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Ex. DUT-AZ-018 Standing duty Primary source read

Order (Doc. 46) on motion for temporary restraining order and preliminary injunction and on motion to dismiss

Xponential Fitness, LLC et al. v. State of Arizona et al., No. CV-20-01310-PHX-DJH (D. Ariz. July 14, 2020)

United States District Court for the District of Arizona (Hon. Diane J. Humetewa) · United States (D. Ariz.) (Court)

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
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

n/a (judicial ruling)

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 note

The 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.