AZ Attorney General: Ducey's Bar Order Was Illegal

ARIZONA — Arizona Attorney General Mark Brnovich has sided with bars in their fight against Gov. Doug Ducey, who ordered some — but not all — of them to close amid a surge of coronavirus cases in June.

Brnovich filed a brief in a lawsuit against the governor, which challenges Ducey's June 29 order that shut down bars, gyms, movie theaters and water parks. As of August, that order expired and many businesses were allowed to reopen due to Arizona's improving coronavirus data. But many bars that don't serve food must remain closed.

To the attorney general, the decision was arbitrary and discriminatory.

"Nearly six months into the declared emergency, it is long past time for the governor to follow the constitution and convene the legislature rather than contravene lawful statutes through executive fiat," said the brief penned by Brnovich.

The Maricopa County court is expected to hear arguments in the matter Friday afternoon.

Currently, bars with series 6 and series 7 liquor licenses can only be open if they serve food. Series 6 licenses allow the sale of beer, wine and spirits. Series 7 licenses only allow beer and wine. Restaurants with a series 12 license can sell all types of alcohol but 40 percent of their revenue must come from food.

Bar owners and staff have railed against the order in recent weeks, with many filing suit against the governor and rallying at the Arizona State Capitol in protest.

Brnovich is arguing that because the governor acted without the conference of the state legislature, his order is unconstitutional.

"And because the governor’s orders must be consistent with the constitution, the
legislature did not confer in the power to issue orders that are 'arbitrary, unreasonable and discriminatory,'" the attorney general wrote.

A spokesperson for Brnovich declined to comment ahead of the hearing Friday.

Patrick Ptak, a spokesperson for Ducey, said that the governor remains undeterred in his attempts to mitigate a public health crisis.

"Throughout the response to COVID-19, the governor has had to make tough decisions to protect public health," Ptak said. "These executive authorities exist to protect public health, and the mitigation strategies set forward in the governor’s executive order have clearly made a positive impact in combating COVID-19. We will continue to prioritize protecting public health while following the constitution and state law."

This article originally appeared on the Across Arizona Patch