City of Tempe cleared in Arizona Coyotes referendum saga

Tempe, Arizona: The City of Tempe has been cleared of the allegation that it attempted to infuence the May 2023 Arizona Coyotes referendum election. The Arizona Attorney General’s Office has found that the city did not violate state law after reviewing the complaint.

The dismissed complaint alleged that Tempe City Council improperly used social media to promote the Tempe Entertainment District project in connection with a consulting contract with Strategy 48, and that some members of the Tempe City Council used city resources associated with their social media accounts to advocate for the project.

“All the public-facing communications released by the City which Strategy 48 participated in drafting, including the City’s TED webpage, were appropriately content neutral,” said the October 9 letter from Mary Curtin, Senior Litigation Counsel with the Solicitor General's Office.

In regard to the social media messages sent by some individual Councilmembers, according to state election law, elected officials may advocate for a particular election outcome, but they cannot use city resources to do so. According to the finding, no city resources were used to advocate for the Tempe Entertainment District referendum.

In May 2023, the Arizona Coyotes faced a pivotal moment in a referendum election held in Tempe, Arizona. The election revolved around three ballot propositions — 301, 302, and 303 — concerning the proposed construction of a $2.1 billion entertainment district that would include a new arena for the Coyotes, residential spaces, hotels, and retail stores.

The Coyotes had been searching for a new permanent home after issues with their lease at Gila River Arena in Glendale. The franchise had been playing at Mullett Arena, a smaller venue on the campus of Arizona State University, which was intended to be a temporary solution.

The Coyotes and their development partner, Bluebird Development, proposed to build a multi-purpose arena and entertainment complex on a former landfill in Tempe. The project would not only provide a long-term home for the team but also revitalize the area, creating jobs and new businesses.

The referendum asked Tempe residents to approve or reject the following:

Proposition 301: Zoning changes required for the construction of the entertainment district on the designated land. 56% voted No.

Proposition 302: An agreement to allow the Coyotes to lease the land for the proposed project. 56% voted No

Proposition 303: Authorization for a land-use agreement and tax breaks that would enable the Coyotes to receive financial incentives from the city for the project. 57% voted No