Marana bar joins lawsuit against Gov. Ducey’s executive order forcing shutdown
TUCSON, Ariz. (KOLD News 13) - The owner of a business on the northwest side of Tucson said he is joining in on legal action against Gov. Doug Ducey and his executive order that closed bars and nightclubs.
Ducey signed the executive order on June 29, which called for a “pause” in operation for all Arizona bars, nightclubs, gyms, movie theaters, water parks and tubing operations.
A “bar” was categorized as any establishment holding a series 6 or series 7 license from the Arizona Department of Liquor Licenses and Control.
Kyle Schwab, the owner of Casa Marana, said he remained open because his establishment serves food and alcohol and has been following all guidelines that restaurants need to be in compliance with.
“I feel like we’re a lot safer, in my opinion, than a lot of places that are open,” Schwab said July 6, after learning his business was referred to the State Liquor Board for non-compliance. “We sort of feel singled out, but we can’t really control anything. So, we are just going day by day.”
Schwab said he was told to shutdown his establishment last week by officials with the Town of Marana, who threatened a misdemeanor charge if he didn’t.
He said he has joined a lawsuit filed by several other Arizona bars against the governor’s order, alleging the governor doesn’t have the constitutional authority to shut down any businesses during the coronavirus pandemic.
“What I really want to is to be treated like other businesses are treated, other restaurants,” Schwab said. “I’m completely fine with social distancing, masks, reduced capacity. I think part of that lawsuit is based on that, for us to be treated like every other business and not putting the blame on us or singling us out.”
Other Tucson-area petitioners include the owners of Clicks Billiards on North First Avenue, Monkey Bar on Wilmot Road and Music Box Lounge on East 22nd Street.
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