Pima County judge rules curfew violates Ducey’s executive order

Jan 20, 2021, 4:00 PM | Updated: 4:06 pm

PHOENIX – A judge on Wednesday ruled that the Pima County Board of Supervisors’ mandated curfew violated Arizona Gov. Doug Ducey’s executive order that prohibits cities and counties from imposing stricter coronavirus restrictions in the state.

Judge Kellie Johnson prohibited the county’s 10 p.m. to 5 a.m. curfew until a resolution can be made at a later date.

The curfew, which was originally mandated on Dec. 15, was designed to help curb the surging coronavirus cases in the county.

Previously, Johnson had granted the plaintiffs a preliminary injunction on Thursday that prohibited the curfew from being enforced.

The lawsuit from several local business owners alleged that the curfew was causing irreparable financial harm because they were forced to close up early.

The Pima County Board of Supervisors said it was disappointed with the judge’s ruling.

“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,” Chair Sharon Bronson said in the statement.

“In the meantime, Pima County Chief Medical Officer Dr. Francisco Garcia urges all businesses to continue to voluntarily adhere to the curfew and limit gatherings.”

The original curfew was intended to stay in place until the county’s average number of COVID-19 cases per week fell below 100 per 100,000 residents.

According to the latest data provided by the Arizona Department of Health Services dashboard, the county was averaging 720 cases per 100,000 residents during the week of Dec. 27.

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Pima County judge rules curfew violates Ducey’s executive order