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This is the Second Time Warden has caught attorneys for Tucson City Officials advancing a frivolous argument to protect an indefensible factual and legal position. The first time was in 2011, when Warden, while attempting to read from a court document proving Tucson City Manager Richard Miranda had engaged in acts (that) were so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community, was arrested and removed from a Tucson City Council meeting because Mayor Walkup deemed Wardens comments to be slanderous and impertinent. On October 3, 2011 Warden filed a Writ of Prohibition in Pima County Superior Court claiming the 38 year old Tucson Policy governing speech before the Mayor and Council was unconstitutional, as written and as applied. In their Motion to Dismiss the City argued, Why shucks Judge. That policy is legal. Its the SAME policy other Arizona municipalities employ to regulate speech before THEIR Mayors and Councils. Wardens answering brief so devastated the Citys legal position the City Attorney submitted a new argument at the next hearing, to wit: Warden no longer has standing to litigate this issue because tomorrow were changing our policy regulating speech before the Mayor and Council and implementing a brand new policy. On the basis of Tucsons retreat, Pima County Superior Court Judge Stephen Villarreal issued an order dismissing Wardens suit. Read the Judges Order, Warden says. To avoid the embarrassment of a Warden victory and a Court Order compelling them to change their policy, Tucson City Official s chickened out, backed down and rewrote their policy altogether, Warden says. Warden says he will address the insult to his person and his rights in another civil rights claim now pending before the U.S. District Court. To reprint, or re-publish this article, click HERE. roywarden@hotmail.com