Phoenix sued for not releasing records tied to Suns arena renovations

A downtown real-estate developer is suing Phoenix for withholding public records related to the renovation of Talking Stick Resort Arena, home of the Phoenix Suns.

Phoenix has been exploring renovating the 26-year-old arena for more than a year. The City Council voted last year to pay a sports consultant $200,000 to study the idea and has met in executive-session meetings numerous times over the past year to discuss the state of negotiations with the Suns and the consultant.

Previously, the city also toyed with the idea of building a new shared arena for the Suns and Arizona Coyotes, although those discussions appeared to stall out over time.

Nearly all discussions about a new or renovated arena have taken place outside of the public sphere, which prompted developer Bramley Paulin to file a public-records request for more information, according to his attorney.

Paulin requested the following items: "All feasibility reports, concept reports or consultant studies prepared by or provided to the city by the Phoenix Suns or the Arizona Coyotes pertaining to the purchase, lease or renovations of the Talking Stick (Resort) Arena or any other sports facility, including any draft conceptual renovation information provided to the city by the Suns."

The conservative Goldwater Institute teamed with local attorney Alexander Kolodin to represent the developer after the city denied his request. The city cited a nondisclosure agreement with the Suns that prevented the release of some studies and reports.

Paulin filed a lawsuit against the city in Maricopa County Superior Court on Tuesday asking the court to require Phoenix to allow inspection of the requested records.

In an interview, Kolodin said the city cannot use a nondisclosure agreement to block its obligations under the state's public-records law. He's seen many excuses for denying public-records requests, he said, but Phoenix's reasoning "maybe takes the cake for creativity."

"The public has a right to know what's going on so they can have a say in the process," he said.

Julie Watters, Phoenix spokeswoman, said the Suns "have shared confidential documents with the city that describe the conceptual scope of proposed renovations and cost estimates. At least for now, disclosing these documents could prevent the city from receiving the best price for the work outlined in those documents."

"Generally, state law protects the procurement and negotiation process of public-works projects — like renovations of the city-owned (Talking Stick Resort Arena) — against public-records requests until a final contract has been awarded. When negotiations conclude, the procurement/negotiation file would be available as a public record," Watters said.

A representative from the Suns did not immediately respond to requests for comment.

In a statement, the Arizona Coyotes said, "We are not a party to this lawsuit and cannot comment on something we have never seen nor know anything about."

The Arizona Republic previously filed similar public-records requests for consultant reports related to the arena. City officials also told The Republic that a nondisclosure agreement with the Suns would prevent most documents from release until after negotiations are completed.

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