Pinal state lawmaker wants state to investigate Pima County’s curfew

By Howard Fischer | Capitol Media Services via PinalCentral 

A state legislator is asking Attorney General Mark Brnovich to investigate whether Pima County is acting illegally in establishing and maintaining a curfew.

Rep. Bret Roberts, R-Maricopa, is questioning the authority of the county supervisors to tell people they cannot be out between 10 p.m. and 5 a.m. except for certain specified reasons. That, Roberts said, may conflict with the executive orders issued by Gov. Doug Ducey as part of his declared state of emergency which says that no local government can have rules or regulations that are stricter.

Roberts, who said two thirds of his legislative district is in Pima County, said he believes that the supervisors are acting without legal authority.

“I fully support the personal choices and efforts made by individuals to help curb the public spread of the corornavirus,’’ he said. “But I absolutely reject government mandates that erode personal liberty or punish businesses who may already be financially struggling as it is.’’

The board’s 3-2 vote came after county officials cited a surge in the number of COVID-19 cases and the threat of hospitals in Pima County running out of space. It directs the health department to enforce the curfew until the rate of spread of the virus drops below a certain level.

It is not an absolute ban.

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