Arizona Democrats in tough spot over ‘tamale bill’ Katie Hobbs vetoed

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Legislative Democrats will find themselves choosing between their freshman governor and a key constituency Tuesday.

Democrats in both chambers of the Arizona Legislature have announced that they wouldn’t defy Gov. Katie Hobbs on her veto of a measure allowing the sale of more cottage foods like tamales.

House Bill 2509 would have legalized the sale of many types of common street food in Arizona. It passed the state Legislature with a supermajority.

But Hobbs vetoed the measure, citing public health concerns.

“This bill would significantly increase the risk of food-borne illness by expanding the ability of cottage food vendors to sell high-risk foods,” she wrote in her veto letter.

The National Hispanic Caucus of State Legislators called on lawmakers to maintain their original stances and override the veto, saying the homemade food industry has kept their communities afloat for many years.

“For many Hispanic populations, selling homemade food is a family tradition passed down from generation to generation. Many low-income Americans need it to supplement their income in the face of disparities,” the letter from the NHCSL said. “By signing this bill, the Governor had an opportunity to support the Hispanic community and the personal freedom that should be accessible to everyone.”

🚨 BREAKING🚨 The National Hispanic Caucus of State Legislators voted today to support the efforts to override Gov. Hobbs’s veto on HB2509 for the reasons listed below. Various members of this organization have introduced this legislation it is not a political power struggle ⬇️ pic.twitter.com/6DMdsXFyTQ— (((Rep.Alma Hernandez))) (@almaforarizona) April 23, 2023

The organization cited a similar Maryland bill from 2012 and the minimal evidence of health risks when broadening street food laws as their reasoning to support an override.

The bill seemed ready for an override, but state Senate Democrats decided that they would not go along with Republicans on it, presumably to stay on the same page as Hobbs.

“The bill, which we recognize has some benefits, also has some concerns brought forward by health advocates after the final vote. Our promise to Arizona is that we work to enact the best policy to protect consumers and sellers,” the caucus said in a statement last week. 

House Democrats followed suit Monday.

“House Democrats will not override the veto of House Bill 2509,” the statement from party leadership said. “We will work with our legislative colleagues on improved policy that will support Arizona’s small business owners and cottage food entrepreneurs—and we’d like to get this done this session.”

House Republican leaders have indicated plans to call the override vote Tuesday, organizing several street vendors to appear outside of the Capitol. 

Republished with the permission of The Center Square.