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COVID restrictions on businesses end, but some caution remains

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On Thursday, March 25, Arizona Gov. Doug Ducey announced he was ending remaining COVID-19 restrictions. “Restrictions on organized public events… are lifted and shall no longer be enforced,” Executive Order 2021-06 reads in part. “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.”

On March 5, Ducey removed restrictions that he had imposed to limit capacity at restaurants and bars.

The executive orders rescinds several other orders the governor has imposed over the past year which required social distancing at businesses. It also ended local mask requirements, such as those passed by the local governments of Cottonwood, Clarkdale, Jerome and Sedona, though it continues to allow businesses to impose their own restrictions as they see fit.

“Businesses, whether for-profit or nonprofit, 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 [Centers for Disease Control and Prevention], U.S. Department of Labor, Occupational Safety and Health Administration and Arizona Department of Health Services to limit and mitigate the spread of COVID- 19,” the governor’s order reads. “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.”

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For local bars and restaurants, the end of COVID-19 occupancy and distancing restrictions is a positive development, but many still see a need for some level of precautions before returning completely back to the pre-pandemic normal.

“This is great news! We are all very happy that the city and state have lifted the mask mandates, and can go back to business as usual,” Brenda Clouston, owner of Colt Grill in Old Town Cottonwood, wrote in an email. However, Clouston said that the restaurant is still making an effort to allow customers to feel comfortable with the pandemic not fully over.

“We are removing the mask mandates for employees, but still practicing increased sanitation of surfaces,” Clouston wrote. “Our guests will continue to have a choice as to whether or not they want to mask up or not, on premise. We have always — since opening — been willing to take a ‘carry-out’ order curbside for guests and that will continue also.”

“We’re not trying to pack them in,” said Jenny Robbins, co-owner of Moscato in Camp Verde. “We have a lot of guests that are still concerned about social distancing, so we’re trying to do that as much as possible.

“I don’t see our restaurant changing that. As far as the guests that come in — if they’re not particular, I’m not particular either.”

Robbins said that for the past year, many customers who had been concerned about COVID-19 requested to eat outdoors instead of inside, and the restaurant would continue to seek to accommodate similar requests for the foreseeable future.

“We can be more full in the restaurants, but if we have guests that are concerned, we take that into consideration,” Robbins said.

Ducey’s Thursday order builds on a previous one from March 5, which ended limits on restaurant and bar capacity but still required social-distancing of 6 feet. Local restaurants and bars found that order was essentially meaningless, as it was nearly impossible to reach anything like normal capacity while maintaining six feet between patrons.

Arizona State University law professors Ilan Wurman, who had sued Ducey on behalf of nearly 200 bars in Arizona, told his clients on March 24 that due to court rulings about 2020-05, “that they can all open, and they can open at 100% capacity, notwithstanding any contrary regulation that serves to limit capacity.”

“Our buildings are small, so we don’t have space to put anything else in there,” said Eric Jurisin, owner of the Haunted Group that includes several restaurants in Cottonwood and Jerome.

The end of restrictions comes after a particularly difficult year for many businesses, which struggled to find ways to stay open while not being able to serve as many customers.

“The overwhelming issue for us was how to survive with the capacity, regulations and mandates while keeping all of our staff and paying all the bills,” Rebecca Riffel, owner of Main Stage in Cottonwood, wrote in an email. The bar made numerous changes over the past year, included serving food, which allowed them to stay open when bars were closed. “Thankfully, we made it through that aspect, and now can start getting back to what we are known for and built with Main Stage.”

Prior to the end of restrictions, the hospitality industry was seeing customers return to the area, and the return to normal operations means they will be able to take advantage of their business.

“It’s a record breaking March,” Jurisin said. “I don’t know anybody who’s not having their best month ever.”

Jon Hecht

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