The COVID Project
The record
- Jurisdiction
- United States (D. Ariz.) · Arizona
- Level
- Court
- Authority
- 28 U.S.C. § 1331; 42 U.S.C. § 1983; Fed. R. Civ. P. 65; Winter v. NRDC, 555 U.S. 7 (2008)
- Issued
- 2020-07-14 July 14, 2020
- Effective
- 2020-07-14
- End
- n/a (ruling) (read as 2020-09-30)
- In force
- July 14, 2020 to Sept. 30, 2020
- Quarters
- 2020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureOperating condition
- Addressees
- franchisors and franchisees of boutique fitness studios closed by EO 2020-43; the Governor and ADHS
- Character
- adjudication
- Collection
- Standing duties: Arizona DUT-AZ
Operative words
Governor Ducey's June 29, 2020 Executive Order was issued after Arizona's top medical professionals... advised that closing gyms, and several other industries, was prudent given the sharp increase in cases. These medical opinions satisfy the rational basis review.... IT IS ORDERED that Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 21) is DENIED.
Penalty
What it required
Upheld EO 2020-43's closure of indoor fitness studios against substantive and procedural due process and equal protection challenges under rational-basis review, applying the Chief Justice's South Bay concurrence that a governor's latitude in a public-health crisis 'must be especially broad,' and refused the temporary restraining order; the State of Arizona was dismissed as a party. Character as recorded: adjudication (order_operating_condition layer).
Retrieval noteThe order describes EO 2020-43 as requiring the studios to 'pause operations' from 8:00 p.m. June 29, 2020 'until at least July 27, 2020' (at 5), notes the Governor's representation of a forthcoming post-deprivation waiver (attestation) process (at 11), and cites the Mountainside Fitness ruling for the proposition that the order satisfies rational-basis review (at 12). Retrieved from the Government Publishing Office's United States Courts Opinions collection.