{"id":"DUT-AZ-019","kind":"duty","level":"court","jurisdiction":"United States (9th Cir.)","state":"AZ","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the Ninth Circuit (published opinion; Hurwitz, J., concurring)","authority":"28 U.S.C. § 1291; 42 U.S.C. § 1983; First and Fourth Amendments","instrument":"Published opinion","title":"Miller v. City of Scottsdale, No. 22-16004 (9th Cir. Dec. 8, 2023)","dateIssued":"2023-12-08","effective":"2023-12-08 (adjudicating an arrest of April 11, 2020)","end":"n/a (ruling)","startDate":"2023-12-08","endDate":"","quarters":["2020Q2"],"types":["CLOSE","DUTY"],"addressees":["restaurant owners and operators subject to EO 2020-09; law enforcement enforcing the executive orders"],"clause":"Issued on March 30, 2020, EO 2020-18 set forth a physical distancing policy and enacted a notice requirement: \u0022Prior to any enforcement action being taken to enforce this order in accordance with A.R.S. § 26-317, a person shall be notified and given an opportunity to comply.\u0022... Issued on June 29, 2020, EO 2020-43 specified that enforcement actions could be taken against business entities","enforcement":"A.R.S. § 26-317 (class 1 misdemeanor) applied by arrest and citation; charges later dismissed","functions":[],"notes":"Recited the Arizona order chain (Declaration of Emergency; EO 2020-09\u0027s command that restaurants \u0027shall close access to on-site dining\u0027; EO 2020-12; EO 2020-18\u0027s notice requirement; EO 2020-43\u0027s enforcement clause) and held that a Scottsdale officer had probable cause to arrest a restaurant owner under A.R.S. § 26-317 for on-site dining on April 11, 2020 after warnings on March 27 and 28, 2020, affirming summary judgment against the owner\u0027s First and Fourth Amendment claims. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://cdn.ca9.uscourts.gov/datastore/opinions/2023/12/08/22-16004.pdf","snapshot":"","fileExists":true,"fileBytes":213283,"grade":"primary","character":"adjudication","description":"","collection":"DUT-AZ","url":"/library/DUT-AZ-019","exhibitUrl":"/exhibit/DUT-AZ-019","citation":"United States Court of Appeals for the Ninth Circuit (published opinion; Hurwitz, J., concurring), Published opinion (Dec. 8, 2023) (Ex. DUT-AZ-019)","stateName":"Arizona","related":["DUT-AZ-007"]}