoenix Sky Harbor International Airport do not violate Arizona Constitution Article XI, Section 25, which generally prohibits new or increased taxes and fees on the privilege of providing services in Arizona.  Kaplan Kirsch & Rockwell drafted a friend-of-the-court brief (amicus brief) on behalf of the Phoenix-Mesa Gateway Airport Authority and the Arizona Airports Association urging the Court to find the fees constitutional because Section 25 does not apply to access and user fees.  The case was of great importance to airports and local governments throughout Arizona because a ruling against Phoenix could have led to a fundamental change in how airports and many local government operations finance their operations.

The Court’s decision was unanimous.  The Court did not issue a detailed opinion explaining its decision, but stated an opinion would be issued at a later date.

For further information, contact Eric Pilsk.

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