Miss Nature LLC, which hosted the Arizona Pride Tour drag show at the Cottonwood Clubhouse on April 8, filed a discrimination complaint against the city of Cottonwood in March after the council voted against providing a liquor license for the event. Cottonwood’s lawyer has argued that the complaint should be dismissed and the matter is awaiting a decision by the Arizona Attorney General’s Office.
Cottonwood’s response to the complaint, sent to the Arizona Civil Rights Division, argued that “the city did not unlawfully discriminate against charging party based on sex, sexual orientation, gender identity or any other protected characteristic relating to the Arizona Pride Tour event held on April 8.”
At the City Council meeting on March 21, Mayor Tim Elinski said council did not normally discuss applications for liquor licenses, which are usually included in the consent agenda as non-controversial business. This particular application had been included under new business rather than the consent agenda because of the controversy surrounding the show, which had been on display at four previous council meetings.
State law requires the city to submit its approval or denial of a license to the Department of Liquor Licenses and Control Department when a special event liquor license application is submitted for an event held within the city.
“I know many will be protesting at the event and I can’t in good conscience allow alcohol to be served,” Elinski said, arguing that his decision was a response to unusual circumstances rather than a condemnation of the event.
Vice Mayor Debbie Wilden and Councilwoman Jackie Nairn also expressed concerns for public safety. The council denied the application with only Councilwoman Helaine Kurot in favor of approving it.
The council’s decision prompted Miss Nature manager Christopher Hall to file the complaint, along with a claim that other measures were taken that are not usually required for events at the venue.
Hall alleged that the city “did not inform us of the alleged safety concerns, nor did respondent engage in a conversation with us to mitigate the alleged safety concerns. Respondent [city of Cottonwood] did not adhere to its typical liquor license process with regard to our event.”
“I believe the alleged ‘safety concerns,’ the timing of respondent’s decision regarding our application, the new meeting to make our event 21+ after denying the liquor license application and the atypical liquor license denial are pretexts for discrimination based on sex, sexual orientation and gender identity,” the complaint stated.
“Mr. Hall makes unfounded accusations, which the city disputes,” the city’s reply stated. “Further, Mr. Hall provides no factual support or evidence to demonstrate how the city’s denial of the special event liquor license is discriminatory towards him based on sex, sexual orientation or gender identity. He has offered no evidence to support his claim … Mr. Hall was not denied use of the Club House and his event proceeded on April 8, 2023, without incident, in large part due to the city’s efforts to provide a safe environment and maintain order between protesting groups outside the event. The city’s decision to deny the special event liquor license had nothing whatsoever to do with Mr. Hall’s sex, sexual orientation or gender identity. Rather, the city adhered to state law and utilized its discretion to provide for the safety of the community.”
The response also argued that while Hall submitted the facility rental application, he did not submit the special event liquor license application in his personal capacity or on behalf of Miss Nature LLC. According to Arizona Revised Statute §4- 203.02(E), the granting of a liquor license is restricted “to a government entity or a political party or campaign committee … or a nonprofit entity … organized in this state or pursuant to the laws of another state and that is a nonprofit entity under section 501(c) of the internal revenue code.”
Miss Nature LLC is a for-profit limited liability company, not a government entity, political party or registered nonprofit.
The liquor license application for the event was submitted by Julie Fernatt on behalf of the Verde Valley Yavapai Democrats with Jim Ariola, owner of Old Town Red Rooster Café, being designated as the individual who would be serving liquor at the event.
In addition, the city’s reply argued that Hall did not have standing to complain about the special liquor license since the application was submitted by a third party.
“I think it could have been handled better,” Hall said. “It was obvious that it was an attack on the community and our event.”
Consequently, Hall plans to hold another event in Cottonwood on March 30, 2025.
“We want to send the message that whether it be for our own event in the future, or for other events that are similar that want to take place, that this type of behavior is not acceptable from the council, and that it is discriminatory at the end of the day,” Hall said.
While Cottonwood’s lawyers advised the Attorney General’s Office to dismiss the charge, it is still under investigation by the Arizona Civil Rights Division.
