Consuming institutions swing again at Ducey

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TUCSON (KVOA) – Unconstitutional.

Here’s what 20 bars across the state say about the Arizona legislature handing over power to Governor Doug Ducey.

The bars, including three here in Tucson, have filed suits with the Arizona Supreme Court asking the Supreme Court to repeal the law that allows the state to give the governor police powers.

Powers that enable him to “do what he wants”.

Ilan Wurman, Associate Law Professor at ASU, heads the lawsuit for the bars.

He says Ducey’s executive order violates non-delegation doctrine.

The Music Box, Monkey Bar and Clicks Billiards (North 1st Avenue) are the three Tucson establishments that have partnered with bars in the Phoenix, Prescott, Sedona and Bullhead City area.

The Music Box, Monkey Bar, and Clicks Billiards are three Tucson bars that challenge Governor Doug Ducey’s order to close licensed Series 6 and 7 facilities

The Arizona Supreme Court is unlikely to rule the matter before the July 27 order expires.

Ducey could of course extend that executive order if the state remains a hot spot in the coronavirus pandemic.

The bars say their action is twofold.

They believe that the state parliament should be the body, not the governor, that makes decisions regarding the operation of bars and restaurants.

Regardless of who ultimately sets the guidelines for operations during COVID19, the rules must be consistent and non-discriminatory.

The current order from Ducey will only affect bars that have State Liquor Board Licenses Series 6 and 7.

Series 6 (bars) allows alcohol to be sold in full without the need to sell food.

Series 7 is a license for bars that only sell beer and wine.

Copyright 2020 News 4 Tucson. All rights reserved.

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