{"id":"DUT-AZ-017","kind":"duty","level":"court","jurisdiction":"Arizona (Maricopa County Superior Court)","state":"AZ","metro":"","industry":"","agency":"","eco":"","issuer":"Superior Court of Arizona, Maricopa County (Hon. Timothy J. Thomason)","authority":"Ariz. Const. art. VI; Ariz. R. Civ. P. 65; 42 U.S.C. § 1983 and the Fourteenth Amendment (procedural due process)","instrument":"Minute entry ruling (Docket Code 926) on plaintiffs\u0027 request for injunctive relief","title":"Mountainside Fitness Acquisitions, Inc. et al. v. Ducey, No. CV2020-093916 (Maricopa Cnty. Super. Ct. Aug. 4, 2020)","dateIssued":"2020-08-04","effective":"2020-08-04 (reopening application process to be implemented by Aug. 11, 2020)","end":"n/a (ruling); ADHS Emergency Measure 2020-02 of Aug. 10, 2020 (Ex. AZ-029) implemented it","startDate":"2020-08-04","endDate":"2020-08-10","quarters":["2020Q3"],"types":["CLOSE","COND","EMP"],"addressees":["indoor gyms and fitness centers closed by EO 2020-43 and EO 2020-52; the Governor and ADHS"],"clause":"Applicants must also attest that they will strictly adhere to all policies and guidelines from the Center for Disease Control..., the Arizona Department of Health Services... and the Department of Labor, Occupational Safety and Health Administration.... Even if affected businesses make such an attestation and strictly adhere to ADHS requirements, they are still forced to stay closed","enforcement":"n/a (judicial ruling); the ruling describes the attestation regime under which reopening required a sworn commitment to \u0027strictly adhere\u0027 to CDC, ADHS and OSHA policies and guidelines","functions":[],"notes":"Held that EO 2020-43\u0027s closure of gyms satisfied substantive due process (rational basis) and that the orders were binding law, while holding that the absence of any process to apply for reopening during the mandatory shutdown violated procedural due process; ordered \u0027that EO 43 be enforced according to its terms\u0027 and that fitness centers \u0027must be allowed to complete and submit some type of form or application to receive authorization to reopen,\u0027 a form that \u0027can mandate compliance with the requirements.\u0027 Character as recorded: adjudication (order_operating_condition layer).","sourceUrl":"https://ewscripps.brightspotcdn.com/67/8a/f780a55549e1aa5a3e09d71175a5/cv2020-093916-926-08042020.pdf","snapshot":"","fileExists":true,"fileBytes":346778,"grade":"primary","character":"adjudication","description":"","collection":"DUT-AZ","url":"/library/DUT-AZ-017","exhibitUrl":"/exhibit/DUT-AZ-017","citation":"Superior Court of Arizona, Maricopa County (Hon. Timothy J. Thomason), Minute entry ruling (Docket Code 926) on plaintiffs\u0027 request for injunctive relief (Aug. 4, 2020) (Ex. DUT-AZ-017)","stateName":"Arizona","related":["AZ-029"]}