Judge Temporarily Stops Pima County's Coronavirus Curfew

TUCSON, AZ — Bars in Pima County can stay open past 10 p.m. — for now.

A judge issued a temporary order late Tuesday pausing the enforcement of the curfew imposed by the county to help curb the spread of the still-raging coronavirus.

The owners of Cobra Arcade Bar, HighWire Lounge, The Maverick, the Union Public House, Reforma Modern Mexican and Proof Artisanal Pizza & Pasta filed a lawsuit on Jan. 5, arguing that Pima County acted without legal authority when the Board of Supervisors imposed the curfew for all but essential purposes.

Pima County Superior Court Judge Kellie Johnson granted the bar owners a preliminary injunction after finding that the curfew resolution is illegal and violates executive orders issued by Gov. Doug Ducey, which have stopped short of requiring curfews or mask mandates at the local or county level.

Johnson found that the curfew violated constitutional guarantees of equal treatment under the law because it disadvantaged businesses that generate much of their business after 10 p.m. Bars were also given no option to appeal their closure. The judge also said that the county failed to prove that the coronavirus spreads more easily after 10 p.m. if the same safety precautions are taken.

Johnson ordered the bar owners to post a $10,000 bond with the court so the county can cover a potential increase in costs for contact tracing.

The order prohibits the county from enforcing the 10 p.m. to 5 a.m. curfew pending resolution of the case. It has yet to be scheduled for trial.

Board of Supervisors Chair Sharon Bronson expressed her disappointment in the ruling Wednesday.

“It is the County’s firm belief that state law empowers the Health Department to take specific actions such as the curfew to mitigate and halt the spread of infectious diseases,” Bronson said in a statement.

The original resolution specified that the curfew would be automatically lifted when the county's coronavirus infection rate in the county fell below 100 cases per 100,000 people. The current rate is almost 10 times that.

Arizona reported 4,845 new cases and 262 deaths Wednesday. Pima County accounted for 779 and 73, respectively.

In the aftermath of the judge's order, Pima County Chief Medical Officer Dr. Francisco Garcia urged all businesses to continue to voluntarily adhere to the curfew and limit gatherings.