A Tucson restaurant owner has sued the Hobbs administration over its newer mandate that only cage-free eggs be produced or sold in the state.
Last week, the Goldwater Institute and Pacific Legal Foundation sued the Arizona Department of Agriculture (AZDA) on behalf of Grant Krueger, owner of Union Public House, Reforma Modern Mexican Mezcal + Tequila, and Proof Artisanal Pizza & Pasta.
In a press release, counsel and Krueger asserted that AZDA had surpassed their constitutional authority by bypassing the legislature; they dubbed AZDA the “egg bureaucrats.”
“Unaccountable, unelected bureaucrats shouldn’t be able to arbitrarily impose these kinds of harmful mandates on small business owners like me,” said Krueger. “If the government can do this with eggs, what else can they do it with?”
Krueger estimated that his restaurants purchase over 2,000 eggs weekly; he employs about 225 people.
Per his lawsuit, lawmakers directed egg producers to petition the AZDA for a rule on requiring cage-free housing for egg-laying hens, as the COVID-19 pandemic had disrupted law making procedures at the time. AZDA published the contested rule in April 2022, under then-Gov. Doug Ducey and then-AZDA Director Mark Killian. The rule began to be enforced on Jan. 1 of this year.
“Neither Arizona’s statutes governing executive branch rulemaking nor the Arizona Constitution permit AZDA to promulgate rules pursuant to such a standardless grant of authority,” read the lawsuit.
AZDA claimed authority for rulemaking under A.R.S. § 3-107(A)(1) and A.R.S. §3-710(J). The legal organizations countered in their lawsuit that the two statutes’ general authorization of rulemaking authority didn’t articulate the specific authority to enact a cage-free rule. Further, they argued that the Arizona Constitution didn’t allow for the delegation of legislative authority to an executive branch agency.
“The appropriate housing arrangement for egg-laying hens in Arizona and egglaying hens producing eggs for sale in Arizona is a major policy question that must be decided by the legislature,” read the lawsuit.
Per the lawsuit, AZDA had passed the rule to circumvent the effort of a similar ballot initiative, which the egg producers found objectionable due to the proposed timeline being too long.
The lawsuit warned that the new law will cause a significant increase in egg prices for both business owners and consumers: up to $66 million. For consumers, that would come to an additional 39 cents per dozen.
Per AZDA data, cage-free housing of egg-laying hens would increase egg production costs by up to 41 percent for labor inputs.
The Arizona Farm Bureau also stands in opposition to the sweeping cage-free egg mandate.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Monday, Phoenix City Council Member Sal DiCiccio called for the city to put their COVID-19 vaccine mandate to a public vote. In his letter to City Manager Jeffrey Barton, who made the decision to implement the mandate, DiCiccio insisted that the mandate would only further strain their law enforcement staffing numbers.
“This decision will compromise vital citywide services to our residents, including public safety, which this Council has been aware of the alarming crime data and how the city is struggling to hire and retain personnel. A more thorough determination needs to be made on whether, under federal law, the City of Phoenix and it’s 13,000 employees are considered ‘federal contractors’ for the purposes of this mandate,” wrote DiCiccio. “A discussion and vote on this mandate needs to be held in public not behind closed doors. When this Council is mandating city employees to get vaccinated or else lose their job, pension, and years of service, the least this Council can do is be transparent with our employees.”
No more hide and seek for a Phoenix politicians. No more behind closed door meetings on major issues. Let's see which politicians sign off on this letter requiring a public vote on the mandatory vaccine.
The city of Phoenix announced its vaccine mandate last week, giving workers until January 18 to comply. Barton reasoned that the city needed to impose the mandate because a majority of their operations are sourced in federal contracts – a class of employees required to be vaccinated under the Biden Administration. They promised $75 for each employee who complied with the mandate by the deadline – a benefit initially introduced earlier this year as an incentive to get vaccinated, now apparently a thank-you for compliance.
First responder associations signaled their support for efforts to fight Phoenix’s mandate. The Phoenix Law Enforcement Association (PLEA) and The United Phoenix Firefighters Association (UPFA) joined as co-plaintiffs in Attorney General Mark Brnovich’s lawsuit against President Joe Biden’s vaccine mandate for federal contractors and employees.
“For us, this issue is not about the vaccine but a concern for the public safety staffing in Phoenix and our members’ right to make their own personal health choices,” stated UPFA. “Forcing first responders out of a job protects no one.”
For us, this issue is not about the vaccine but a concern for the public safety staffing in Phx and our members right to make their own personal health choices.
— United Phoenix Firefighters Association (@unitedphxffs) November 23, 2021
The PLEA Vice President Yvette Bro asserted that the city mandate would only worsen their staffing shortage.
“We can’t afford to lose one officer,” stated Bro.
Phoenix police join fight against federal mandate
Yvette Bro, vice president of the union representing Phoenix police officers said they are facing staffing shortages and the mandate will exacerbate that problem. “We can't afford to lose one officer," https://t.co/eMZ2ZQ8iiJ
City council candidate Sam Stone told AZ Free News that it was unconscionable for city leaders to unilaterally push for a mandate without input from those affected.
“This was a cowardly act by Phoenix politicians,” stated Stone. “They passed the buck because they know vaccine mandates are unpopular, and they want to gut our police force – but aren’t willing to take the blame for either of their poor decisions. Councilman DiCiccio is spot on to call for a public vote.”
Stone also insisted that city employees aren’t federal contractors, tweeting that the legal basis for the mandate was “bunk.” He warned AZ Free News that this mandate would grant the federal government more control over local government.
“Further, the city of Phoenix is not a federal contractor. Forget COVID for a minute, this sets a horrific precedent giving the federal government control over our cities and towns,” said Stone.
