Attorney Joel Sannes, representing Mountainside, argued that his client’s due process rights were violated with the summary closure.
Judge Timothy Thomason refused to block Ducey from enforcing that order while the case makes its way through court.
But in this case, attorney Alex Weingarten contends that the governor’s actions actually are violations of the U.S. Constitution. Ducey singling out indoor gyms and fitness centers “while inexplicably allowing most businesses in Arizona to continue operating without additional restrictions,” the lawsuit says.
And Weingarten said the governor’s decision to do that without even giving affected businesses a chance to be heard “can only be described as irrational and arbitrary.”
All this goes to the governor’s authority not only to act but to do so unilaterally, with no notice, no hearings — and no chance for affected businesses to challenge the order.
Brnovich, in his filing with the federal court, said Ducey never consulted with him in crafting and implementing his executive orders. And that, the attorney general said, means he “takes no position on the underlying merits of the plaintiffs’ claims” — other than saying that they raise serious issues about the governor’s authority in emergencies that have never been addressed and need the court’s “close and careful consideration.”
Ducey, in his own motion filed Wednesday, told Humetewa she also should toss the claims against him.
Brett Johnson, the governor’s attorney, said that businesses had no right to be consulted before Ducey ordered them to shut down. He said that’s not required in an emergency situation.