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- Creators: School of Public Affairs
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Description
The purpose of this paper is to examine the impact of various sociolegal practices of urban public park management on the populace that can access a public park. The theories of environmental justice, critiques of distribution theory, Henri Lefebvre's right to the city, and sustainability are used as justification for this analysis: environmental justice considers the social implications of environmental benefits and burdens; critiques of distribution theory reveal the need to look beyond siting and proximity in environmental justice studies of urban parks; Henri Lefebvre's right to the city espouses the right of citizens to inhabit urban areas; and sustainability requires the balance of environmental, economic, and social factors in urban development. Applying these theories to urban parks reveals sociolegal factors that may inhibit public park use by a diverse public, namely environmental gentrification, park ownership, city ordinances, and physical layout. Each of these create barriers to park use by low-income, minority residents; even those that may live in close proximity to the park. These barriers violate environmental justice, right to the city, and sustainability principles in different ways but create two main problems: displacement and policing of vulnerable populations. This paper concludes with policy recommendations to alleviate the problems posed by these barriers.
ContributorsRugland, Erin (Author) / Lucio, Joanna (Thesis director) / Kim, Yushim (Committee member) / School of Public Affairs (Contributor) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2017-12
Description
Arizona’s Dram Shop Statute, specifically ARS 4-311, was enacted in 1986 to hold liquor licensees financially responsible for any injuries or deaths that arise from the service and consumption of alcohol by customers of their establishment. The intent of such policies was to mitigate instances of driving under the influence of alcohol. However, evidence shows that such statutes have little to no effect on incidents of drunk driving in the State of Arizona, yet are detrimental to the viability of local restaurants and bars. The full liability that businesses in this industry face has an adverse effect on the following:
• The ability of establishments to obtain and maintain insurance coverage
• Limits the number of insurance carriers in Arizona, which increases the cost of such coverage.
• Expensive insurance directly affects business profitability:
o restricting their ability to make capital purchases
o limiting their ability to make local investments
o reduces state income tax revenue
o the need to reduce their staff or close their doors completely
o less money that any local business can bring to their bottom line is less money that they are able to
o reinvest in their community, their city, and in their state
In an effort to reduce the burdens imposed on Arizona’s restaurant and bar industry, I propose legislative changes to Arizona Revised Statute 4-311. These legislative changes would not only aid these small businesses in their efforts to be profitable and serve their communities, but would be beneficial to local cities and the State of Arizona alike. I would propose the following:
• Place a burden of proof on the plaintiff that a customer was served in an “obviously intoxicated” state as defined in A.R.S 4-311 (D), diminishing the ability to file suits based solely on the driver’s BAC of .08 or above.
• Strike all claims with basis on “known or should have known” judge made and judge applied common law standard that has not been incorporated in to the Arizona Dram Shop Statutes through legislation.
With these changes to Arizona Dram Shop Statutes, local restaurants and bars could contribute not only to their local economies, but also to support deterrence of the crime through a .5% tax on liquor sales generated through the sale of such in a liquor licensed establishment. This tax would amount to approximately $27* million dollars annually for the State of Arizona. This additional tax revenue would go directly to their local police departments to specifically fund increased efforts to deter instances of drunk driving. This deterrence could be achieved through increased police presence, hiring and training officers in the specialty of detecting drunk drivers, and/or conducting additional sobriety checkpoints throughout the state. Currently, a few other states (MD 9%, MN 2.5%, ND 7%, D.C 10%) have implemented a small tax on retail sales of liquor in addition to the various excise tax imposed at the wholesale and/or manufacturing level.
• The ability of establishments to obtain and maintain insurance coverage
• Limits the number of insurance carriers in Arizona, which increases the cost of such coverage.
• Expensive insurance directly affects business profitability:
o restricting their ability to make capital purchases
o limiting their ability to make local investments
o reduces state income tax revenue
o the need to reduce their staff or close their doors completely
o less money that any local business can bring to their bottom line is less money that they are able to
o reinvest in their community, their city, and in their state
In an effort to reduce the burdens imposed on Arizona’s restaurant and bar industry, I propose legislative changes to Arizona Revised Statute 4-311. These legislative changes would not only aid these small businesses in their efforts to be profitable and serve their communities, but would be beneficial to local cities and the State of Arizona alike. I would propose the following:
• Place a burden of proof on the plaintiff that a customer was served in an “obviously intoxicated” state as defined in A.R.S 4-311 (D), diminishing the ability to file suits based solely on the driver’s BAC of .08 or above.
• Strike all claims with basis on “known or should have known” judge made and judge applied common law standard that has not been incorporated in to the Arizona Dram Shop Statutes through legislation.
With these changes to Arizona Dram Shop Statutes, local restaurants and bars could contribute not only to their local economies, but also to support deterrence of the crime through a .5% tax on liquor sales generated through the sale of such in a liquor licensed establishment. This tax would amount to approximately $27* million dollars annually for the State of Arizona. This additional tax revenue would go directly to their local police departments to specifically fund increased efforts to deter instances of drunk driving. This deterrence could be achieved through increased police presence, hiring and training officers in the specialty of detecting drunk drivers, and/or conducting additional sobriety checkpoints throughout the state. Currently, a few other states (MD 9%, MN 2.5%, ND 7%, D.C 10%) have implemented a small tax on retail sales of liquor in addition to the various excise tax imposed at the wholesale and/or manufacturing level.
ContributorsRutten, Lori Ann (Author) / Novak, Shawn (Thesis director) / Herbert, Anne (Committee member) / School of Public Affairs (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12
Description
Climate change has necessitated the transition from non-renewable energy sources such as coal, oil, and natural gas to renewable, low-carbon energy sources such as solar, wind, and hydroelectric. These energy sources, although much better equipped to reduce carbon-induced climate change, require materials that pollute the environment when mined and can release toxic waste during processing and disposal. Critical minerals are used in low-carbon renewable energy, and they are subject to both the environmental issues that accompany regular mineral extraction as well as issues related to scarcity from geopolitical issues, trade policy, and geological rarity. Tellurium is a critical mineral produced primarily as a byproduct of copper and used in cadmium-telluride (CdTe) solar panels. As these solar panels become more common, the problems that arise with many critical minerals’ usage (pollution, unfair distribution, human health complications) become more apparent. Looking at these issues through an energy justice framework can help to ensure availability, sustainability, inter/intragenerational equity, and accountability, and this framework can provide a more nuanced understanding of the costs and the benefits that will accrue with the transition to low-carbon, renewable energy. Energy justice issues surrounding the extraction of critical minerals will become increasingly prevalent as more countries pledge to have a zero-carbon future.
ContributorsMaas, Samantha (Author) / Jalbert, Kirk (Thesis director) / Chester, Mikhail (Committee member) / Barrett, The Honors College (Contributor) / School of Public Affairs (Contributor) / School of Life Sciences (Contributor)
Created2022-05