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CANELO — Residents who live on the west side of the Huachuca Mountains say they will not take any legal action to try to force the Army to keep Fort Huachuca’s West Gate open.
On Monday, more than 150 residents crowded into and outside a 1912 schoolhouse — now the Canelo Cowboy Church — to hear an attorney advise them that any thought about filing an injunction would be futile.
Attorney Peter Kelly of Palominas said the potential solution to the problem is “political, not legal.”
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On Feb. 15 the gate will have drastically reduced hours, going from being open 24 hours a day every day of the year, to four hours a day, Monday through Friday only.
The decision to restrict operation of a gate that provides access for more than 600 people on the west side of the post came from Army headquarters. The decision was made after a survey of traffic flow though the fort’s three gates last year.
The amount of the West Gates’ traffic average about 125 vehicles a day and keeping it open 24 hours every day of the year cost $300,000 annually.
Besides that gate, the East Gate will have its hours of operation reduced to 5 a.m. to 7 p.m. Monday through Friday from the previous 5 a.m. to 9 p.m. weekdays and 6 a.m. to 9 p.m. on weekends and being closed on federal holidays. The new hours went into effect Thursday.
The Main Gate will continue to operate 24 hours a day, every day of the year.
When the announcement came that the West Gate was only going to be open four hours a day on weekdays, the residents, many of them retired military, employees on the post and others who depended on using the road from the gate into Sierra Vista complained the closure was would close off access to medical providers, food and other shopping, doing volunteer work and additional impacts affecting their lifestyles. The decision, which was out of the hands of the post’s senior commanders, involves a nationwide contract for civilian gate guards throughout the Army.
With more than 30 years experience of legal work involving municipalities, states and federal agencies, Kelly said what is facing the people outside the West Gate is difficult.
“The problem here is fairly unique,” said the attorney, whose local work includes cases in Cochise County Superior Court and the federal court system in Arizona.
What he presented to the standing room only crowd — with some straining to listen as they stood outside — was Law 101.
Saying he was asked if an injunction to stop the gate’s closure, Kelly said he could not recommend that course of action.
Seeking an injunction is akin to a mini-trial with witnesses presented and then a decision to grant one usually happens if a judge believes the plaintiffs have a good chance of winning, he said.
To obtain an injunction involves “a high burden, a difficult burden (of proof),” in light of “the law says irreparable damage or harm (is done),” Kelly said.
Granting an injunction requires more than emotional feelings, the attorney said.
“Judges don’t issue injunctions on emotions,” Kelly said.
While some in the audience may not like what he said, Kelly added, “it’s a harsh answer.”
What those who want to keep the gate open have to look at addressing is how to get politicians involved in helping, he said.
“This is essentially a political issue,” Kelly said.
The pressure has to be put on the political people and the best way to do that is form a committee, he said.
“That’s my best advice. It should not be handled in a federal court,” Kelly said.
But, there was a however.
For those whose property values may decline if the gate remains closed, except for four hours a day, Kelly said people can seek relief under the inverse condemnation law, which recognizes actions by governments may lower property values.
That will require keeping accurate records he said, adding documentation that a committee will need to influence politicians to fight for their cause is equally critical.
Documentation to keep the gate open will have to include the impact closing it has on the people who have used it, to include how much longer it takes to get to Sierra Vista, the increase amount of miles driven and other facts, Kelly said.
The consensus of the group was to establish a committee to press their concerns on to people like Democratic U.S. Rep. Gabrielle Giffords, whose Sierra Vista office manager, Shay Saucedo, was at the meeting.
Kelly warned the group that it will be a hard fight because Army lawyers will argue, “They are not denying your right (to get to Sierra Vista). They’re just are making it more difficult.”
Saucedo said she will provide Giffords a full accounting of the meeting.
The congresswoman has received a number of e-mails and letter about the issue, she added.
Some in the audience demanded that Giffords meet with them, in their backyards, to see first hand the impact the restricting hours on the West Gate.
John Harrington, who attended the meeting, said, “She (Giffords) needs to get involved personally.”
Ross Romeo, who organized Monday’s meeting, said he and others are wanting to do something than just let the gate be closed, without them expressing their views of the decision’s impact will have on many people.
Listening to the comments at the meeting was John Maynard, Santa Cruz County Supervisor for District 3, which includes the area on the west side of the Huachuca Mountains.
Part of the area is in Cochise County, he said.
The Santa Cruz County supervisors must go on record seeking a way to keep the gate opened, Maynard said.
But equally as important, he believes, is that Santa Cruz and Cochise county supervisors should join in a joint resolution on the gate issue.
“This is an opportunity for us to speak with one voice,” Maynard said.
Herald/Review senior reporter Bill Hess can be reached at 515-4615 or by e-mail at bill.hess@svherald.com.
Ezai I. Martinez wrote on Jun 24, 2009 7:58 PM: