City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Special Meeting Minutes - Final Tuesday, December 6, 2022 3:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 3:00 p.m. 2. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. 3. ROLL CALL Present: 7- Councilmember Nancy Campbell, Councilmember David Lane, Councilmember Cameron Moses, Vice Mayor Jim Dolan, Mayor Cal Sheehy, Councilmember Jeni Coke and Councilmember Michele Lin 4. VOTE TO ADJOURN TO EXECUTIVE SESSION EXECUTIVE SESSION PURSUANT TO A.R.S. § 38-41.03(A): 1.) Discussion or Consultation for Legal Advice with the Attorney or Attorneys of the Public Body (A.R.S. § 38-431(A)(3)). A) Lake Havasu City Code § 9.26, Cabarets Any records or documents distributed to the City Council or any conversations occurring during executive session shall be kept confidential. Legal action involving a final vote or decision shall not be taken at an executive session. Councilmember Lane moved to adjourn to executive session, seconded by Councilmember Coke, and carried by the following vote: Aye: 7 - Councilmember Campbell, Councilmember Lane, Councilmember Moses, Vice Mayor Dolan, Mayor Sheehy, Councilmember Coke and Councilmember Lin 5. ADJOURN TO EXECUTIVE SESSION Lake Havasu City Page 1 Printed on 1/11/2023 City Council Minutes - Final December 6, 2022 The City Council adjourned to executive session at 3:02 p.m. 6. RECONVENE TO SPECIAL MEETING The City Council reconvened to special meeting at 4:38 p.m. 7. PUBLIC HEARING 7.1 ID 22-3576 Discussion and Possible Action, if Necessary, to Comply with Arizona Open Meeting Law Following the Executive Session Noticed Above Regarding: A) Lake Havasu City Code § 9.26, Cabarets City Attorney Kelly Garry stated the City Council met in executive session to discuss the cabaret chapter of the Lake Havasu City Code. She said the council discussed that the cabaret code as it is written is unconstitutional because it is overbreadth. She said an ordinance is impermissibly overbroad if it regulates more speech than necessary to protect the compelling government interests or, stated otherwise, regulates a substantial amount of constitutionally protected expression. Ms. Garry said, stated more simply, the definitions contained in the cabaret code are overbreadth and include dance and performance regardless of whether it falls under the category of an adult business. She said the intent of the code originally in 1993 was focused on adult oriented businesses. Ms. Garry said as an example, an individual entering an establishment to sing a song or play a guitar in Lake Havasu City that is licensed to sell alcohol and has a tip jar out would be in violation of the cabaret code. She said there is nothing about that type of performance that poses any risk to the community or would make you want to regulate that protected activity, and because that falls into the definition it makes it overbreadth and is legally unenforceable. Ms. Garry added that currently activities such as drag shows are constitutionally protected and there are no actions that the city can do constitutionally to prohibit or further restrict drag shows. She read a quote from the Texas v. Johnson Supreme Court case that states “If there is a bedrock principle underlying the first amendment it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable”. Mayor Sheehy opened the public hearing. The following individuals addressed the council and spoke in opposition to the AZ Pride Show event: • Ms. Kris Guilfoyle, citizen • Ms. Patty Brubaker, citizen • Ms. Debbie Fedak, citizen • Ms. Patty Villaneda, citzen • Mr. David Leslie, citizen • Ms. Ginger Dodier, citizen Lake Havasu City Page 2 Printed on 1/11/2023 City Council Minutes - Final December 6, 2022 Ms. Garry stated that state law allows municipalities to regulate sexually orientated businesses in accordance with Arizona Revised Statutes. She said the state statutes provide the definitions of adult entertainment, adult businesses, adult cabaret, and certain activities that would constitute a sexually orientated business in the State of Arizona. Ms. Kelly Meister, citizen, addressed the council and read the definition of cabaret. She said what she has been hearing about the AZ Pride Show event is about the children, but it is also about the LGBT community. Councilmember Campbell thanked the citizens for taking the time and allowing the council to go through this process. She spoke on the Constitution and State Statutes that govern and protect freedom of expression. She said there is no way to regulate this activity the way she would have liked and prohibiting children under 18 from attending. She said the city has to depend on the Police Department and State legislators to make sure the children are protected based on the State Statutes that are already in place to protect children. She said the City Council has done their due diligence and said she hopes the citizens understand and can come together as a community. Ms. Hadassa Golden, citizen, addressed the council regarding the AZ Pride Show event and asked what the next step is and what type of police presence will be at the event to ensure the safety of the children. Mayor Sheehy said in response to Ms. Golden’s questions, the city can look towards our history. He said this same event took place last year and there were no children there. He said the flyer for the AZ Pride Show event does not say that kids are allowed. He said it states all ages are welcome and if under 18 years of age you must be accompanied by a parent. He added that the marketing was eventually changed, and the first sentence was removed after public testimony at a prior council meeting. Mayor Sheehy added that the Police Department will be available for the event just as they are for every event in Lake Havasu City and the city is fully prepared for this event as they are for every other event. Mayor Sheehy said as far as the next step, citizens can reach out to state legislators because it is state law that predicates sexually orientated businesses for the State of Arizona. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Lane moved to direct the City Attorney to proceed as directed in executive session, seconded by Councilmember Moses, and carried by the following vote: Lake Havasu City Page 3 Printed on 1/11/2023 City Council Minutes - Final December 6, 2022 Aye: 7 - Councilmember Campbell, Councilmember Lane, Councilmember Moses, Vice Mayor Dolan, Mayor Sheehy, Councilmember Coke and Councilmember Lin 8. ADJOURN Upon motion by Councilmember Lane, and seconded, the meeting adjourned at 5:16 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Special Meeting Minutes of the Lake Havasu City Council held on the 6th day of December, 2022. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 4 Printed on 1/11/2023