State challenges restaurant owner’s right to sue over egg regulations

By Howard Fischer | Capitol Media Services

The fate of state rules designed to provide more humane treatment of laying hens could depend on whether a judge believes the owners of some Tucson restaurants have standing to challenge them.

At a hearing Friday, attorney John Thorpe of the Goldwater Institute argued that prohibiting hens from being housed in tiny cages will result in higher costs for Grant Krueger and the three restaurants he owns: Union Public House, Reforma Modern Mexican Mezcal + Tequila, and Proof Artisanal Pizza and Pasta. And that, Thorpe said, was enough to entitle his client to seek to overturn the rules.

But Assistant Attorney General Josh Whitaker said any claim of financial harm by Krueger, as the ultimate purchaser, was speculative at best.

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