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Ruiz v. Symington6/11/1996
WEISBERG, Judge
Plaintiffs appeal the trial court's grant of summary judgment in favor of Defendants State of Arizona, Fife Symington III, Governor of Arizona, Grant Woods, Attorney General of Arizona, and Intervenors Arizonans for Official English and Robert D. Park (AOE). Intervenors cross-appeal the trial court's denial of their motion for attorneys' fees. We affirm in part and reverse in part.
FACTUAL AND PROCEDURAL HISTORY
In November 1988, Arizona enacted, by voter initiative, Article XXVIII (Article 28) of the Arizona Constitution:
ARTICLE XXVIII. ENGLISH AS THE OFFICIAL LANGUAGE
l. English as the Official Language; Applicability.
Section 1. (1) The English language is the official language of the State of Arizona.
(2) As the official language of this State, the English language is the language of the ballot, the public schools and all government functions and actions.
(3)(a) This Article applies to:
(i) the legislative, executive and judicial branches of the government,
(ii) all political subdivisions, departments, agencies, organizations, and instrumentalities of this State, including local governments and municipalities,
(iii) all statutes, ordinances, rules, orders, programs and policies,
(iv) all government officials and employees during the performance of government business.
(b) As used in this Article, the phrase "This State and all political subdivisions of this State" shall include every entity, person, action or item described in this section, as appropriate to the circumstances.
2. Requiring This State to Preserve, Protect and Enhance
English.
Section 2. This State and all political subdivisions of this State shall take all reasonable steps to preserve, protect and enhance the role of the English language as the official language of the State of Arizona.
3. Prohibiting This State from Using or Requiring the Use of Languages Other Than English; Exceptions.
Section 3. (1) Except as provided in Subsection (2):
(a) This State and all political subdivisions of this State shall act in English and in no other language.
(b) No entity to which this Article applies shall make or enforce a law, order, decree or policy which requires the use of a language other than English.
(c) No governmental document shall be valid, effective or enforceable unless it is in the English language.
(2) This State and all political subdivisions of this State may act in a language other than English under any of the following circumstances:
(a) to assist students who are not proficient in the English language, to the extent necessary to comply with federal law, by giving educational instruction in a language other than English to provide as rapid as possible a transition to English.
(b) to comply with other federal laws.
(c) to teach a student a foreign language as part of a required or voluntary educational curriculum.
(d) to protect public health or safety.
(e) to protect the rights of criminal defendants or victims of crime.
4. Enforcement; Standing.
Section 4. A person who resides in or does business in this State shall have standing to bring suit to enforce this Article in a court of record of the State. The Legislature may enact reasonable limitations on the time and manner of bringing suit under this subsection.
In November 1988, Maria Yniguez, a bilingual state employee who communicated in
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