Attorney general is asked to look into Phoenix Uber/Lyft fees at Sky Harbor

from Uber and Lyft.

Both companies are threatening to end curbside service at Sky Harbor, raising the prospect of mass confusion as travelers step out of an airport that prides itself as America’s friendliest.

State Rep. Nancy Barto, R-Phoenix, not only disagrees with the fee but argues it violates a provision of the state Constitution approved by voters as Proposition 126 last year that prohibits new or increased taxes on services.

“It is such a blatant disregard of the will of Arizona voters who passed Prop. 126 in 2018,” Barto said.

Under Arizona law, any legislator can direct the attorney general to investigate local government policies that might violate the state constitution.

An offending local government has 30 days to change its policies if the attorney general finds it is running afoul of Arizona’s constitution, or the state can cut off funding. Known as an SB 1487 investigation, the process has been used to quash local regulations of vacation rentals, plastic bags and confiscated firearms.

Barto filed a complaint process on Thursday. under the

City Attorney Cris Meyer has argued that the fee increase is constitutional, contending it is a fee for accessing municipal property — in this case, the curb of the airport.

“The constitution does not bar municipalities from charging a fee to access

and use municipal-owned property,” he said. “Many companies, from ground transportation to concessions, pay fees to conduct commercial business that provide services to customers at the airport.”

City officials have argued that the fee is not a tax but merely the price of using the curb at the airport.

Barto’s complaint did not come as a surprise.

Barto, who is running for state Senate, had said she would file such a complaint after the council initially voted on the fee increase during an Oct. 16 meeting. The council had to to vote again this month due to a technical problem.

The Attorney General’s Office did not immediately respond to a request for comment.