By Maria Polletta | Arizona Republic
A federal judge on Friday denied a request to halt enforcement of Gov. Doug Ducey’s statewide stay-at-home order, saying it represented neither a “mass quarantine” nor a violation of Arizonans’ constitutional rights.
U.S. District Court Judge Murray Snow also refused to grant an injunction to stop Ducey from issuing similar directives in the future.
Joseph McGhee, a former Flagstaff restaurant worker, filed the challenge last month, saying he was laid off after Ducey prohibited in-house dining.
He argued the governor had acted unlawfully in issuing the March 30 stay-at-home order — which limited Arizonans’ activities to curb the spread of COVID-19 — because it infringed on Arizonans’ rights to “free movement and travel” and due process.
McGhee also contended Ducey had violated state statutes involving quarantine procedures, and that Arizona law did not support his emergency declaration. He claimed Ducey had pushed ahead without sufficient evidence to prove COVID-19 was exceptionally deadly or dangerous.
“There can be no doubt that COVID-19 has spread around the world and to include Flagstaff,” McGhee wrote in a court filing. “There can likewise be no doubt that there is intense widespread fear, arguably bordering on mass panic and hysteria, over this spread.”
