Attorneys for Gov. Doug Ducey go to court Friday to defend the legality of his stay-at-home order.

By Howard Fischer | Capitol Media Services via PinalCentral

U.S. District Court Judge Murray Snow will hear arguments by Joseph McGhee that there was no legal basis for the governor on March 30 to tell Arizonans that they must remain at home except to participate in certain essential or constitutionally protected activities. McGee, who is representing himself, said Ducey had access to enough scientific information at the time to prove that COVID-19 was no more deadly than a host of other diseases.

Ducey has since extended the order until May 15.

Brett Johnson, a private attorney hired by Ducey to defend the order, counters that there was a sufficient risk to justify the restriction. They also contend that McGhee, a political independent who said he was working at a Flagstaff restaurant until he was laid off due to Ducey’s executive order closing restaurants to in-house dining, has no legal right to challenge the order because he did not spell out what activities that he, personally, would otherwise have done had the stay-at-home order not been in effect.

But McGhee told Capitol Media Services that’s not the standard.

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