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Legal Status of official English in Arizona
In 1986, this state had passed a referendum
declaring English its official language, but it was struck down by a state
court ruling, this state an official English ammendment to their state
constitution. It was struck down by an Arizona judge as unconstitutional
under federal law despite a U.S. Supreme Court ruling to the contrary.
ProEnglish founder Bob
Park had defended the law to the
U.S. Supreme Court. The number of Arizonans who speak little or no
English has risen 147% since 1990.
Proposition
106 was drafted to address the concerns raised by the courts about the
1986 amendment. In 2006, it passed by a 74% majority.
More than a quarter (25.8 percent), or more
than one million, of this state's residents speak a language other than
English in their home. More than 100,000 households are linguistically
isolated. The most common of these languages are Spanish, Navajo, German,
and Chinese.
In 2000, Arizona passed a law requiring
the use of English immersion programs in public schools for students who
did not speak English. Studies had found that Arizona's
incumbent system of bilingual education was badly failing Arizona's students.
The law excluded programs designed to maintain Native American languages,
and students who obtained waivers.
Languages in Arizona
The most common foreign languages spoken
in Arizona, and the number of speakers of each of those languages are:
Spanish, 695,000
German, 23, 185
Chinese, 14,275
French, 13,849
Tagalog, 8,901.
In addition, about 66,551 people speak Navajo, and 25,430 speak some other
indigenous North American language. (ProEnglish supports the preservation
of native-American languages.)
Arizona's Official English Law
PROPOSITION 106 (2006)
AMENDMENT TO THE ARIZONA CONSTITUTION,
ARTICLE XXVIII*
Article XXVIII. English as the official language
1. Definitions Section
1. In this article, unless the context otherwise requires:
"Government" includes all laws, public proceedings,
rules, publications, orders, actions, programs, policies, departments,
boards, agencies, organizations and instrumentalities of this state or
political subdivisions of this state, as appropriate under the circumstances
to a particular official action.
"Official action" includes the performance of any function
or action on behalf of this state or a political subdivision of this state
or required by state law that appears to present the views, position or
imprimatur of the state or political subdivision or that binds or commits
the state or political subdivision, but does not include:
(a) The teaching of or the encouragement of learning languages other than
English.
(b) Actions required under the federal individuals with disabilities education
act or other federal laws.
(c) Actions, documents or policies necessary for tourism, commerce or
international trade.
(d) Actions or documents that protect the public health and safety, including
law enforcement and emergency services.
(e) Actions that protect the rights of victims of crimes or criminal defendants.
(f) Using terms of art or phrases from languages other than English.
(g) Using or preserving native american languages.
(h) Providing assistance to hearing impaired or illiterate persons.
(i) Informal and nonbinding translations or communications among or between
representatives of government and other persons if this activity does
not affect or impair supervision, management, conduct or execution of
official actions and if the representatives of government make clear that
these translations or communications are unofficial and are not binding
on this state or a political subdivision of this state.
(j) Actions necessary to preserve the right to petition for the redress
of grievances.
"Preserve, protect and enhance the role of English"
includes:
(a) avoiding any official actions that ignore, harm or diminish the role
of English as the language of government.
(b) protecting the rights of persons in this state who use English.
(c) encouraging greater opportunities for individuals to learn the English
language.
(d) to the greatest extent possible under federal statute, providing services,
programs, publications, documents and materials in English.
"Representatives of government" includes all individuals
or entities during the performance of the individual's or entity's official
actions.
2. Official language of Arizona
the official language of the state of Arizona is English.
3. Preserving and enhancing the role of the official language; right
to use English
a. Representatives of government in this state shall preserve, protect
and enhance the role of English as the official language of the government
of Arizona.
b. A person shall not be discriminated against or penalized in any way
because the person uses or attempts to use English in public or private
communication.
4. Official actions to be conducted in English
Official actions shall be conducted in English.
5. Rules of construction
T his article shall not be construed to prohibit any representative of
government, including a member of the legislature, while performing official
duties, from communicating unofficially through any medium with another
person in a language other than English if official action is conducted
in English.
6. Standing; notification of attorney general; recovery of costs
a. a person who resides or does business in this state may file a civil
action for relief from any official action that violates this article
in a manner that causes injury to the person.
b. a person who resides or does business in this state and who contends
that this article is not being implemented or enforced may file a civil
action to determine if the failure or inaction complained of is a violation
of this article and for injunctive or mandatory relief.
c. a person shall not file an action under this section unless the person
has notified the attorney general of the alleged violation and the attorney
general or other appropriate representative of government has not provided
appropriate relief within a reasonable time under the circumstances. an
action filed under this section may be in addition to or in lieu of any
action by officers of this state, including the attorney general.
d. a person who files and is successful in an action under this section
may be awarded all costs expended or incurred in the action, including
reasonable attorney fees .
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