125 bars file lawsuit against Governor Doug Ducey

AZ Supreme Court could decide Tuesday to hear bar owners case

ARIZONA -- INCLUDING HERE INTUCSON -- ARE PART OF ALAWSUIT AGAINST GOVERNOR DOUGDUCEY -- AFTER HIS ORDER THATTHEY CLOSE -- INDEFINITELY.THE STATE'S SUPREME COURT WILLDECIDE -- WHETHER TO HEAR THATCASE LATER THIS WEEK.

AHEAD OFTHAT DECISION -- NINE ON YOURSIDE'S ROGELIO MARES SPOKEWITH THE ATTORNEY --REPRESENTING THOSE BARS.ILAN WURMAN IS AN ASSOCIATEPROFESSOR OF LAW ARIZONA STATEUNIVERSITY.

HE SAYS HISSCHEDULE HAS TAKEN ON ANOTHERTASK LATELY.

SOT I AMREPRESENTING ABOUT 125 BARS INA LAWSUIT AGAINST THEGOVERNOR.

04SEC HE SAYS THATLAWSUIT WAS FILED IN EARLYJULY BY 26 BARS AND HAS GROWNINTO A STATEWIDE EFFORT TOCOMPEL GOVERNOR DUCEY TO LETTHEM OPEN.

SOT WE'VE FILED ONTHE BASIS OF THE STATECONSTITUTION.

WE'RE MAKINGSTATE CONSTITUTIONAL LAWCLAIMS. 05SEC WURMAN SAYS THELAWSUIT CONTENDS THE GOVERNORHAS EXERCISED POWERS HE ISN'TALLOWED TO HAVE -- DIRECTLYAFFECTING BUSINESS FOR BAROWNERS.

SOT THE FIRST ISWHAT'S CALLED THE 'NON-DELEGATION DOCTRINE.'

WE ARGUETHAT THE GOVERNOR'S EMERGENCYPOWERS HAVE AFFECTIVELY MADEHIM INTO A LAWMAKER.

07SEC THEARGUMENT, ACCORDING TO WURMAN,IS BARS WITH A CERTAINLICENSE, IN THIS CASE ANYTHINGBUT A SERIES 12, ARE BEINGORDERED TO STAY CLOSED.

SOTTHEY UNFAIRLY DISCRIMINATEAGAINST SERIES 6 AND 7LICENSEES.

04SEC THIS, WURMANCONTENDS, UNFAIRLY ALLOWS BARIN RESTAURANTS TO REMAIN OPEN.SOT IF THE SERIES 12RESTAURANTS, "RESTAURANTS" AREESSENTIAL THEN SERIES 6 AREESSENTIAL.

03SEC THE STATE'SDEPARTMENT OF LIQUORIDENTIFIES SERIES 12RESTAURANTS AS THOSE THAT EARN40-PERCENT OR MORE OF THEIRBUSINESS BASED ON THE SALE OFFOOD.

SOT SERIES 6'S PAID MOREMONEY FOR THE PRIVILEGE OF NOTHAVING TO MAINTAIN A MINIMUMNUMBER OF FOOD SALES.

06SECSEMANTICS ASIDE, WURMAN SAYS,DESPITE THE PANDEMIC, IT'SUNFAIR FOR THE STATE TO ALLOWONE BUSINESS TO OPEN BUT NOTANOTHER, SOT THE POINT IS,ESSENTIAL OR NON- ESSENTIALALL WE ASKING FOR IS EQUALTREATMENT.

04SEC ARIZONA'SSUPREME COURT WILL DECIDE ONTUESDAY WHETHER TO TAKE ON HISCLIENT'S LAWSUIT, WURMAN SAYS.SOT THE EARLIEST WE COULD GETA DECISION IS SOMETIME INSEPTEMBER AND WE REALLY HOPEWE GET A DECISION IN SEPTEMBERBECAUSE IT'S URGENT.

06SECROGELIO MARES, KGUN9 ON YOURSIDE.MEANWHILE NEW INFORMATIONSHOWS -- GOVERNO