On Friday, Governor Doug Ducey engaged in a Twitter exchange with Phoenix Mayor Kate Gallego for what he says are policies that “make zero sense.”
The governor sent a letter to Gallego and reminded the public that all State Parks will be open with free admission this weekend.
In his letter, the governor asserted that “Arizona’s parks are open. All parks. Everywhere. Rural and urban. From Phoenix to Tucson to Flagstaff. All towns and municipalities. Enjoy and GOD BLESS! #HappyEaster 3/3”
Phoenix City Councilman Sal DiCiccio thanked the governor for his letter:
Phoenix had set temporary restrictions in its parks, including closing parking lots and prohibiting grilling. The mayor made note that the decision was unanimous, however, DiCiccio’s Chief of Staff Sam Stone offered another view of the decision:
9-0 because Arizona’s Panic Pusher in Chief tied any reopening of Parks amenities and sports fields to also closing them on Easter
Laughable watching Gallego try to evade blame for something she was proudly taking credit for a few days ago https://t.co/HBgiLsNQG7
Somehow, they didn’t see it coming. Last week, Gilbert Public Schools, one of the largest school districts in Arizona, notified 152 certified staff members that they would be without jobs for the 2021-2022 school year. And the announcement sent shockwaves throughout Arizona’s public school districts.
But why?
Parents certainly tried to warn them. They pleaded with their school districts to find safe ways to offer in-person learning. And they threatened to leave for charter schools, private schools, or homeschool if they didn’t.
Nearly 13 months after the first confirmed Covid-19 infection in the US, President Biden held a memorial as the country surpassed 500,000 deaths attributed to the pandemic. Mourning a great tragedy, President Biden noted these casualties surpass the lives lost during WWI, WWII, and the Vietnam War combined.
While alarmingly high fatalities signify a time of immense suffering, recent developments suggest the worst of the pandemic may be behind us. Covid-19 fatalities, cases, and hospitalizations are decreasing. Many universities plan to offer more in-person instruction during this fall. Texas ended its lockdown and mask mandate.
Some of these promising signs can be attributed to vaccination. According to the Wall Street Journal, over 100 million Americans have received at least one Covid-19 vaccine. Although the Pfizer and Moderna Covid-19 vaccines require two injections spaced two weeks apart, studies confirm that one injection provides effective immunity. Even as Covid-19 variants begin to appear across the US, t-cell tests confirm that the available vaccines can protect against mutations.
While there are many reasons to be optimistic that the worst of the pandemic is behind us, there have also been several signs governmental powers granted during the pandemic may not return to pre-Covid levels.
On Thursday, Arizona Gov. Doug Ducey announced his decision to lift the state’s restrictive COVID-19 measures. The governor cited the declining case rates and number of vaccinated Arizonans as reasons the measures are no longer necessary.
Ducey’s order still allows businesses to enforce mask mandates if they want, but cities, towns and counties must lift theirs.
According to the Governor’s Office, “3,041,773 doses of COVID-19 vaccine had been administered to 1,927,278 individuals in Arizona, including 1,185,986 who have been fully vaccinated.”
There has also been 10 weeks of declining cases, and hospitalizations at the lowest level since the end of September.
Under the changes announced on Thursday:
Events of more than 50 people will no longer need the approval of local governments. These events should continue to follow safe practices and CDC recommendations, including physical distancing. This includes youth sports.
The business guidance will transition from requirements to recommendations. Governor Ducey is providing businesses with the ability to continue requiring masks and social distancing.
Bars will now be allowed to resume regular operations, with the ability to require social distancing and masks.
“As we’ve said all along, distribution of the vaccine is our best path to getting back to normal, and I want to thank the millions of Arizonans who have rolled up their sleeves to make the distribution and uptake so successful,” said Ducey in a press release. “In Arizona, we never did a shutdown, so it’s impossible to have a grand reopening. Instead, we are continuing to take reasonable, safe and sensible steps. The measures put in place last summer allowed Arizona to fight back COVID-19. I want to thank the local leaders who supported these efforts with their own measures, and the businesses who implemented them. Today, we are in a different spot, and we are also a lot smarter. I’m confident Arizona’s businesses and citizens will continue to practice the fundamentals and act responsibly as we gradually get back to normal.”
The attorney for more than 100 bars and saloons across Arizona is declaring victory in a decision issued Wednesday by the Arizona Supreme Court that a recent executive order by Gov. Doug Ducey resolved a dispute about restrictions placed on some liquor license holders which shuttered many businesses for months.
The March 24 order dismissed an appeal filed by attorney Ilan Wurman on behalf of his clients who own Series 6 and Series 7 liquor licenses who alleged Ducey’s executive orders, specifically EO 2020-43 were unlawful. The lawsuit had also challenged operational guidelines issued Aug. 10 by the Arizona Department of Health Service (ADHS).
Most Series 6 & 7 licenses are used to operate smaller, family owned bars which were disproportionally impacted by Ducey’s executive orders last year. EO 2020-43 kept many closed while other liquor-serving establishments were allowed to remain open.
The supreme court’s order notes Ducey issued a EO 2021-05 on March 5, rescinding capacity or occupancy limits in place under a previous executive order. However, EO 2021-05 did not come right out and say all other executive orders related to operation of liquor-related businesses, such as EO 2020-43, were obsolete.
The supreme court took care of that, Wurman says, in its order finding that the bar owners’ appeal of a legal challenge against Ducey is now moot because EO 2021-05 will govern in the event of conflict with other executive orders and removes any distinctions between how Series 6 & 7 licensees and other businesses can operate.
According to Wurman, the supreme court’s order is “a huge win” for his clients.
“A case is moot if the Plaintiffs have obtained all the relief they seek,” he said. “The Court’s ruling is that the new EO (2021-05) rescinds any contrary guidelines that limit capacity. Further, they interpret it to prohibit discrimination against series 6s. Therefore, bars can now open and operate on the same terms as anyone else.”
As a result, Wurman is advising his clients that they can “open up 100 percent.”
“That is the only interpretation of the Supreme Court’s order that would actually render this case moot,” he said, adding that if Ducey, ADHS, or the Arizona Department of Liquor Licenses & Control disagrees with how the Supreme Court evaluated EO 2021-05, “it is incumbent upon them promptly to issue new guidance clarifying what restrictions still apply specifically to bars.”
