In response to escalating protests in both Arizona cities and around the country after the killings of black individuals such as George Floyd by the Minneapolis Police Department and Dion Johnson by Arizona Department of Public Safety, both on May 25, Arizona Gov. Doug Ducey announced an 8 p.m. curfew for the state lasting one week beginning Sunday, May 31.
“The looting and violence we saw last night, especially in Scottsdale, simply cannot be tolerated. And it won’t be. Destruction of property does not qualify as freedom of expression,” Ducey wrote in the press release published on the governor’s website. “I will be speaking with mayors around the state throughout the day to ensure plans are in place to prevent this kind of lawlessness tonight and beyond.”
“NOTICE: At the request of local leaders and in coordination with state and local law enforcement, I’m issuing a statewide Declaration of Emergency, with a curfew in place starting at 8:00 p.m. tonight and effective for one week,” Ducey wrote as part of a series of posts published on Twitter shortly after announcing the curfew. “This gives law enforcement an additional tool to prevent the lawlessness we’ve seen here and in cities nationwide. Police will be equipped to make arrests of individuals who are planning to riot, loot or cause damage and unrest. Today’s declaration also authorizes an expanded National Guard mobilization to protect life and property throughout the state. Our office will continue to communicate with local law enforcement to provide whatever resources we can.”
As of press time, the extent of the enforcement in Yavapai County or its municipalities is unclear. Local administrators have so far indicated a desire not to strictly implement a curfew in the area unless circumstances change, viewing the governor’s order as an additional tool to keep the peace if necessary, not a requirement for all residents.
“Normal movement is allowed and will continue per the actual words of the Governor,” Camp Verde Town Manager Russ Martin wrote in an email. “I do not see an issue for our Town or most other peaceful Towns. We will be prepared should an issue arise but the emergency DOES NOT apply to law abiding businesses and people patronizing them eating getting groceries going to the pharmacy etc all still allowed as the actual words of the order state.”
“I understand that we will not be enforcing a curfew and that seems to be the sentiment of other area law enforcement agencies,” Cottonwood Vice Mayor Michael Mathews wrote. “It appears clear that the governors enacting of the curfew is to give law enforcement another tool to prevent the trouble that Phoenix and Scottsdale have been experiencing the last few nights.”
“We are attempting to gain further clarity regarding the Governor’s curfew order,” Cottonwood Police Department Chief Steve Gessel added. “Cottonwood PD does not have the resources to enforce the order as we currently understand it. We will continue to monitor and seek clarification.”
“I am still waiting for clarification from the governor’s office but for now we will be enforcing the order by the spirit of the law,” Chief Randy Taylor of the Clarkdale Police Department wrote. “Simply put, the governor gave the order to provide us an extra tool for keeping the peace. That is how we will be enforcing the law.”
Sedona Police Chief Charles Husted said that like many other public safety professionals throughout Arizona, he was was initially surprised that Ducey’s order was cast statewide.
“However, once details and clarification regarding the broad exceptions outlined in the order were released, it was abundantly evident that our governor was providing public safety agencies with an additional tool to help prevent and address lawless behavior,” he said.
Husted said the governor’s order’s also “provides a broad list of exceptions that afford our residents and visitors the opportunity to go about their lives as they normally would.”
In a press release from the city of Sedona, Husted said, “The intent of the Governor’s declaration is not to impose on people going about their daily, peaceful lives, but to function as a tool for early intervention if needed. We do not expect to see any civil unrest here, but if it does occur, we’re prepared.”
More details will follow on the enforcement of the order in the Verde Valley as they become available.
Towns and cities throughout Arizona have varied in their response, with some merely announcing the order and providing a link to the governor’s website and others issuing various statements. The police department of Holbrook, a town of 5,100 located between Flagstaff and the New Mexico border, posted to Facebook: “In lieu of Governor Ducey’s executive order of an Imposition of Curfew, the Holbrook Police Department is advising the citizens of Holbrook that while we respect the office of the governor and encourage self compliance, we haven’t seen riots like those in other areas throughout the country. As such, we feel that enforcing a curfew would have a negative effect upon our city. We as a department respect the constitutional rights of our citizens and we will not infringe upon these God given rights. We feel that mutual respect exists between the Holbrook Police and the citizens we serve. Enforcing an order where no demonstrated need exists will negatively affect this relationship.”
Williams Police Chief Herman Nixon wrote a personal letter to the residents of Williams stating, “Governor Ducey has issued a curfew order for the entire state of Arizona beginning tonight. From what we have learned this order’s intent is to assist those agencies that are experiencing lawless behavior such as looting, arson and acts of violence. Most rural communities in the state are not experiencing this type of activity and the Governor is allowing Law Enforcement leaders to not act on this curfew if communites are not experiencing this type of activity. Our citizens are our partners in deterring crimes in our community and are eyes and ears in a lot of instances which we truly appreciate.
“I ask that you continue to be our partner and if you see anything suspicious please call our police department. Together we can continue to keep our community a safe place to live and visit.
“I want to personally thank our community for all the support we always receive and especially during the COVID-19 pandemic and now with the craziness we are seeing throughout this great country of ours.”
The terms of the curfew for the affected areas, as stipulated in the governor’s order posted on his website, are as follow:
“During the hours of curfew, all persons are prohibited from using, standing, sitting, traveling or being present on any public street or in any public place, including for the purpose of travel, with the following exemptions:
- All law enforcement, firefighters, paramedics or other medical personnel, National Guard, as well as any other emergency response personnel authorized by the State of Arizona, and credentialed members of the media.
- Individuals traveling directly to and from work; attending religious services; commercial trucking and delivery services; obtaining food; caring for a family member, friend, or animal; patronizing or operating private businesses; seeking medical care or fleeing dangerous circumstances; and travel for any of the above services.
“Violation of this order is a Class 1 misdemeanor pursuant to A.R.S. § 26-317 and is punishable by up to six (6) months in jail and a fine of $2500 in addition to any other violation under Title 13.”
“The state will provide whatever resources we can, through DPS, National Guard, and cross coordination of local law enforcement, but every community needs to be prepared,” Ducey’s statement continued. “What we are seeing is happening in cities and states everywhere in America, and Arizona leaders need to be on high alert. They need a plan. Today should be a working day for every local elected leader, city manager, police chief and sheriff in every jurisdiction in the state.”
“The death of George Floyd is tragic and abhorrent. It should be condemned by leaders at all levels — and we should listen to those who seek to have a civil dialogue on how to ensure it never happens again. In Arizona, we will listen — and this was demonstrated by the leadership DPS Colonel Heston Silbert displayed on Thursday night as he engaged with protestors at the Capitol. This kind of leadership from law enforcement, working with community leaders, will get us through. But we cannot, and will not stand for violence, looting, and criminal activity.”
Victoria Lopez, Advocacy and Legal Director of the American Civil Liberties Union of Arizona, also issued a statement raising constitutional concerns about the legality of Ducey’s curfew: “The statewide curfew announced today by Governor Ducey is an extraordinary and sweeping measure that raises serious constitutional concerns. Such actions restrict the rights of protesters and will undoubtedly lead to selective enforcement in black and brown communities. We urge the governor and other elected officials across the state to seek a less restrictive approach and to meaningfully engage community leaders to address longstanding concerns with racist policing practices.”
The ACLU of Arizona also made the following statement regarding the ongoing protests against police violence happening across the nation and in the state of Arizona: “Black and brown people should not have to live in fear of being killed by police. People across the country are rightfully demanding justice and accountability. The systemic racism in police agencies must end. Police violence and brutality against black and brown communities must end.
“People have the constitutional right to protest and record the police in public spaces. We call on state and local law enforcement to respect demonstrators’ First Amendment rights and avoid resorting to the use of force, including chemical agents and projectiles. The dangers of chemical agents like tear gas have been well-documented and the use of these materials is particularly egregious while we’re in the middle of a global pandemic.
“We join calls for police accountability and transparency and to those protesting, we are with you.”
The order:
Declaration of State of Emergency
Imposition of Curfew
WHEREAS, lawful assemblies are the lifeblood of our democracy based in the constitutional rights that we all hold so dear; and
WHEREAS, in the past week, individuals have engaged in legal and peaceful protests throughout the nation and world; and
WHEREAS, certain persons have engaged in riots resulting in assaults, vandalism, violence and criminal damage; and
WHEREAS, the violent civil disturbances and riots have continued and grown nationally and in Arizona, endangering additional lives and property; and
WHEREAS, on May 28, 2020, a protest was held in downtown Phoenix, however, after ending, a number of those attending did not disburse and began to cause a civil disturbance and riot causing damage to police vehicles with officers in them, vandalizing government buildings and throwing rocks and other items at police; and
WHEREAS, on May 29, 2020, following a peaceful vigil, some participants again headed to downtown Phoenix where their demonstration escalated resulting in additional vandalization and damage to government and private business buildings, fireworks being launched toward police, streets being blocked and reporters being assaulted; and
WHEREAS, on May 29, 2020, the downtown area of the City of Tucson was also vandalized by persons who burned dumpsters, blocked streets and destroyed property; and
WHEREAS, on May 30, 2020, protests continued in downtown Phoenix and downtown Tucson resulting in additional damage to property, and looting occurred in downtown Scottsdale at multiple businesses in the Scottsdale Fashion Square Mall and the surrounding area; and
WHEREAS, the level of disturbances and danger to persons and property has continued to increase with information suggesting that civil disturbances will expand to other areas of the State; and
WHEREAS, to date, as this violence spreads, it is necessary to have a statewide response to maximize the resources of law enforcement and other government support services to ensure the safety of persons and property; and
WHEREAS, the State understands its obligations to permit expressive activity subject to reasonable time, place and manner restrictions necessitated by the existing public safety concerns for citizens, public safety employees and protestors; and
WHEREAS, one of the primary purposes of government is to protect its citizens, maintain order and balance the rights of all individuals; and
WHEREAS, due to these conditions, and pursuant to Arizona Revised Statute (A.R.S.) § 26-301, “conditions of…extreme peril to the safety of persons or property within the state caused by…riot…or other causes…which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision” exist to support a declaration of emergency; and
WHEREAS, pursuant to A.R.S. § 26-303(D), these circumstances necessitate a declaration of emergency.
NOW, THEREFORE, I, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority vested in me by the Constitution and laws of this State, including but not limited to, A.R.S. 26-303, hereby order as follows:
Declare that a State of Emergency exists in Arizona due to riots, effective Sunday, May 31, 2020 and continuing.
As part of the State of Emergency, a limited curfew is imposed for the entire State beginning at 8:00 p.m. on Sunday, May 31, 2020.
The curfew will be in place from 8:00 p.m. until 5:00 a.m. and shall expire on Monday, June 8, 2020 at 5:00 a.m. unless further extended.
During the hours of curfew, all persons are prohibited from using, standing, sitting, traveling or being present on any public street or in any public place, including for the purpose of travel, with the following exemptions:
All law enforcement, firefighters, paramedics or other medical personnel, National Guard, as well as any other emergency response personnel authorized by the State of Arizona, and credentialed members of the media.
Individuals traveling directly to and from work; attending religious services; commercial trucking and delivery services; obtaining food; caring for a family member, friend, or animal; patronizing or operating private businesses; seeking medical care or fleeing dangerous circumstances; and travel for any of the above services.
For purposes of this order, “travel” includes, without limitation, travel on foot, bicycle, skateboard, scooter, motorcycle, automobile, or public transit, or any other mode of transporting a person from one location to another.
For purposes of this order, “public place” means any place, whether on privately or publicly owned property, accessible to the general public, including but not limited to public streets and roads, alleys, highways, driveways, sidewalks, parks, vacant lots, and unsupervised property.
For purposes of this order, “exempt care” means necessary medical services for an individual’s self or family member.
Violation of this order is a Class 1 misdemeanor pursuant to A.R.S. § 26-317 and is punishable by up to six (6) months in jail and a fine of $2500 in addition to any other violation under Title 13.
Direct that the State of Arizona Emergency Response and Recovery Plan be used, and the Division of Emergency Management to be engaged, as necessary or requested, to assist in managing the emergency.
Authorize the Adjutant General to mobilize and call to activate all or such part of the Arizona National Guard as is determined necessary to assist in the protection of life and property throughout the State.
Direct that the sum of $200,000 from the General Fund be made available to the Director of the Arizona Division of Emergency Management to be expended in accordance with A.R.S. § 35-192, A.A.C. R8-2-301 to 321, and Executive Order 79-4.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona.
Governor
/s/ Doug Ducey
DONE at the Capitol in Phoenix on this thirty-first day of May in the year Two Thousand and Twenty and of the Independence of the United States of America the Two Hundred and Forty-Fourth.
ATTEST:
Secretary of State
/s/ Katie Hobbs
