Pima County is appealing a judge’s order temporarily halting enforcement of the county’s 10 p.m. COVID-19 curfew, which a group of bar owners has sought to block as illegal and discriminatory.
In filings in Pima County Superior Court, the county said it would file an appeal of a preliminary injunction issued last week with the Arizona Court of Appeals, and asked the lower court to reinstate the curfew pending a ruling on its appeal.
The owners of Cobra Arcade Bar, HighWire Lounge, The Maverick, the Union Public House, Reforma Modern Mexican and Proof Artisanal Pizza & Pasta filed their state lawsuit challenging the county’s curfew on Jan. 5, saying the curfew was killing their businesses.
They allege that the Pima County Board of Supervisors acted beyond its legal and constitutional authority when it imposed the curfew and there is no evidence the measure will help stem the spread of COVID-19, citing their compliance with strict safety guidelines.
Pima County healthcare workers get the COVID-19 vaccine at a drive-through clinic at Banner University Medicine in Tucson on Dec. 17, 2020. The other vaccination site is Tucson Medical Center. Video by Rebecca Sasnett / Arizona Daily Star
The county argues that it acted within its broad regulatory authority over public health and the curfew was necessary to help stop the spread of COVID-19.
In issuing the preliminary injunction last Tuesday, Pima County Superior Court Judge Kellie Johnson found that the curfew resolution adopted by the supervisors on Dec. 15 is illegal and violates executive orders issued by Gov. Doug Ducey, and that the plaintiffs had shown a reasonable chance of success on the merits of the case.
The plaintiff bars have since extended their hours to their normal 2 a.m. closing time.
Pima County Board of Supervisors Chair Sharon Bronson said last week that the county attorney was authorized to appeal the injunction.
Bronson noted that the resolution specified that the curfew would be lifted when the COVID-19 infection rate in the county fell below what is considered “substantial spread” of the disease, or 100 cases per 100,000 people, but the current county infection rate was 10 times that.
In the meantime, Pima County Chief Medical Officer Dr. Francisco Garcia urged all businesses to continue to voluntarily observe the curfew and limit gatherings.
Photos: Remembrance of COVID-19 victims in Tucson and the nation
Day of Remembrance, COVID-19
Updated
Roxanne Lee, manager of the Tucson (Ariz.) Medical Center cath lab, stands with nurses and other colleagues in during a ceremony to remember those who have died of the Coronavirus (COVID-19), on Jan. 19, 2021. About 50 hospital staff showed up to the event which coincided with President-elect Joe Biden's national memorial for COVID-19 victims. 228 people have died of COVID-19 at TMC including one staff member.
Day of Remembrance, COVID-19
Updated
Mary Klaehn, Manager of Spiritual Care Services the Tucson Medical Center, rings a bell 20 times during a memorial ceremony in Lifegain Park to remember those who have died of the Coronavirus (COVID-19), on Jan. 19, 2021.
Day of Remembrance, COVID-19
Updated
Mary Klaehn, Manager of Spiritual Care Services the Tucson Medical Center, speaks during a memorial ceremony in Lifegain Park to remember those who have died of the Coronavirus (COVID-19), on Jan. 19, 2021.
Day of Remembrance, COVID-19
Updated
The Empire State Building is lit in “heartbeat” red as part of a national memorial to lives lost to COVID-19 Tuesday, Jan. 19, 2021, in New York. The U.S. death toll from the coronavirus has surpassed 400,000, providing a grim coda to Donald Trump's presidency. (AP Photo/Frank Franklin II)
Day of Remembrance, COVID-19
Updated
Jamie Mohr, director of Epsilon Spires, in Brattleboro, Vt., holds onto the rope to ring the bell at 5:30 p.m. to honor the lives lost during the COVID-19 pandemic as part of a national memorial on Tuesday, Jan. 19, 2021. As of Tuesday, over 400,000 people have died from the virus.
Day of Remembrance, COVID-19
Updated
A person walks by shafts of light at the Clark County Government Center illuminated as part of a national memorial to lives lost to COVID-19, Tuesday, Jan. 19, 2021, in Las Vegas.
Day of Remembrance, COVID-19
Updated
Lola Gold of the Jewish congregation B'nai Harim, walks through the COVID Memorial placed along the Golden Center Freeway Tuesday, Jan. 19, 2021 in Grass Valley, Calif.
