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GOP Bill Would Make Arizona Gov. Ducey's Executive Orders Toothless

Published: Friday, May 8, 2020 - 7:53am
Howard Fischer/Capital Media Services
Eddie Farnsworth

Some Arizona Republican legislators support a bill that would make Gov. Doug Ducey’s executive orders during a public health emergency toothless.

A bill drafted by Sen. Eddie Farnsworth (R-Mesa) would exempt businesses that reopen in defiance of the governor’s COVID-19 orders from fines and jail time.

It would also preempt local authorities from suspending or revoking licenses or permits required for businesses to operate, such as liquor licenses for bars.

If approved, the measure would essentially give a green light for businesses like gyms and bars to reopen, even though Ducey hasn’t lifted an order requiring them to close to prevent the spread of COVID-19.

Farnsworth did not respond to a request for comment.

Sen. JD Mesnard, another Republican, said some GOP lawmakers support Farnsworth’s bill as a means of scaling back the scope of Ducey’s executive orders. 

Other lawmakers, many in the House, have floated the idea of a resolution undoing the governor’s orders.

Republicans bristled when Ducey extended his stay-at-home order through May 15 and touted fines, jail time, and revoked liquor licenses for businesses who don’t comply.

Mesnard said there’s “widespread opposition to this notion that we're going to punish people, throw them in jail, fine them in the midst of all this.”

But it’s unlikely the bill will get a vote on Friday, when Senate President Karen Fann intends to adjourn the chamber and officially end the 2020 legislative session.

“I can tell you by far the votes are not there. This was, as of 8 o'clock this morning,” she said. “The votes are not there to even waive the rules to bring it to the floor. And the votes are not there to pass it.”

Fann said a majority of lawmakers in the Senate support adjourning and setting aside all other legislative work, a move that will leave hundreds of pending bills dead.

The Senate president said she’s working on plans to give those bills a second chance in 2021, if not consideration in special sessions that Gov. Doug Ducey may call later this year.

Farnsworth’s bill could be on the table during a special session, Fann said. 

Ducey has assured her that he’ll call a special session to do so, she said, but not all lawmakers want to wait that long for a vote.

“I'm getting pummeled in my district from folks who think if I don't back the resolution, let alone a bill like Eddie's, I'm a turncoat and I'm letting businesses die,” Mesnard said. “And I really want to vote on it and show them that this is the right policy. We need to protect our people, protect businesses. I hope I'm afforded that opportunity tomorrow.”

Senate Minority Leader David Bradley (D-Tucson) said that’s not going to happen, and that he expects a brief day at the Capitol tomorrow.

“It's not going to be unanimous. But [Fann] she's moving forward, even though maybe not everyone in her caucus is on board,” Bradley said.

Bradley said his caucus wouldn’t support a measure to let businesses defy executive orders. 

Nick Ponder, legislative director of the League of Cities and Towns, said local law enforcement doesn’t use fines or jail time as a first course of action to enforce the governor’s orders.

“Generally our police don’t want to take an aggressive, firm approach in this manner. They'd prefer the soft touch, they'd prefer the warnings and and the education and communication,” Ponder said. “I think from you know, just a law and order point of view, though, when somebody continues to deny that that's typically when we will institute other measures.”

Bradley said he’s also unsure that a less-controversial measure in Farnsworth’s bill that gives business owners protection from liability if a customer contracts COVID-19 after visiting their business — with an exception for gross negligence — is necessary, either.

“I don’t know how realistic it is that a lawsuit like that could prevail,” Bradley said.

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