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Constitutional Rights & the Public’s Health

Next Level Arcade Tucson, LLC v. Pima County

Overview

Next Level Arcade Tucson, LLC v. Pima County (Arizona Superior Court, Pima County, January 19, 2021): The Arizona Superior Court found that Pima County’s mandatory overnight curfew to curb the spread of COVID-19 was constitutional, but still preempted by the Governor’s executive orders. Because the curfew applied to all Pima County individuals and businesses, the court determined there was no violation of the privileges and immunities clause. The court also found no due process violation because the curfew did not mandate closure of businesses. However, Pima County’s Board of Supervisors exceeded its legal authority because the curfew conflicted with Governor Doug Ducey’s executive orders barring local governments from adopting stricter restrictions. Read the decision here.

View all cases in the Judicial Trends in Public Health – April 15, 2021.

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