Lobbying: Why it is Necessary

By Richard Marmor, Esq.
AZSA Legal & Legislative Chair

At a gathering recently, when asked, I noted that one of the things that I do is to serve as the lobbyist for the self-storage industry in Arizona. This is always met with a variety of reactions, some, as then, negative. “What is it that you think I do?” I asked the person behind the “hrmph.”

“Nothing personal,” he began–although inescapably it was personal–“but lobbyists are destroying this country.” He went on to parrot a lot of negative propaganda about lobbyists buying politicians and subverting the political process. I found this latter observation to be ironic, given that there no longer seems to be a “political process” either in Washington or in Arizona, just posturing and obstinacy. 

Without doubt there are unethical lobbyists, but to paint all of us with the colors of their failings is both illogical and grotesquely unfair. There are honest auto mechanics and unethical ones, good and crooked roofers, etc.

Such a blanket indictment also suggests that all politicians are available for sale. The last thing I am going to do is to defend either Congress or the Arizona Legislature, neither of which organization is functional or worthy of our institutional respect anymore. On the other hand I can say this. Regardless of their party, the overwhelming majority of legislators with whom I have dealt were there out of sense of duty, pursuing what they believed to be right. Of course, as we have seen, what some of them believe to be right can often be bizarre. That’s not dishonesty, however.

I can say the same for the lobbyists with whom I have interacted. They are only effective if they can be believed, so they take their integrity very seriously. 

So where do we lobbyists really fit into the scheme? Two examples may make that clear. In 2005, a bill was introduced targeting “used motor vehicle dealers,” defined there as any “person...who buys, sells, auctions...four or more used motor vehicles in a continuous twelve month period." The measure was actually aimed at the big, Scottsdale auto auctions. What lawmaker was going to recognize that any self-storage, particularly those with rv storage, could easily be forced to sell four vehicles in twelve months and thus be dragged under this law? It was necessary for me, a lobbyist representing self-storage, to educate all of the interested parties as to the unintended consequences of that definition, and to then help craft a sensible exclusion based upon my knowledge of self-storage.

In 2001, in the face of a series of class action lawsuits across the country, it was clear that self-storage needed legislation to protect its ability to charge late fees. How is a person who knows nothing about the self-storage business to draft such a law? Again it was up to me, a lobbyist, to craft something that could work and then to satisfy the lawmakers that what was proposed was reasonable and appropriate in the circumstance.

The recent spate of political campaign ads were particularly galling, as they attached the word “lobbyist” to candidates as if that is understood to be pejorative, something to be condemned.

The fact is that lobbying is a necessary function. No legislature could properly operate without it.  

No lawmakers, no matter how well-intentioned and educated, can know or understand all of the circumstances surrounding the tremendous array of matters that cross their desks. Neither can they anticipate a legitimate need that some group or industry may have. Someone familiar with those issues has to bring it to their attention and educate them.

So it was in 2010 when I introduced and promoted a change to our self-storage statutes doing away with expensive and pointless newspaper advertising, and freed us from useless and costly certified mailings, nothing nefarious was involved. No one was paid off, and nothing about the process was underhanded. We had a legitimate need that would not otherwise have come about without lobbying efforts.

So next time someone spouts some negative nonsense about lobbyists, ask them to be specific. My bet is that what they really don’t like is a result being pursued by some industry that is on the opposite side from their opinion. But like self-storage, they’re entitled to ask. That’s not the lobbyist’s fault. As they say, don’t shoot the messenger.

[This article deals with a law related subject at a general level and is not intended for you to rely on. You should consult a lawyer before making a final decision in a situation involving any legal issues.] 

Richard Marmor, Esq. is a self-storage consultant, facility owner and former facility operator in the Phoenix area.  He is also the founding President and current member of the Board of Directors of the Arizona Self-Storage Association, serving as Chair of the Legal and Legislative Committee. 

Source: Behind Closed Doors, AZSA Newsletter Archives