Since the mandatory curfew came into effect back in mid-December of 2020, the struggle continued for many local restaurants and bars throughout the county.

However, on the night of Tuesday, January 19, a Superior Court judge granted temporarily canceled the 10 p.m. to 5 a.m. curfew in Pima County, claiming that it violates an executive order issued by Governor Doug Ducey.

The Pima County Board of Supervisors voted to administer the curfew to try and slow the spread of COVID-19. However, a group of local businesses filed a lawsuit against the county, disagreeing with the county’s actions and its lack of legal authority.

So, it all came down to Pima County Superior Court judge Kellie Johnson, who eventually sided with the business owners involved in the lawsuit.

It turns out that the executive order that Governor Ducey created in March 2020 contains a provision that prohibits counties, cities, towns, and local governments from issuing:

“any order, rule or regulation that conflicts with or is in addition to the policy, directives, or intent of this executive order, including but not limited to any order restricting persons from leaving their home due to the COVID-19 public health emergency.”

In the end, Judge Johnson’s ruling forbids the county from enforcing the curfew.

Although, it’s also ordering the businesses who filed the lawsuit to pay $10,000 to the county for court costs and for additional efforts needed with the curfew being halted.