Arizona Attorney General apparently sides with bar owners in lawsuit over bar closures

Arizona Attorney General releases opinion on case involving bar closures

Some bar owners are upset that amid the pandemic, some bars are required to close while some aren't.

PHOENIX - Even though many bars are now allowed to be open, the ones that have been suing the Governor say it’s important to keep that lawsuit going. Now, Arizona's Attorney General is apparently on the side of the bar owners, in a rare split.

Mark Brnovich says that Governor Doug Ducey’s Executive Order to close some bars to try and limit the spread of COVID-19 was arbitrary and discriminatory. The Attorney General's Office filed a brief in the lawsuit where several bar owners are suing Governor Doug Ducey over the order.

The Governor's Executive order led to multiple demonstrations at the Arizona State Capitol, with some bar owners speaking out against the closures while differently licensed restaurants were allowed to remain open.

"It’s good to be open," said Ian Juul, who owns Mooney’s Irish Pub in Sedona.

The pub is open again, but Juul thinks it’s important the lawsuit continues.

"If the [Arizona] Attorney General believes, with his attorneys, that the Governor has exceeded his mandates, and the application of the Executive Orders are arbitrary and discriminatory, then that’s what they are," said Juul. "So, in terms of due process, of course they’re important."

As for a resolution, damages awarded to bars are possible, but maybe not likely.

"When we eventually do get to court with a full hearing, we will put in a petition for damages, whatever the formulas are. It just doesn’t make sense. Restaurants traded all this time at our expense pretty much," said Juul.

In a statement, officials with the Governor's Office said, in part:

"These executive authorities exist to protect public health, and the mitigation strategies set forward in the governor’s executive order have clearly made a positive impact in combating COVID-19. We will continue to prioritize protecting public health while following the constitution and state law."