Maricopa County Judge Rules Ducey's Bar Closure Order Was Legal

ARIZONA — When Gov. Doug Ducey allowed some bars — but not all — to reopen in late August after months of closure due to a surge in coronavirus closures, there was an outcry from bar owners and staffers. Many felt the ruling was unfair to bars that do not serve food and went so far as to sue to the governor.

Judge Pamela Gates ruled Tuesday that the bars failed to show how the governor's executive order violated the Arizona Constitution and refused to grant the bars a restraining order that would overturn it.

"Moreover, the public interest is overwhelmingly in favor of the continuation of [the orders]," she wrote Tuesday. "Our world is facing an unrelenting spread of the novel coronavirus, which causes a communicable infectious disease known as COVID-19."

Arizona Attorney General Mark Brnovich previously sided with the bars in their fight against Ducey. 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.

"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.

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.

The fight isn't over, the attorney general told Patch in a statement following the ruling. Judge Gates still needs to decide whether a full trial challenging the order will move forward.

“These are important issues that impact the lives of all Arizonans," Brnovich said. "We look forward to a court or the legislature providing clarity on the parameters of executive authority as we are more than five months into the state of emergency. Justice [Andrew] Gould wrote just last week that we must recognize the dangers of governing by necessity in a crisis with disregard for our laws.”

This isn't the first time Ducey has been sued over his executive orders while managing the coronavirus pandemic. He was also sued by gym and water park owners for requiring their businesses to shutter as the virus surged throughout Arizona.

A spokesperson for Ducey did not immediately respond to a request for comment but Patrick Ptak previously told Patch that the governor will "continue to prioritize protecting public health while following the constitution and state law."