A federal judge dismissed a lawsuit by progressive group Living United for Change in Arizona (LUCHA) and eight members challenging their exclusion from the Arizona House and Senate during the 2026 session.
U.S. District Judge Susan Brnovich ruled Sept. 2 that the claims were moot because the bans expired when lawmakers adjourned June 12, KJZZ reported. She did not decide whether Senate President Warren Petersen or House Speaker Steve Montenegro violated the activists’ First Amendment, equal protection, or due process rights.
The group filed the civil rights case April 3 under 42 U.S.C. § 1983. LUCHA said members were threatened with arrest and barred for the session after protesting Republican immigration legislation. Its complaint sought a declaration that the restrictions were unconstitutional and an order restoring access.
Legislative leaders said the exclusions followed disruptions. During one committee hearing, activists chanted against Immigration and Customs Enforcement, forcing lawmakers to recess. In another, defense attorneys said protesters used whistles and shouting until proceedings stopped, the Arizona Daily Star reported. LUCHA countered that members were punished for political expression and alleged Latino activists were treated differently from white visitors engaging in similar conduct.
House and Senate spokespeople confirmed the bans are no longer active. House spokesman Andrew Wilder said visitors who follow chamber rules are welcome. LUCHA responded that the case was dismissed because the restrictions expired, not because a court found the underlying conduct lawful.
Brnovich allowed the plaintiffs to amend their complaint. To proceed, they would need to describe concrete plans for similar protest activity next session and show a credible threat of renewed exclusion. LUCHA is reviewing whether to amend the case or seek an agreement with legislative leaders.
The ruling leaves unresolved how far legislative leaders may go in barring protesters beyond the meeting where disruption occurs.
