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Business as Usual Under Governor Ducey’s Curfew Declaration

May 31, 2020

Alexander J. Egbert

Jennings,Strouss & Salmon, P.L.C. - Corporate and Business Blog

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Phoenix, AZ

Businesses are confused about what Governor Ducey’s May 31st curfew declaration means for them. For example, one valley restaurant closed at 6:30 p.m. so its employees could make it home before the start of the 8:00 p.m. curfew. That, like other reported business adjustments across the state, was unnecessary.

It is true that the curfew generally prohibits anyone from (1) being in a public place (defined as any place accessible to the general public) and (2) traveling on a public street between the hours of 8:00 p.m. and 5:00 a.m. through June 8th.  But—in addition to exemptions for attending religious services and seeking medical care—the governor has specifically exempted several activities key to business.

First, the curfew does not apply to anyone “travelling directly to and from work.” So, contrary to the restaurant’s mistaken belief, no business has to close early so its owners and employees can get home before 8:00 p.m.

Second, the curfew does not apply to “commercial trucking and delivery services.” So, supply chains and customer deliveries need not be upended.

Third, the curfew does not apply to anyone “patronizing or operating private businesses” or anyone traveling to and from the same.  So, customers are free to come and go during normal business hours.

In short, the curfew should not stop business from proceeding as normal—at least the new post-Covid19 normal.

For more information on this topic or other matters, please contact Alexander J. Egbert.

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Alexander J. Egbert | Read Bio