Some bar owners in Arizona still upset over continuing COVID-related restrictions

Some bar owners remain unhappy over COVID-19 restrictions

Occupancy restrictions may have been lifted by Governor Doug Ducey, but some bar owners in Arizona say for them, little has changed.

PHOENIX - While Arizona Governor Doug Ducey's decision to end occupancy restrictions was welcomed by some businesses, for some bars, nothing has actually changed.

"Between a rock and a hard place at the moment," said Ian Juul, who owns Mooney’s Irish Pub in Sedona.

That is because physical distancing guidelines are still in place, which means they have to place tables 6 feet apart, and patrons must be sitting at tables.

"You can’t say we are back to 100% capacity when there is a 6ft rule," said Juul. "That is misleading us."

Juul's bar is one of about 100 bars filing a lawsuit against Gov. Ducey. The lawsuit alleges discrimination against regular bars, because they say restaurant and hotel bars are allowed to operate.

"The Governor has said there never was a lockdown in the state. That is a lie," said Ilan Wurman, Associate Professor at Arizona State University's Sandra Day O'Connor College of Law. "There was no lockdown unless you were a bar or gym."

Wurman, who is representing the bars, argues that what actually limits capacity are the physical distancing guidelines, and as a result, his clients are suffering.

"What the reality is that many bar owners and restaurant owners were never at 50% capacity," said Wurman. "They were at 35% and 40% capacity, because what restricts capacity is the requirement that everyone be seated, and everyone sits six feet apart."

While these guidelines are still in place, Wurman says bars are closing, and others, like Juul's bar, are struggling as they try and stay afloat during restrictions.

"I have to pay back over $200,000 in debt," said Juul. "I can’t pay that working at 30% capacity. I can't, and that is factual."

The bars lost their case in Superior Court, but now, the state's Supreme Court will be hearing their argument. Their argument was delayed for six weeks, they say, as a result of this lift in restrictions.

FOX 10 has reached out to Gov. Ducey for a response.

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