Katie Hobbs Gets Singed After Unwrapping Tamale-tastrophe

Imelda Hartley has sold her homemade tamales outside of 24-hour convenience stores in Phoenix for a decade. But a surprising veto of HB 2509 by Governor Katie Hobbs could put an end to Hartley’s business.

The legislation, dubbed the "Tamale Bill" by supporters, passed the Arizona State Legislature with bipartisan support earlier in April. It expands the list of homemade foods that can be sold commercially to include perishable foods and certain items containing meat and dairy. Currently, vendors selling nonapproved items could face a $500 fine and up to six months in prison.

But Hobbs, who has vetoed more bills than any governor in Arizona history, rejected the bill on April 18.

"This bill would significantly increase the risk of food-borne illness by expanding the ability of cottage food vendors to sell high-risk foods," Hobbs said in her veto letter. "It fails to establish minimum standards for inspection of certification of home-based food businesses, and could limit the ability of [Arizona Department of Health Services] to investigate food-borne disease outbreaks."

Yet data from the Washington, D.C.-based Institute for Justice shows that states with similar laws have reported zero confirmed cases of foodborne illness.

“While many of the vetoes are expected and even warranted, this one was a head-scratcher,” Phoenix political strategist Barrett Marson told Phoenix New Times.

The veto didn't go over well with Hartley and other vendors who make their living selling homemade foods.

“We have rent to pay; we have children. We can’t all wait 10 years for a commercial license,” Hartley said. “Vendors are already harassed by police, by food trucks. Now we’re harassed by our governor, too.”

Lawmakers Fall Short of Override

As dozens of protestors picketed on the Capitol Lawn on Tuesday, lawmakers held a vote to overturn Hobbs’ veto.

Despite passing both the House and the Senate by a combined 71-15 margin — wide enough to overcome a veto — House members voted 35-23 to overturn the veto. They needed 40 votes to be successful.

“I hate that it became a partisan fight. It never was and never should have been,” Paul Avelar, a Phoenix attorney with the Institute for Justice, told New Times. “Katie Hobbs made it partisan.”

Hartley didn't mince words after the veto override failed.

“You let us down today. We’re here to say we will not be voting for you ever again," she said.

An Uncertain Future

In 2011, Arizona began permitting the commercial sale of shelf-stable foods produced in home kitchens. The initiative attracted more than 11,000 home chefs throughout the state. Hobbs, who was a member of the House at the time, opposed the bill and was among the only 11 dissenting votes.

Char Ugol runs the AllStar Sweets Bakery in Phoenix, a home-based confectionery that helps neurodiverse people gain work experience. Without a commercial license and with record inflation driving up the price of her signature cookie products, she intended to expand her menu to additional baked products to stay afloat. That’s no longer an option.

“Today, we’re going to have to close our bakery,” Ugol said at the protest.

Ken Holgate, a salsa maker who operates in northern Prescott Valley, shared the same concern. HB 2509 would have outlined a path for home chefs to sell their products online.

“Because this bill was vetoed, I can’t sell my products online,” Holgate said. “I don’t know if I’m going to be able to make it. This hurts my family, and it hurts my business.”

In 2022, Arizona received a "D" rating from the Institute for Justice for its restrictions on the types of homemade foods that can be sold. The state fared slightly better — a C+ — on all food freedom laws, according to the group.

“A supreme injustice has been done to these people today,” said Johnny Mendibles, executive director of the League of Veterans in Arizona, as he motioned to the dozens of food vendors who took part in the protest on Tuesday. “This is the people’s house, not the governor’s house.”

He left Hobbs with these bitter parting words: “You need to go home. And you need to stay home."