Arizona Gov. Doug Ducey announced early Thursday, March 25, that he was repealing many of the restrictions he imposed by executive order during the COVID-19 pandemic.
He specifically lifted his executive orders that limited organized public events of more than 50 people, the order that allowed local governments to impose mask mandates, and orders that limited business occupancies or closed certain industries.
Ducey stated he was lifting restrictions based on declining cases and hospitalization; mass distribution of vaccines to 1,927,278 Arizonans including 1,185,986 who have been fully vaccinated; 10 weeks of declining cases; hospitalizations at the lowest level since the end of September; opening of vaccine appointments to all Arizonans 16 years of age and older; a Centers for Disease Control and Prevention evaluation ranking Arizona among the best states in the nation for getting the COVID- 19 vaccine; and President Joe Biden’s recent promise that every American will be able to be vaccinated by May 1.
Events will no longer need the approval of local governments to be held. Festivals, large gatherings and other events can take place pursuant to regular permitting.
Businesses can still continue to require masks and social distancing on their properties in accordance with their store policies and trespass customers who refuse to comply with store policies, should they choose.
Arizona never issued a statewide mask mandate, instead allowing local town and city councils and county boards to impose them instead. Ducey said they will be “phased out,” but the text of his order specifically states that no order not in place on March 11, 2020, will be enforcable.
Jerome, Cottonwood and Clarkdale all imposed their mask rules in late June. Sedona’s was imposed on June 24.
Mask usage is still encouraged, especially in groups that are not vaccinated, Ducey’s office stated.
Bars were allowed to operate as “dine-in” at full capacity under Executive Order 2021-05, but will now be allowed to resume regular operations.
Lawyer Ilan Wurman, who had sued Ducey on behalf of nearly 200 bars in Arizona, including Sedona’s Mooney’s Irish Pub and Vino di Sedona, stated March 24 that the Arizona Supreme Court dismissed his appeal as moot because bars could open pursuant to Ducey’s EO 2021-05 on March 5.
Wurman then instructed his clients that they can all open at 100% capacity. Ducey’s March 25 orders reinforce Wurman’s guidance from the day before.
”The Supreme Court has dismissed our appeal as moot,” Wurman wrote. “The Supreme Court explained, ‘on March 5, 2021, the Governor issued EO 2021-05. This Court asked for further briefing from the parties to address whether EO 2021-05 mooted the appeal, and the Court has considered those briefs. Although EO 2021-05 did not expressly rescind EO 2020-43, it did rescind capacity limits in the Aug. 10 Guidelines and stated that EO 2021-05 would govern in the event of conflict with other orders. Importantly, under EO 2021-05, there are no longer distinctions between how Appellants and other businesses can operate.’
”As a result of the Supreme Court’s interpretation of EO 2021-05, I am instructing my clients that they can all open, and they can open at 100% capacity, notwithstanding any contrary regulation that serves to limit capacity,” Wurman wrote. “I am also instructing my clients that they need not abide by any regulations not applicable to different businesses.
”If Governor Ducey, ADHS, or DLLC disagrees with the Supreme Court’s interpretation of EO 2021-05, then it is incumbent upon them promptly to issue new guidance or a new Executive Order clarifying the regulations currently applicable to bars,” Wurman wrote. “Until then, we are treating the Supreme Court’s statement as definitively interpreting EO 2021-05.”
The full statement from Ducey’s office:
With the state of Arizona hitting several important public health benchmarks, Governor Doug Ducey today announced several updates to the state’s COVID-19 measures, including on events, businesses and local ordinances.
Several key data points contributed to these changes:
- Mass distribution of the vaccine: 3,041,773 doses of COVID-19 vaccine had been administered to 1,927,278 individuals in Arizona, including 1,185,986 who have been fully vaccinated.
- 10 weeks of declining cases.
- Hospitalizations at the lowest level since the end of September/beginning of October.
- Opening of vaccine appointments to all Arizonans 16 years of age and older.
- A recent evaluation by the Centers for Disease Control and Prevention that ranks Arizona among the best states in the nation for getting the COVID-19 vaccine to vulnerable communities.
- President Biden’s recent promise that every American will be able to be vaccinated by May 1.
Under the changes announced by Governor Ducey:
- Events of more than 50 people will no longer need the approval of local governments. These events should continue to follow safe practices and CDC recommendations, including physical distancing. This includes youth sports.
- The business guidance will transition from requirements to recommendations. Governor Ducey is providing businesses with the ability to continue requiring masks and social distancing.
- Bars have already been allowed to operate as “dine-in” at full capacity. They will now be allowed to resume regular operations, with the ability to require social distancing and masks.
- Unlike some other states, Arizona never issued a statewide mask mandate, and instead encouraged personal responsibility with an aggressive educational campaign — resulting in more widespread mask usage than states with mandates. Some local governments have implemented “mandates,” however, they have rarely, if ever, been enforced. Under this latest action, those local mandates will be phased out. Mask usage is still encouraged, especially in groups that are not vaccinated.
“As we’ve said all along, distribution of the vaccine is our best path to getting back to normal, and I want to thank the millions of Arizonans who have rolled up their sleeves to make the distribution and uptake so successful,” said Governor Ducey. “In Arizona, we never did a shutdown, so it’s impossible to have a grand reopening. Instead, we are continuing to take reasonable, safe and sensible steps. The measures put in place last summer allowed Arizona to fight back COVID-19. I want to thank the local leaders who supported these efforts with their own measures, and the businesses who implemented them. Today, we are in a different spot, and we are also a lot smarter. I’m confident Arizona’s businesses and citizens will continue to practice the fundamentals and act responsibly as we gradually get back to normal.”
“COVID-19 has taken a terrible toll on the lives and livelihoods of all Arizonans. With the state’s robust rollout of vaccination resources beginning in December, and recent expansion of eligibility to all residents above the age of 16, the Governor has made the right and responsible decision to continue moving Arizona forward and ensure that our economy and our people will again thrive,” said House Speaker Rusty Bowers.
“Throughout the pandemic, I’ve heard from my constituents who have been facing unprecedented challenges,” said Senate President Karen Fann. “Small business owners have shown resilience and strength and our citizens have shown strong personal responsibility. Governor Ducey’s guidance protects public health and entrusts Arizona businesses and citizens to continue taking the precautions that will keep everyone safe. Thank you, Governor Ducey, for following the science and getting Arizona back open.”
“Restaurants across Arizona have done an incredible job at implementing mitigation measures, protecting patrons and staff, and remaining flexible,” said Arizona Restaurant Association President & CEO Steve Chucri. “Our restaurants know what to do, and Governor Ducey’s updated guidance will allow them to operate the best way they see fit. Thank you to Governor Ducey for working to protect Arizonans and our economy.”
“The vaccine is out far and wide, many Arizonans are vaccinated, and COVID numbers are down,” said Chandler Mayor Kevin Hartke. “We’re ready to carefully lift restrictions and trust Arizonans to make responsible decisions. I’m grateful to the Governor for responding to local needs as we move forward and fight the pandemic.”
“In Sahuarita, we’re ready to ease restrictions and safely begin the process to returning to normal,” said Sahuarita Mayor Tom Murphy. “Businesses and community members know what it takes to protect one another, and I’m grateful Governor Ducey is following the data, listening to the experts and encouraging reasonable steps moving forward.”
The text of Executive Order 2021-06
GOVERNOR DOUGLAS A. DUCEY STATE OF ARIZONA
EXECUTIVE ORDER
Executive Order 2021-06
New Phase of COVID-19 Mitigation Business Guidelines Transition From Requirements To Recommendations
WHEREAS, on March 11, 2020, pursuant to A.R.S. §26-303 and 36-787, 1, as Governor of the State of Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to prepare for, prevent, respond to, and mitigate the spread of COVID-19; and
WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services (ADHS), based on an epidemiological assessment of Arizona specific data and in alignment with the Centers for Disease Control and Prevention (CDC) guidance, recommended the State implement enhanced mitigation strategies which are continuing; and
WHEREAS, on May 12, 2020, Executive Order 2020-36, stay Healthy, Return Smarter, Return Stronger, was issued directing businesses, institutions, professions and entities to develop, establish and implement policies to mitigate COVID-19; and
WHEREAS, on June 17, 2020, Executive Order 2020-40, Containing the Spread of COVID-19, was issued requiring businesses to enforce COVID-19 mitigation protocols and allowing local governments to adopt policies regarding the wearing of face coverings in public to mitigate the spread of COVID-19 while still keeping businesses open to the greatest extent possible; and
WHEREAS, on June 29, 2020, due to rising case numbers in the state, Executive Order 2020-43, Pausing of Arizona’s Reopening, was issued pausing the operations of certain business determined high risk by public health entities and limitations of organized public events were put in place to limit the spread of COVID-19 and was continued by Executive Order 2020-52 and portions regarding public events were amended by Executive Order 2020-59, Further Mitigation Requirements for Events; and
WHEREAS, on July 9, 2020, Executive Order 2020-47, Reducing the Risk, Slowing the Spread, was issued limiting capacity of restaurants to slow and limit the spread of COVID-19 while still keeping them open; and
WHEREAS, on August 10, 2020, the Director of ADHS, under the authority delegated by A.R.S. §26-307, adopted Emergency Measure 2020-02, Slowing the Spread of COVID-19: Phased Reopening, which implemented capacity requirements for high and medium risk businesses to mitigate the spread of COVID-19 while ensuring they were able to stay open and operate to the greatest extent possible; and
WHEREAS, since that time and into January 2021, Arizona saw increases in cases and deaths that exceeded those seen during Arizona’s first wave of COVID-19; and
WHEREAS, as of March 25, 2021, there have been 837,987 diagnosed cases of COVID-19 in Arizona including 16,874 deaths; and
WHEREAS, Operation Warp Speed (“OWS”) accelerated development, production and distribution of COVID-19 vaccines, therapeutics, and diagnostics to produce and deliver doses of safe and effective vaccines; and
WHEREAS, Arizona has taken the position that immunization with a safe and effective COVID-19 vaccine is a critical component of the whole government strategy to reduce COVID-19 related illnesses, hospitalizations, and deaths and to help restore societal functioning; and
WHEREAS, Arizona’s mass distribution of the vaccine has resulted in the administration of 3,041,773 doses of COVID-19 vaccine to 1,927,278 individuals in Arizona, including 1,185,986 who have been fully vaccinated; and
WHEREAS, the availability of vaccines has grown allowing for additional vaccine appointments to be opened to more age groups; and
WHEREAS, a recent evaluation by the CDC ranks Arizona among the best states in the nation for getting the COVID-19 vaccine to vulnerable communities; and
WHEREAS, as more and more of Arizona’s population becomes vaccinated, the risk previously posed by COVID-19 that our healthcare institutions will exceed capacity is decreasing as Arizona has seen the number of cases, hospitalizations, and deaths continue to decrease over the last seven weeks; and
WHEREAS, recently the federal government has promised that every American will have the opportunity to be vaccinated by May 1, 2021; and
WHEREAS, on March 24, 2021, registration at Arizona’s state-operated COVID-19 vaccination sites in Maricopa, Pima and Yuma counties opened to all Arizonans 16 and older.
NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority vested in me by the Constitution and laws of the State, including but not limited to A.R.S. §26-303 and §36-787, and after consultation with the Director of ADHS, do hereby order that effective immediately:
- Restrictions on organized public events as outlined in Executive Orders 2020-43, Pausing of Arizona’s Reopening; 2020-52, Continuation of Executive Order 2020-43; and 2020-59, Further Mitigation Requirement for Events, are lifted and shall no longer be enforced.
Organizers should continue to encourage adequate safety precautions, including physical distancing to limit and mitigate the spread of COVID-19.
Businesses, whether for-profit or non-profit, institutions, professions or entities that physically operate in this state and serve the public or are employers are encouraged to continue to take actions recommended by the CDC, U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) and ADHS to limit and mitigate the spread of COVID-19. ADHS shall update its guidance accordingly. These entities still maintain the right to institute and enforce policies to mitigate against COVID-19 spread including the use of face coverings and physical distancing, and retain the right to refuse service to those who do not comply with the policies. - Executive Orders 2020-09, Limiting the Operations of Certain Businesses to Slow the Spread of COVID-19; 2020-36, Stay Healthy, Return Smarter, Return Stronger; 2020-40, Containing the Spread of COVID-19; 2020-43, Pausing of Arizona Reopening; 2020-47, Reducing the Risk, Slowing the Spread; 2020-52, Continuation of Executive Order 2020-43; 2020-59, Further Mitigation Requirement for Events are rescinded.
- Pursuant to A.R.S. §26-307, no county, city or town may make or issue any order, rule or regulation that conflicts with or is in addition to the policy, directives or intent of this or any other Executive Order relating to the COVID- 19 public health emergency, or any other order, rule or regulation that was not in place as of March 11, 2020. This includes but is not limited to mandated use of face coverings. Any city, town or county that has a rule, regulation or ordinance not in place as of March 11, 2020 that is in conflict with the provisions of this order shall not be enforced. Political subdvisions maintain the right to set and enforce mitigation policies in their own government buildings and on public transportation, including, but not limited to, requiring face coverings.
- This order shall expire upon the termination of the Public Health Emergency unless amended.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona.
GOVERNOR DONE at the Capitol in Phoenix on this twenty-fifth day of March in the year Two Thousand and Twenty One and of the Independence of the United States of America the Two Hundred and Forty-Fifth.
ATTEST: Secretary of State
