2020-07-23 ABOR - S Amicus Brief (Beaver V Ducey)

IN THE SUPREME COURT
STATE OF ARIZONA
MICHAEL BEAVER; JACQUELYN BENDIG; MATT No. CV-20-0190-SA

BRASSARD; CRAIG DENNY; PATRICIA DION;
LOUIE FERNANDEZ; MISTIE GREEN; DREL AND
TAMIE HARRISON; BRAD HENRICH; CHARLES
JENKINS; IAN JUUL; COLLEEN KENDALL; ALAN
KOWALSKI; DOUGLAS LANDRETH; JOSH
MAKRAUER; CHAD NEWBERRY; BRUCE REID;
RUSSEL ROBERTS; WES AND REBECCA
SCHEMMER; PETER SCIACCA; SHERI SHAW;
HEATHER AND JUSTIN WARD; CHERI WELLS;
JAVIER AGUILA; LUCILLE ARAGON; ALICIA
BALDWIN; MATTHEW BECKER; SCOTT BUSSE;
SUSAN COMPTON; JOHN EHALT; DEBORAH
GRIFFIN; JAMES GRIFFIN; IAN LIKWARZ;
THOMAS MCCAULEY; JOHN MCCORMICK;
KIMBERLY O'DONNELL; ELMER PINEDA; GRANT
QUEZADA; JESSE ISAIAH BURKE; JEFF RIGGS;
JENNIFER BEEMAN; KYLE SCHWAB; THOMAS
SMITH; TOSHA SPRING; EVA STAPLETON;
MITCHELL STEVENS; and LUCIE STEVENS,
Petitioners,
v.
DOUG DUCEY, in his official capacity as the Governor
of the State of Arizona,
Respondent.
BRIEF OF AMICUS CURIAE THE ARIZONA BOARD OF REGENTS
IN SUPPORT OF RESPONDENT
Paul F. Eckstein (#001822) Dominic E. Draye (#033012)

Joel W. Nomkin (#011939) GREENBERG TRAURIG, LLP
Thomas D. Ryerson (#028073) 2375 E. Camelback Road
Matthew R. Koerner (#035018) Phoenix, Arizona 85016
PERKINS COIE LLP Telephone: 602.445-8000
2901 North Central Avenue, Suite 2000 [email protected]
Phoenix, Arizona 85012-2788
Telephone: 602.351.8000
[email protected]
Attorneys for Amicus Curiae
the Arizona Board of Regents
July 23, 2020
Table of Contents
Page(s)
INTERESTS OF AMICUS CURIAE ........................................................................1

INTRODUCTION ....................................................................................................2
ARGUMENT .............................................................................................................2
I. BARS SUCH AS THOSE SURROUNDING THE UNIVERSITIES
ARE BREEDING GROUNDS FOR COVID-19. ................................ 3
A. The Universities Are Undertaking Extensive Efforts
to Protect Students, Faculty, and Staff from the Spread
of COVID-19............................................................................... 3
B. Enjoining the Limitations on Bars Now Would Threaten
the Universities’ Efforts to Stop the Spread of COVID-19. ......... 7
II. THE PUBLIC INTEREST WEIGHS SO HEAVILY AGAINST AN
INJUNCTION THAT ONE SHOULD NOT ISSUE. .......................15
CONCLUSION ........................................................................................................17
-i- No. CV-20-0190-SA

Table of Authorities
CASES PAGE(S)
Benner v. Wolf,
No. 20-cv-775, 2020 WL 2564920 (M.D. Pa. May 21, 2020) .............................. 15, 16
eBay Inc. v. MercExchange, L.L.C.,
547 U.S. 388 (2006) .................................................................................................... 3, 15
In re Abbott,
954 F.3d 772 (5th Cir. 2020) ......................................................................................... 15
Martinko v. Whitmer,
No. 20-00062MM (Mich. Ct. Cl. Apr. 29, 2020)......................................................... 16
Roosevelt Elementary Sch. Dist. No. 66 v. Bishop,
179 Ariz. 233 (1994) ....................................................................................................... 16
Smith v. Ariz. Citizens Clean Elections Comm’n,
212 Ariz. 407 (2006) ......................................................................................................... 3
Weinberger v. Romero-Barcelo,
456 U.S. 305 (1982) ...................................................................................................... 2, 3
Xponential Fitness v. State,
No. CV-20-01310-PHX-DJH, 2020 WL 3971908 (D. Ariz. July 14,
2020) ................................................................................................................................. 15
-ii- No. CV-20-0190-SA

INTERESTS OF AMICUS CURIAE
Amicus curiae the Arizona Board of Regents (the “Board”) oversees Arizona’s
three public universities—Arizona State University (“ASU”), University of Arizona

(“UA”), and Northern Arizona University (“NAU”) (collectively, the “Universities”).
Their campuses are currently filled with over a thousand students and will soon fill with
tens of thousands more, from around the world, for a new school year. To help protect
these campuses during the COVID-19 pandemic, the Universities are undertaking
unprecedented precautions for their students, staff, faculty, and surrounding
communities. But the Universities’ campuses are not sealed from the outside world.
The success of their measures therefore depends largely on efforts by the State and
public to also slow the spread of COVID-19. Central to those efforts are Governor
Ducey’s Executive Order 2020-43 and related executive orders (the “Executive Order”)
which, among other measures, limit the operation of certain State-licensed bars.
Amicus files this brief because of its unique perspective on the importance of the
Executive Order to the health of the Universities’ communities. Bars that are covered
by the Executive Order surround each university and are heavily trafficked by their
students. Federal and state health authorities warn that bars such as these are breeding
grounds for the spread of COVID-19. Enjoining the Executive Order and prematurely
reopening bars, as Petitioners (“Bar Owners”) request, would promote that spread,
exposing the Universities’ communities and general public to unnecessary risks. Those
risks should be considered in evaluating the injunction that the Bar Owners seek.1
1
This brief is authorized by Ariz. R. Civ. App. P. 16(b)(1)(B). No persons or
entities other than the Board have provided financial resources for the preparation of
this brief.
-1- No. CV-20-0190-SA
INTRODUCTION
The Board agrees that the Executive Order is lawful for the reasons set forth in
Governor Ducey’s Response to Petition for Special Action, and at a minimum does not
deserve review by this Court without a full airing in the lower courts. But even if the
Court were to take jurisdiction over the Petition (which it should not), and even if it
were to find any provision of the Executive Order suspect (which it should not), that
does not entitle the Bar Owners to their requested injunction.
Under basic principles of equity, an injunction should not issue in a case like this,
where the public health consequences of an injunction may be so grave. As Dr.

Anthony Fauci recently pleaded: “[C]lose those bars. They are seriously the — one of
the major reasons why we’re seeing [a recent surge in cases].”2 The temporary economic
loss resulting from the Executive Order, while surely unfortunate, pales in comparison
to the public interest in stopping the virus’s surge. That is especially true given the
circumstance of the Universities, where reopening bars before it is safe to do so risks
spreading the disease on campus, threatening students, staff, and faculty.
The Board therefore urges the Court to deny either jurisdiction or relief.
ARGUMENT
Courts are “not mechanically obligated to grant an injunction for every violation
of law.”3 Rather, to obtain an injunction, “[a] plaintiff must demonstrate: (1) that it has
suffered an irreparable injury; (2) remedies available at law, such as monetary damages,
2
Judy Woodruff, How Fauci Says the U.S. Can Get Control of the Pandemic, PBS
NEWS HOUR (July 17, 2020), https://www.pbs.org/newshour/show/how-fauci-says-
the-u-s-can-get-control-of-the-pandemic.
3
Weinberger v. Romero-Barcelo, 456 U.S. 305, 312–13 (1982).
-2- No. CV-20-0190-SA

are inadequate to compensate for that injury; (3) that, considering the balance of
hardships between the plaintiff and defendant a remedy in equity is warranted; and
(4) that the public interest would not be disserved by a permanent injunction.”4 Most
critically, “[i]n exercising their sound discretion, courts of equity should pay particular
regard for the public consequences in employing the extraordinary remedy of
injunction.”5 Those consequences alone warrant denial of the injunction requested
here.
I. BARS SUCH AS THOSE SURROUNDING THE UNIVERSITIES ARE

BREEDING GROUNDS FOR COVID-19.
To evaluate the “public consequences” of an injunction here, it is critical to
understand the measures that the Universities are taking to control the spread of
COVID-19, and how prematurely opening bars would undermine those efforts.
A. The Universities Are Undertaking Extensive Efforts to Protect

Students, Faculty, and Staff from the Spread of COVID-19.
Responding to the risks posed by COVID-19, the Universities are working to
protect not only those currently on the campuses, but also those from around the world
who will soon arrive for the next semester. Already, during the summer, well over a
thousand students are on the Universities’ campuses. That number will grow into the
tens of thousands when classes begin in August 2020.
4
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006); see also Smith v. Ariz.
Citizens Clean Elections Comm’n, 212 Ariz. 407, 410 ¶¶ 9–10 (2006).
5
Weinberger, 456 U.S. at 312.
-3- No. CV-20-0190-SA

To help protect those on campuses now and in the weeks to come, the
Universities have developed extensive virus-mitigation steps. Examples of those steps
include the following 6:

Requiring Social Distancing — COVID-19 is highly infectious, and as a result
“spread[s] very easily and sustainably between people.” 7 “[T]he more closely a person
interacts with others and the longer that interaction,

the higher the risk of COVID-19 spread.” 8 As a result,
health authorities like the Centers for Disease Control
and Prevention (“CDC”) recommend that people
distance from one another to slow the spread of
COVID-19, regardless of whether they are
symptomatic: “[l]imiting close face-to-face contact
with others is the best way to reduce the spread of
[COVID-19].” 9
6
The steps described here are detailed at the Universities’ websites:
https://www.asu.edu/about/fall-2020; https://www.arizona.edu/coronavirus-covid-
19-information; https://nau.edu/jacks-are-back. These steps align with the virus-
mitigation principles established by the Board. See News Release, Ariz. Bd. of
Regents, Board Adopts COVID-19 Response Planning Principles (June 12, 2020),
https://www.azregents.edu/sites/default/files/news-releases/board_adopts_covid-
19_planning_principles_june_12_2020.pdf.
7
CDC, How COVID-19 Spreads (June 16, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-
spreads.html (emphasis omitted).
8
Id. (emphasis omitted).
9
CDC, Social Distancing, Keep a Safe Distance to Slow the Spread (July 15, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-
distancing.html.
-4- No. CV-20-0190-SA

ASU, UA, and NAU are each implementing social-distancing measures. To
allow for socially-distanced learning, the Universities are offering students more class-
taking options than ever before, while also allowing students extra flexibility in class
schedules. On-campus students may attend classes in person, online, or via a “hybrid”
that allows both in-person and online sessions. The Universities are also spreading out
students attending courses in-person, including by moving courses to bigger venues.
Non-classroom services that enhance learning—like counseling, academic advising, and
tutoring—are moving online.
Other campus services are spreading out. For example, the Universities have
reduced the density of on-campus housing. For dining, most food will be provided via
take-out and delivery. The Universities have also removed many tables and chairs in
common areas, including dining areas, to allow socially-distanced eating. They have
installed cameras to monitor the density of common areas and prevent overcrowding.
Encouraging Mask-Wearing and Other Healthy Behaviors — In addition
to social distancing, the CDC recommends other healthy behaviors, especially wearing
masks. Masks are “a simple barrier to help prevent respiratory droplets from traveling
-5- No. CV-20-0190-SA

into the air and onto other people when the person wearing the cloth face covering
coughs, sneezes, talks, or raises their voice.” 10
Consistent with this guidance, the Universities are using online and in-person
messaging to encourage safe behaviors among their students, faculty, and staff. This
includes encouraging (and often requiring) face coverings, encouraging frequent
handwashing, and requiring six-foot distancing in public areas.

Creating a Safer Environment — Public-health officials also recommend
enhanced cleaning and improved ventilation to prevent COVID-19. When ventilation
is poor and air stays stagnant, COVID-19 is more likely to spread. 11 That calls for
additional precautions indoors. Experts recommend “that ventilation systems operate
properly and [recommend] increas[ing] circulation of outdoor air as much as
possible.” 12
Consistent with this guidance, the Universities are enhancing cleaning in
classrooms, dining areas, residences, and common areas. They are also improving
HVAC systems to create extra ventilation.13
10
CDC, Considerations for Wearing Cloth Face Coverings, Help Slow the Spread of
COVID-19 (July 16, 2020), https://www.cdc.gov/coronavirus/2019-ncov/prevent-
getting-sick/cloth-face-cover-guidance.html.
11
Mary Van Beusekom, Indoor Spread of COVID-19 Can Be Lessened, Experts Say,
UNIVERSITY OF MICH. CENTER FOR INFECTIOUS DISEASE RESEARCH AND POLICY
(CIDRAP) (May 28, 2020), https://www.cidrap.umn.edu/news-
perspective/2020/05/indoor-spread-covid-19-can-be-lessened-experts-say.
12
CDC, Considerations for Restaurants and Bars (July 17, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/business-
employers/bars-restaurants.html.
13
ASU, UA, and NAU are also taking steps to limit the spread by “testing and
tracing” positive COVID-19 cases. See sources cited supra note 6.
-6- No. CV-20-0190-SA

B. Enjoining the Limitations on Bars Now Would Threaten the
Universities’ Efforts to Stop the Spread of COVID-19.
ASU, UA, and NAU are not sealed off from Tempe, Tucson, Flagstaff, and other
communities where their campuses sit. Students, faculty, and staff eat, shop, travel, and
often live in those communities. As a result, the Universities have extended their efforts
to those communities, including coordinating with public-health officials and

encouraging safe measures within nearby businesses. ASU, for example, has written
local businesses, asking them to commit to enforce public-health mandates—especially
face coverings—in their establishments. See Appendix (“APP”) 20-21. Bars present an
additional and more complicated challenge because they are gathering places where
patrons are actively eating and drinking and therefore unlikely to replace their face
covering between sips. The combination of close proximity, extended duration, and
impracticality of protective measures makes them breeding grounds for spreading
COVID-19.
1. Bars Breed the Spread of COVID-19.

As Dr. Anthony Fauci recently told the U.S. Congress, “Congregation at a bar,
inside, is bad news. We really have got to stop that.” 14 He more recently stated:
“[C]lose those bars. They are seriously the — one of the major reasons why we’re
seeing [a recent surge in cases].”15
14
Amanda Watts, Stop Going to Bars, Dr. Fauci Tells Americans, CNN (June 30,
2020), https://www.cnn.com/2020/06/30/health/fauci-stop-going-to-bars-
trnd/index.html.
15
Woodruff, supra note 2.
-7- No. CV-20-0190-SA

Why are bars particularly risky? In short, they allow (and even invite) an
environment that, in most respects, is exactly the opposite of the safe environment that
public-health
officials
recommend—
and that the
Universities are
diligently
working to
create.16
No Social Distancing — CASA Tempe bar near ASU, on May 11,
2020, before EO 2020-43
While Universities implement social
distancing, similar measures are
difficult, if not impossible, at many
bars. “Bars are inherently one

setting where social distancing is
quite difficult to practice and
enforce” and, as a result, “are
certainly one venue ripe for
CDC, Restaurants and Bars, Reduce the Spread of COVID-19 (June 10, 2020),
16
https://www.cdc.gov/coronavirus/2019-
ncov/images/community/Rest_Bars_RiskAssessment.jpg.
-8- No. CV-20-0190-SA

transmission of the virus.”17- 18 The lack of distancing worsens as people become
intoxicated; “[a]lcohol lowers your inhibition and judgment, and in the setting of loud
music in a bar or nightclub, often makes you move closer to other people.”19
Unhealthy Personal Behaviors — While the Universities encourage safe
behaviors like wearing masks, those behaviors are in short supply at bars. It is virtually
impossible to wear a mask when drinking. And, “[a]s people become intoxicated [at
bars], they tend to talk louder, tell jokes or sing, which spreads more droplets.” 20 “In
many bars, loud music or noisy crowds force you to move closer to hear.”21 Alcohol
compounds the risk—“Alcohol of course can disinhibit people and perhaps promote
even more breaches of social distance and sharing of drinks and food.”22
Unsafe Environment — Finally, while the Universities are working to ensure
that the environment and air in which students will learn, dine, and live will be as safe
as possible, bars pose unique risks, especially due to ventilation.23 “[I]n the absence of
17
Ramon Padilla, Why Bars Are Hot Spots for COVID-19 Transmission, USA
TODAY (July 16, 20200), https://www.usatoday.com/in-
depth/graphics/2020/07/16/why-bars-hotspots-covid-19-
transmission/5389988002/.
18
Laura Saria et al., ‘Life Has Got To Go On’: Here’s What Happened When Arizona
Restaurants Started Reopening, AZCENTRAL.COM (May 12, 2020),
https://www.azcentral.com/story/entertainment/dining/2020/05/12/phoenix-
restaurants-reopen-dine-service-coronavirus-shutdown/3111561001/.
19
Id.
20
Id.
21
Id.
22
Tara Parker-Pope, A Virus Walks Into a Bar …, N.Y. TIMES (June 25, 2020),
https://www.nytimes.com/2020/06/25/well/live/coronavirus-spread-bars-
transmission.html.
23
Adrianna Rodriguez, Most Air Conditioning Systems Don’t Protect Against the
Coronavirus. In Some Cases, They Can Actually Facilitate Spread, USA TODAY (July 15,
2020), https://www.usatoday.com/story/news/health/2020/07/15/covid-air-
-9- No. CV-20-0190-SA

effective ventilation, the virus can fill a bar in a matter of hours.”24 Nor does air
conditioning solve the problem—it may actually exacerbate the problem by
recirculating the same air and further spreading the virus.25

Experience confirms these elevated risks from bars—especially those near
college campuses. A single bar near Michigan State University spawned 152 COVID-
19 cases. 26 Bars near Louisiana State University contributed to over 100 cases. 27 “A
bar near the University of Central Florida has had its state alcoholic beverage license
suspended for violating reopening guidelines after 13 employees and at least 28
customers tested positive for the novel coronavirus.”28
2. Because Bars Surround the Universities, Reopening Them

Prematurely Would Expose the Universities to Unnecessary
Risks.
From ASU’s Mill Avenue to UA’s Fourth Avenue and to NAU’s Route 66, bars
are concentrated around the Universities’ campuses. On the below map of ASU’s
conditioning-could-facilitate-coronavirus-airborne-spread/5429919002/ (“Even in
bars and restaurants where social distancing is observed, air ventilation can carry
respiratory droplets or aerosols that contain [the] virus . . . .”).
24
Padilla, supra note 16.
25
CIDRAP, supra note 11.
26
Virus Cases Linked to Harper’s Bar Rise to 152, DETROIT NEWS (July 2, 2020),
https://www.detroitnews.com/story/news/local/michigan/2020/07/02/covid-19-
cases-linked-harpers-bar-east-lansing-138/5361736002/.
27
LDH Confirms COVID-19 Outbreak Connected to Tigerland Bars in Baton Rouge,
La. Department of Health (June 19, 2020),
http://www.ldh.la.gov/index.cfm/newsroom/detail/5645.
28
Jim Turner, Florida Yanks This College Bar’s License After Dozens Test Positive for
COVID-19, MIAMI HERALD (June 23, 2020),
https://www.miamiherald.com/news/coronavirus/article243733752.html.
-10- No. CV-20-0190-SA

Tempe campus, for example, every black beacon is an establishment with a relevant
liquor license29:
29
To illustrate the proximity of bars to ASU’s Tempe campus, this map shows
the establishments that have a Series 6 or Series 7 liquor license. See APP 22-41
(listing every such establishment); see also Search by License Type in an Arizona Zip Code,
Ariz. Dep’t of Liquor, https://azliquor.gov/query/search_series_zip.cfm (last visited
July 18, 2020).
-11- No. CV-20-0190-SA

131 bars are in the zip codes for the Universities’ main campuses:
Campus Relevant zip Total bars30

codes
Arizona State 85281 44
University (Tempe)
Northern Arizona 86001 & 86011 31
University (Flagstaff)
University of Arizona 85701, 85719, 56
(Tucson) 85721, & 85724
Total 131
Bars also market to university students. As one general study reported, “[a]lcohol
outlets near college campuses commonly use[d] various discounts and promotions to
attract students”: “About 73% of [bars] offered specials on weekends, and about 45%
of [bars] were offering promotions in the next 30 days.” 31 These marketing strategies
30
These calculations are based on the number of businesses—in the relevant
zip codes—that have either a “bar” or “beer & wine bar” license from the Arizona
Department of Liquor. Names and addresses of these licensees are listed at APP 22-
41.
31
Meichun Kuo et al., The Marketing of Alcohol to College Students: The Role of Low
Prices and Special Promotions, 25 AM. J. PREV. MED. 204, 204, 207 (2003),
http://archive.sph.harvard.edu/cas/Documents/marketingalcohol/AlcoholPromotio
n.pdf.
-12- No. CV-20-0190-SA

are specifically used to target Arizona’s Universities. A few examples illustrate the
point 32:
Collins Irish Pub and Grill (@CollinsIrishPub), FACEBOOK (Jan. 13, 2020),
32
https://www.facebook.com/CollinsIrishPub/photos/a.10150107127096099/101568
02231006099/?type=3&theater; CASA Tempe (@casatempe), FACEBOOK (Feb. 27,
2020),
https://www.facebook.com/casatempe/photos/a.555727967781798/3009282445759
659/?type=3&theater; Sky Bar Tucson (@skybartucson), FACEBOOK (Aug. 17, 2018),
https://www.facebook.com/skybartucson/photos/a.10151178101678406/10155968
810763406/?type=3.
-13- No. CV-20-0190-SA

Similar advertisements fill student and local newspapers, student informational
pamphlets, and local tourism guides.33
These marketing efforts succeed in drawing students (and other young adults) to
college bars. According to one study, “the ‘wet’ alcohol environment around
33
See, e.g., Kellie Hwang, 12 Best Bars for ASU Students in Tempe,
AZCENTRAL.COM (June 21, 2019),
https://www.azcentral.com/story/entertainment/dining/cocktails/2015/09/10/top-
bars-asu-students-tempe/31258249/ (“Tempe, home to [ASU], is packed with
nightlife hot spots.”); Julie Anderson, Flagstaff Late Night Guide, THE LUMBERJACK
(Jan. 19, 2016), http://www.jackcentral.org/culture/flagstaff-late-night-
guide/article_3cae4266-c3dc-11e3-95f0-001a4bcf6878.html (“If you are a curious
NAU undergrad, freshly anointed into the previously elusive ‘21 and up club’ and
want to experience the historic Route 66 bar scene, there is guaranteed to be a local
watering hole that will fit your thirsty needs.”); Campus Guide 2018, DAILY WILDCAT
(Aug. 1, 2018), at 20, 51, 70, https://issuu.com/arizonadailywildcat/docs/binder2
(advertising for bars near UA).
-14- No. CV-20-0190-SA

campuses—including lower sale prices, more promotions, and alcohol advertising at
both on- and off-premise establishments—was correlated with higher binge-drinking
rates on the college campuses.”34 And according to a 2017 survey of young adults, 51
percent of those aged 21 to 26 “typically go to a bar at least once per week, followed by
42 percent of” those aged 18 to 35.35
II. THE PUBLIC INTEREST WEIGHS SO HEAVILY AGAINST AN

INJUNCTION THAT ONE SHOULD NOT ISSUE.
This case is a paradigm of why courts are “not automatically obligated to grant
an injunction for every violation of law.”36 In the face of the specific health risks posed
by reopening bars, the “public consequences in employing the extraordinary remedy of
injunction” are so grave that an injunction should not issue even if the Court were to
find any infirmities in the Executive Order. 37
Many courts have held that injunctions against public-health measures—like the
Executive Order—would harm the public interest.38 Courts recognize that “protecting
34
Meichun Kuo, supra note 31.
35
Kevin Breuninger, 20-Somethings Spend More Than Other Americans on Coffee,
Dining Out and Barhopping, CNBC (June 26, 2017),
https://www.cnbc.com/2017/06/26/20-somethings-spend-more-than-other-
americans-on-coffee-dining-out-and-bar-hopping.html.
36
eBay, 456 U.S. at 312–13.
37
Weinberger, 456 U.S. at 312.
38
See, e.g., Xponential Fitness v. State, No. CV-20-01310-PHX-DJH, 2020 WL
3971908, at *11 (D. Ariz. July 14, 2020) (“Granting Plaintiffs the relief they seek [to
enjoin the Governor’s executive orders] would pose serious risks to public health.”);
Benner v. Wolf, No. 20-cv-775, 2020 WL 2564920, at *9 (M.D. Pa. May 21, 2020); In re
Abbott, 954 F.3d 772, 795 (5th Cir. 2020).
-15- No. CV-20-0190-SA

public health during such a time [as the COVID-19 pandemic] is at its zenith[] [i]n the
unprecedented circumstances now facing our society.” 39
Although the Board, like the courts, “sympathizes with . . . business owners, and
their patrons,”40 the Executive Order merely sets reasonable limitations as a result of
this global pandemic. These limits are temporary and expressly subject to
“reconsider[ation] for repeal or revision” as public health conditions change. 41

Moreover, the Order limits only some operations while permitting bars to “continue
serving the public through pick up, delivery, and drive-thru operations.” 42
In sum, the Bar Owners cannot “adduce evidence to prove that their losses
outweigh the grave harms that could result to [the public] from a widespread COVID-
19 outbreak.”43 As one court poignantly put it, “the difficulties of living under the
restrictions of [the order] . . . are temporary, while to those who contract the virus and
cannot recover (and to their family members and friends), it is all too permanent.”44
Equity thus precludes the injunctive relief the Bar Owners seek. Even if the Bar
Owners’ legal challenge to the Executive Order had merit, there is a solution that would
39
In re Abbott, 954 F.3d at 795.
40
Xponential, 2020 WL 3971908, at *11.
41
Pet. for Special Action, App. at 66.
42
Id. at 65.
43
Benner, 2020 WL 2564920, at *9.
44
Opinion and Order Regarding Plaintiffs’ April 23, 2020 Motion for a
Preliminary Injunction at 17, Martinko v. Whitmer, No. 20-00062MM (Mich. Ct. Cl.
Apr. 29, 2020); Benner, 2020 WL 2564920, at *9 (“[W]hile we acknowledge that
Petitioners have important financial equities at play in this case, they have failed to
adduce evidence to prove that their losses outweigh the grave harms that could result
to all Pennsylvanians from a widespread COVID-19 outbreak.”).
-16- No. CV-20-0190-SA

not potentially put lives at risk: allow the Legislature an opportunity to correct that
purported issue, without enjoining the Order. 45
CONCLUSION
Executive Order 2020-43 represents the Governor’s sound judgment that bars
present an acute source for the spread of COVID-19. Upsetting that judgment by
prematurely reopening bars would place the Bar Owners’ interests over the general
public’s, and especially over the Universities’ students, faculty, and staff. This Court
should decline jurisdiction over the Bar Owners’ Petition for Special Action, and in all
events, deny the requested relief.
45
See Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, 179 Ariz. 233, 243 (1994)
(issuing declaratory, but not injunctive, relief to give the Legislature the opportunity to
correct a legal impediment in an Arizona law).
-17- No. CV-20-0190-SA

July 23, 2020 Respectfully submitted,
PERKINS COIE LLP
By: s/ Joel W. Nomkin

Paul F. Eckstein
Joel W. Nomkin
Thomas D. Ryerson
Matthew R. Koerner
2901 North Central Avenue, Suite 2000
Phoenix, Arizona 85012-2788
Telephone: 602.351.8000
GREENBERG TRAURIG, LLP
By: s/ Dominic E. Draye

Dominic E. Draye
2375 E. Camelback Road
Telephone: 602.445-8000
Phoenix, Arizona 85016
Attorneys for Amicus Curiae
the Arizona Board of Regents
-18- No. CV-20-0190-SA

APPENDIX
TABLE OF CONTENTS
Document Page
7/14/2020 Letter from Michael Crow 20
7/18/2020 Dep’t of Liquor Licenses and Control search results 22
19
July 14, 2020
Dear :
As President of Arizona State University, I am writing to bring your attention to our ASU “Live
Well, Be Well” program, intended to provide our students, faculty, staff and visitors the
healthiest and most productive living and learning environment possible. These plans reflect
current public health guidance from the U.S. Centers for Disease Control, the Arizona State
Department of Health, Maricopa County and the municipalities in which our campuses reside.
You are welcome to view our Live Well, Be Well website and video to learn more.
We look forward to the fall 2020 semester and we are requesting , as a

business that serves ASU students, faculty and staff, join us in our efforts. Campus life will look
different in many ways. We will all need to make these adjustments together. With the
cooperation and care of every member of the Sun Devil community, which includes cities,
businesses and other organizations in our surrounding communities, we are confident we can
all have a successful fall semester. Collectively, our efforts will help keep our communities safe
and our economy moving.
As you know, Arizona continues to face mounting numbers in COVID-19 cases. In order to
address this situation, Maricopa County and our cities have put orders in place requiring people
to wear face-coverings in public, where social distancing is not possible. Additionally, ASU is
requiring the wearing of face-coverings in all buildings and in outdoor community spaces when
social distancing is not possible. These actions are supported by a large body of scientific
evidence that wearing a face covering significantly slows and reduces the spread of COVID-19.
In order to provide the kind of campus environment that we believe is necessary for the health
and success of our students, we need your help.
Outlined below are important public health practices. We ask that you or someone from your
team please confirm your commitment to each of the following:
 Employee Training: It is imperative that your business, your managers, and your
employees understand the masking requirement and its importance to the control of
COVID-19 spread and our collective ability to manage the rate of infection. Please have
visible signage at your place of business for customers to understand the face-covering
policy to transact business. Please put in place, if you have not already, a training
program for all employees. The training should include material regarding COVID-19, its
spread, and ways to constructively and politely engage customers who are not
complying with the county or city requirement to wear a face covering and the
requirement to wear a face covering, which has also been imposed by your company or
business. If you need ASU’s assistance in doing this, please let us know. We will be glad
to help.
 Employee Empowerment: It is also imperative that you empower your employees to

appropriately escalate matters regarding face covering. This may include a polite
reminder, securing the assistance of a manager and/or refusal to provide services or sell
goods to customers who are not wearing a face covering or mask as required and as
appropriate.
20
 Public Health Enforcement: Finally, given the seriousness of the situation that we are all
facing, if your company or business chooses to continue to sell goods and services to
customers who refuse to engage in the public health practices that protect our students,
staff and faculty, it will not be possible for ASU to do business with your company or to
recommend that our students, faculty and staff do business with your company. This
public health practice has been much harder for many companies and businesses to
adopt than it should be (e.g. “No Shirt, No Shoes, No Mask, No Service”). It will no
longer be tolerated.
I am asking you to please confirm that your company, your stores and your employees comply
with the general principles laid out above by filling out this form.
When your company or business confirms, we would like to offer you an opportunity to
participate in our Sun Devil Rewards program. You will be promoted to 50,000 Sun Devil
Rewards members through email, push notifications and in-app communication and through
inclusion of your product or service in our rewards catalog for students, staff, alumni and
fans. Using Sun Devil Rewards check-in feature, we’ll reward our members with Pitchforks
(points) for visiting our partner’s business locations. We will also list you as a preferred partner
in fighting the spread of COVID-19 in public facing materials for employees, students and their
families and the broader community.
If you need support with reopening, training or managing your business through these public
health circumstances, we are here to help. We are advising local, national and international
partners as they reopen and have assisted several entities in this process including
municipalities, non-profits, businesses, and sports teams. To learn more about how we can
assist, please visit Reopen your business with ASU. We can also support signage needs for
your business that helps remind customers of social distancing and health and wellness
protocols. You can access our community signage here.
ASU will be ready for whatever circumstances arise in the fall. It is what Sun Devils do—we face
challenges with creativity and grit, leaning on adaptability and innovation. Our commitment to
building student success is what unites the ASU community and we appreciate your
commitment and willingness to help us do so.
Again, thank you in advance for your commitment in supporting the health and well-being of the
ASU community. Should you need any more information or have any further questions, you are
welcome to email me at [email protected].
Sincerely,
Michael M. Crow
President
Arizona State University
21
7/18/2020 Results of License Type in a Zip Code
Department of Liquor Licenses and Control
Results for Bar in 85281

29 records found
License Number Location Name Owner/Agent
06073613 AC HOTEL TEMPE LEWKOWITZ, ANDREA

Active 100 E RIO SALDAO Parkway 480-642-6140
TEMPE Arizona 85281
06070203 ALOFT TEMPE LEWKOWITZ, ANDREA

Active 951 E PLAYA DEL NORTE Drive 480-621-3300
TEMPE Arizona 85281
06070637 AMC CENTERPOINT 11 LEWKOWITZ, ANDREA

Active 730 S MILL Avenue 480-207-2534
TEMPE Arizona 85281
06070073 ARLIES BAR & GRILL WAGENBLAST, ARLANA

Active 2155 E UNIVERSITY Drive #116 480-305-0852
TEMPE Arizona 85281
06070580 AURA TEMPE MILLER, JEFFREY

Active 411 S MILL Avenue #201 480-210-2872
TEMPE Arizona 85281
06070520 CASA MILLER, JEFFREY

TEMPE Arizona 85281
06073504 CASEY MOORES OYSTER HOUSE ST VINCENT, PATRICIA

Active 850 S ASH Avenue 480-968-9935
TEMPE Arizona 85281
06073626 CHARLIE TRUMBULL'S TEMPE NATIONAL MILLER, JEFFREY

TEMPE Arizona 85281
06070459 CULINARY DROPOUT FOX, SAMUEL

Active 149 S FARMER Avenue 480-905-6920
TEMPE Arizona 85281
06070603 DAVE & BUSTERS LEWKOWITZ, ANDREA

Active 2000 E RIO SALADO Parkway #1100 480-281-8456
TEMPE Arizona 85281
06070319 DEVIL'S ADVOCATE BAR & GRILL STETSER, JARRED

Active 955 E UNIVERSITY 480-236-4417
TEMPE Arizona 85281
06070365 EL HEFE NATIONS, RANDY

TEMPE Arizona 85281
06070237 ELITE CABARET AT 910 LIVE MERRETT, LAUREN

Active 910 N MC CLINTOCK Drive 480-966-0707
TEMPE Arizona 85281
06070146 FAT TUESDAY WILFORD, CHAD

TEMPE Arizona 85281
06070626 GRADUATE TEMPE HUELLMANTEL, PERRY

Active 225 E APACHE Boulevard 480-967-9431
TEMPE Arizona 85281
06070103 HANDLE BAR & GRILL MASON, KYLE

22
https://azliquor.gov/query/results_series_zip.cfm 1/2
Active 680 S MILL Avenue #B1-109 480-239-7114
TEMPE Arizona 85281
06070116 LODGE SASQUATCH KITCHEN SCHELSTRAETE, PETER

Active 26 S FARMER Avenue 480-967-7122
TEMPE Arizona 85281
06070029 LOW KEY PIANO BAR NATIONS, RANDY

Active 501 S MILL AVE B-101 480-557-5595
TEMPE Arizona 85281
06070263 MARQUEE THEATER LEWKOWITZ, H

Active 730 N MILL Avenue 480-829-0607
TEMPE Arizona 85281
06070230 MILL CUE CLUB NATIONS, RANDY

Active 607 S MILL 480-858-9017
TEMPE Arizona 85281
06070306 STARTERS SPORTS BAR & GRILL COLBY, MIRIAM

Active 1400 S MCCLINTOCK Drive #15 480-967-2622
TEMPE Arizona 85281
06070269 SUN DEVIL STADIUM YOUNG, DONALD

Active 425 E UNIVERSITY Drive #114 ASU/UNIVERSITY ACTIVITIES CTR 480-965-4215
TEMPE Arizona 85281
06073621 SUNBAR MILLER, JEFFREY

Active 24 W 5TH Street 480-307-5462
TEMPE Arizona 85281
06070800 TED'S REFRESHMENTS WRIGHT, JULIAN

TEMPE Arizona 85281
06070253 TEMPE IMPROV/COPPER BLUES LEWKOWITZ, ANDREA

Active 930 E UNIVERSITY D1-201 480-921-9877
TEMPE Arizona 85281
06070083 TEMPE TAVERN TASSO, ROBERT

TEMPE Arizona 85281
06070376 VINE TAVERN & EATERY KENNEDY, JOSEPH

TEMPE Arizona 85281
06070568 WHISKEY ROW NATIONS, RANDY

TEMPE Arizona 85281
06070353 ZUMA GRILL NATIONS, RANDY

TEMPE Arizona 85281
23
Results for Beer and Wine Bar in 85281

15 records found
07070055 CHUCKBOX BOYDSTON, JOHN

Active 202 E UNIVERSITY Drive 480-968-4712
TEMPE Arizona 85281
07070469 DEHLI PALACE CUISINE OF INDIA BAINS, LASHKAR

Active 933 E UNIVERSITY Drive #103 & 104 602-921-2200
TEMPE Arizona 85281
07070254 FOUR PEAKS BREWING CO MEYER, CHRISTOPHER

Active 1340 E 8TH Street #104 480-303-9967
TEMPE Arizona 85281
07070147 GUS'S NEW YORK PIZZA YOUNAN, ALFRED

Active 829 S RURAL Road 480-829-3995
TEMPE Arizona 85281
07070791 HAMPTON INN & SUITES KUBER, SHAILESH

Active 1550 S 52ND Street 480-410-6400
TEMPE Arizona 85281
07070090 HARKINS TEMPE MARKETPLACE LEWKOWITZ, ANDREA

Active 2000 E RIO SALADO Parkway STE 1160 480-557-0027
TEMPE Arizona 85281
07070181 HOMEWOOD SUITES LEWKOWITZ, ANDREA

Active 66 S ROCKFORD Drive 480-966-2780
TEMPE Arizona 85281
007070008388 HUDSON EATERY & BAR DELLY, BASHAR

TEMPE Arizona 85281
07070660 KOLBY'S CORNER POCKET BILLIARDS DESANTIS, BRIAN

Active 1301 E UNIVERSITY Drive #112 480-829-7344
TEMPE Arizona 85281
07073603 LIQUOR EXPRESS DELLY, BASHAR

TEMPE Arizona 85281
07070092 RESIDENCE INN BY MARRIOTT GILLIS, DANA

Active 510 S FOREST Avenue 480-967-2300
TEMPE Arizona 85281
07073604 SPRINGHILL SUITES BY MARRIOTT BRESEE, KIMBERLY

Active 1601 W RIO SALADO Parkway 480-968-8222
TEMPE Arizona 85281
07070079 TASTE OF TOPS ECCLES, GREGORY

Active 403 W UNIVERSITY Drive #103 480-967-5643
TEMPE Arizona 85281
07070097 WELLS FARGO ARENA YOUNG, DONALD

Active 600 E VETERANS Way 480-966-4215
TEMPE Arizona 85281
07070103 WHOLE FOODS MARKET CANO, WILLIAM

Active 750 S ASH Avenue #101 480-456-1400
TEMPE Arizona 85281
24
25

12 records found
06030043 ARIZONA SNOWBOWL MURRAY, JOHN

Active HWY 180 & SNOWBOWL Road 928-774-0729
FLAGSTAFF Arizona 86001
06030052 BLENDZ ROLLE, RANDI

Active 21 E ASPEN Avenue 928-779-6445
06030007 COLLINS IRISH PUB & EATERY NATIONS, RANDY

Active 2 N LEROUX Street 928-214-7363
06030003 FLAGSTAFF EMBASSY SUITES MERRETT, LAUREN

Active 706 S MILTON Road 928-774-4333
06030039 GRAND CANYON BREWING & DISTILLERY PEASLEY , JOHN

Active 1800 S MILTON Road #11 928-774-1114
06030055 LOTUS LOUNGE NATIONS, AMY

Active 106-8 N SAN FRANCISCO Street 928-213-1825
06030033 MCMILLAN LEWKOWITZ, ANDREA

Active 2 W ROUTE 66 602-200-7222
06030048 MONTE VISTA LOUNGE CRAVEN, JAMES

Active 100 N SAN FRANCISCO Street 928-774-2403
06030016 ORPHEUM THEATER AGENT , NO

Active 15 W ASPEN Street 928-556-1580
06030021 SPORTSMAN'S BAR & GRILL NATIONS, RANDY

Active 1000 N HUMPHREYS Street #98 928-774-4022
06030032 UPTOWN PUBHOUSE JAY, JAMES

Active 114 N LEROUX Street 928-773-0551
06030057 WEATHERFORD HOTEL/CHARLY'S TAYLOR, HENRY

Active 23 N LEROUX 928-779-1919
26

19 records found
07030001 CRYSTAL CREEK SANDWICH CO MASTROSIMONE, THOMAS

Active 1051 S MILTON Road 928-774-9373
007030006597 FAMOUS PIZZA & BEER REPINSKI, JARED

Active 104 E RT 66 928-440-5286
07030029 FLAGSTAFF ATHLETIC CLUB GARRETSON, JAMES

Active 1200 W RTE 66 928-779-4593
07030013 FLAGSTAFF HILTON GARDEN INN FAKHOURY, NICOLA

Active 350 W FOREST MEADOW 928-226-8888
07030089 FLG TERROIR WOJTKIELEWICZ, FREDERIC

Active 17 N SAN FRANCISCO Street STE 2A 928-773-9463
07030071 HISTORIC BREWING COMPANY BARREL & BOTTLE HOUSE KENNELLY, JOHN
Active 110 S SAN FRANCISCO Street STE C 928-600-5192
07030069 HOPS ON BIRCH EVANS, JUSTIN

Active 22 E BIRCH Avenue #2 928-440-5380
07030039 HUNAN WEST KWAN, OSCAR

Active 1302 S Plaza 520-779-2229
07030050 MAJESTIC MARKETPLACE SHULMAN, LYNN

Active 601 E PICCADILLY Drive #95 928-773-0313
07030024 MOTHER ROAD BREWING COMPANY MARQUESS, MICHAEL

Active 7 S MIKES PIKE 928-774-9139
07030073 MOTHER ROAD BREWING COMPANY MARQUESS, MICHAEL

Active 1300 E BUTLER Avenue STE 200 928-774-0492
07030020 MOUNTAIN TOP TAP ROOM KAY, STACI

Active 10 E ROUTE 66 928-266-1282
07030017 NOMADS GLOBAL LOUNGE DISHMAN MCCULLOCH, LISA

Active 19 W PHOENIX Avenue 928-774-7958
07030051 PAY N TAKE TALKINGTON , EDWARD

Active 12 W ASPEN 928-226-8595
07030007 PETER PIPER PIZZA #1249 GUTTILLA, NICHOLAS

Active 1500 S RIORDAN RANCH Road 928-779-5113
07030031 TOURIST HOME URBAN MARKET HEINONEN, KEVIN

27
Active 34-50-52 S SAN FRANCISCO Street 928-266-8400
07030076 VINO LOCO NORTHWAY , RIANT

Active 22 E BIRCH Street #1 928-774-0420
07030068 WHOLE FOODS MARKET ROFF, JEFFREY

Active 320 S CAMBRIDGE Lane 928-774-5747
07030047 WOODY MOUNTAIN CAMPGROUND BOGGESS, JONETTE

Active 2727 W RT 66 928-774-7727
28

0 records found
29

0 records found
30

17 records found
06100114 191 TOOLE AGUILERA, THOMAS

Active 191 E TOOLE Avenue 520-445-6425
TUCSON Arizona 85701
06100182 AC HOTEL TUCSON LEWKOWITZ, ANDREA

Active 151 E BROADWAY Boulevard 520-385-7111
06100205 BATCH CAFE & BAR AGUILERA, THOMAS

Active 118 E CONGRESS 520-884-1800
06100219 CHARRO STEAK KRAMBER, KEVIN

Active 186 & 188 E BROADWAY Boulevard 520-485-1922
06100041 COBRA ARCADE LEWKOWITZ, ANDREA

Active 63 E CONGRESS Street STE 109 520-955-1556
06100150 FOX THEATER KRAMBER, KEVIN

Active 17 W CONGRESS Street 520-624-1515
06100166 FUNKY MONK NATIONS, AMY

Active 350 E CONGRESS Street #A 520-398-5130
06100207 HI FI KITCHEN & COCKTAILS NATIONS, RANDY

Active 345 E CONGRESS Street 520-268-9110
06100066 HIGHWIRE LOUNGE KRAMBER, KEVIN

Active 14 S ARIZONA Avenue 520-449-8673
06100175 HOTEL CONGRESS AGUILERA, THOMAS

06100270 INDEPENDENT DISTILLERY AGUILERA, THOMAS

Active 30 S ARIZONA Avenue 520-609-5864
06100095 JOHN HENRYS SCOTT, BRENNDON

Active 117 N 6TH Avenue 520-275-8483
06105000 OWL'S CLUB BAR KRAMBER, KEVIN

Active 236 S SCOTT Avenue 520-207-5678
06100079 PLAYGROUND LEWKOWITZ, ANDREA

Active 278-282 E CONGRESS Street 520-207-8201
06100100 REILLY CRAFT PIZZA & DRINK FENTON, TYLER

Active 101 E PENNINGTON Street 520-882-5550
06100283 RIALTO THEATRE AGUILERA, THOMAS

31
06100146 ZEN KRAMBER, KEVIN

32

14 records found
07100006 ARIZONA THEATRE COMPANY MURPHY, KELLIE

Active 330 S SCOTT Avenue 520-884-8210
07100297 BORDERLANDS BREWING COMPANY KRAMBER, KEVIN

Active 119 E TOOLE Avenue 520-261-8773
07103600 DONUT BAR MUELLER, BRADLEY

Active 33 N 6TH Avenue 520-609-8443
07100068 EL CHARRO RESTAURANT FLORES, RAYMOND

Active 311 N Court 520-622-5465
07100228 EL MINUTO CAFE SHAAR, ROSALVA

Active 354 S MAIN 520-882-4145
07100046 IGUANA CAFE PADILLA ZEPEDA, JESUS

07100168 IRON JOHNS BREWING COMPANY KRAMBER, KEVIN

07100484 IRON JOHN'S BREWING COMPANY KRAMBER, KEVIN

Active 555 E 18TH Street 520-775-1727
07100151 JOHNNY GIBSONS DOWNTOWN MARKET ABBOTT, JOHN

Active 11 S 6TH Avenue 520-327-6653
07101008 MAYNARDS MARKET & KITCHEN AGUILERA, THOMAS

Active 400 N TOOLE Avenue 520-545-0577
07101008 MAYNARDS MARKET & KITCHEN AGUILERA, THOMAS

Active 400 N TOOLE Avenue 520-545-0577
07100104 SCREENING ROOM PIKE , DAVID

07100145 THUNDER CANYON BREWERY TRACY, STEPHEN

Active 220 E BROADWAY Boulevard STE A 520-396-3480
07100133 TUCSON MUSEUM OF ART REPINSKI, JARED

Active 140 N MAIN Avenue 520-624-2333
33

11 records found
06100040 BASHFUL BANDIT SCOTT, BRENNDON

Active 3686 E SPEEDWAY Boulevard 520-795-8996
06100052 BAY HORSE TAVERN COMPTON, SUSAN

Active 2802 E GRANT Road 520-326-8554
06100184 CENTURY EL CON 20 LEWKOWITZ, ANDREA

06100158 DANNY'S BABOQUIVARI LOUNGE HULTEN, ERIK

Active 2910 E FT LOWELL Road 520-795-3178
06100048 FEAST LEVY, DOUGLAS

Active 3719 E SPEEDWAY 520-326-9363
06100097 FT LOWELL DEPOT CLARK, WILLIAM

Active 3501 E FT LOWELL Boulevard 520-795-8110
06100247 LAFFS COMEDY CAFFE BYNUM, GARY

Active 2900 E BROADWAY STE 160 520-323-8669
06100094 MINT KRAMBER, KEVIN

06100251 RED GARTER SALOON WALDEN, MATTHEW

06100115 SHOOTER'S STEAKHOUSE & SALOON SMITH, MARCELINE

Active 3115 E PRINCE Road 520-322-0779
06100195 SIDECAR AGUILERA, THOMAS

Active 139 S EASTBOURNE Avenue 520-622-1557
34

9 records found
007100010470 BISBEE BREAKFAST CLUB KRAMBER, KEVIN

07100264 CASA VIDEO AGUILERA, THOMAS

07100155 CHOICE GREENS DEFILIPPIS, PAOLO

07100071 LOFT CINEMA JOHNSON, PEGGY

07100308 POSTINO GRANT LEWKOWITZ, ANDREA

Active 2500 E GRANT Road #112 602-246-7555
07100169 RINCON MARKET WILKE, PETER

Active 2513 E 6TH Street 520-327-6653
07100211 RUMRUNNER ELCHUCK, JENNIFER

Active 3131 E FIRST Street 520-326-0121
07100121 SUSHI GARDEN KIM, CHUN

07100326 TUCSON HOP SHOP AGUILERA, THOMAS

Active 3230 N DODGE Boulevard 520-908-7765
35

11 records found
06100081 ARIZONA INN CONROY, WILL

Active 2200 E ELM Street 520-325-1541
06100028 CLICKS KOWALSKI, ALAN

Active 3325 N 1ST Avenue #100 520-887-7312
06100122 DIRTBAG'S WELCH, GARY

06100125 GENTLE BEN'S BREWING CO FIFER, RICHARD

Active 865 E UNIVERSITY Boulevard 520-624-4177
06100120 GOLDEN NUGGET TAVERN DONALDSON, TIMOTHY

Active 2617 N 1ST Avenue 520-624-7510
06100178 J & V'S ROCKABILLY GRILL CARLSON, ALLAN

Active 3700 N ORACLE Road #C 520-888-1900
06100105 LOUIES PUB LAZOS, LOUIE

Active 746 E FT LOWELL 520-623-9937
06100153 MIDTOWN TAVERN SILVERMAN, FRANK

06100255 NANCYS BOONDOCKS KUHLMANN, NANCY

06100023 ROCK VAN STELLE, KENT

Active 136 N PARK Avenue 520-629-9211
06100080 SILVER ROOM HARKINS, ROBERT

Active 673 S PLUMER Avenue 520-624-6434
36

14 records found
07100295 1702 LEPIE, ERIC

07100146 BEYOND BREAD COLLIER, SHELBY

Active 3026 N CAMPBELL Avenue 520-322-9965
07100227 BLUE WILLOW RESTAURANT RAMEY, REBECCA

07101004 CHINA SZECHWAN LIU, RICHARD

Active 1800 E FORT LOWELL Road #136 520-795-0888
07100212 MARIO'S PIZZA SVAY, CHAYVANCHHIB

07100077 MCNESBYS EAST COAST SUPER SUBS MC NESBY, KEITH

Active 187 N PARK Avenue 520-882-4005
07100027 MISS SAIGON RESTAURANT MA, HIEN

07100020 PELIO GRILL MARKOU, GIORGIOS

Active 994 E UNIVERSITY Boulevard 520-777-4967
07100106 PHO CAN THO BY ONE NGUYEN, NGOC

07100249 PLAZA LIQUORS THOMSON, MARK

Active 2642 N CAMPBELL 520-327-0452
07100296 SAUSAGE DELI FANELLI, CHRISTOPHER

07100202 SUSHI CHO DU, NGUU

Active 1830 E BROADWAY Boulevard STE 148 520-628-8800
07100222 UPPER CRUST PIZZA HEDDINGS, NICHOLAS

07100086 VOICE KTV LAU, YIU

Active 2590 N FIRST Avenue 520-338-2388
37

0 records found
38

0 records found
39

0 records found
40

0 records found
41

2020-07-23 ABOR - S Amicus Brief (Beaver V Ducey)

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IN THE SUPREME COURT

MICHAEL BEAVER; JACQUELYN BENDIG; MATT No. CV-20-0190-SA

Paul F. Eckstein (#001822) Dominic E. Draye (#033012)

INTERESTS OF AMICUS CURIAE ........................................................................1

-i- No. CV-20-0190-SA

-ii- No. CV-20-0190-SA

three public universities—Arizona State University (“ASU”), University of Arizona

where the public health consequences of an injunction may be so grave. As Dr.

-2- No. CV-20-0190-SA

I. BARS SUCH AS THOSE SURROUNDING THE UNIVERSITIES ARE

A. The Universities Are Undertaking Extensive Efforts to Protect

-3- No. CV-20-0190-SA

include the following 6:

interacts with others and the longer that interaction,

-4- No. CV-20-0190-SA

-5- No. CV-20-0190-SA

handwashing, and requiring six-foot distancing in public areas.

-6- No. CV-20-0190-SA

to those communities, including coordinating with public-health officials and

1. Bars Breed the Spread of COVID-19.

-7- No. CV-20-0190-SA

bars. “Bars are inherently one

-8- No. CV-20-0190-SA

-9- No. CV-20-0190-SA

recirculating the same air and further spreading the virus.25

2. Because Bars Surround the Universities, Reopening Them

-10- No. CV-20-0190-SA

-11- No. CV-20-0190-SA

Campus Relevant zip Total bars30

-12- No. CV-20-0190-SA

-13- No. CV-20-0190-SA

-14- No. CV-20-0190-SA

II. THE PUBLIC INTEREST WEIGHS SO HEAVILY AGAINST AN

-15- No. CV-20-0190-SA

“reconsider[ation] for repeal or revision” as public health conditions change. 41

-16- No. CV-20-0190-SA

events, deny the requested relief.

-17- No. CV-20-0190-SA

By: s/ Joel W. Nomkin

GREENBERG TRAURIG, LLP

By: s/ Dominic E. Draye

-18- No. CV-20-0190-SA

We look forward to the fall 2020 semester and we are requesting , as a

 Employee Empowerment: It is also imperative that you empower your employees to

Results for Bar in 85281

License Number Location Name Owner/Agent

06073613 AC HOTEL TEMPE LEWKOWITZ, ANDREA

06070203 ALOFT TEMPE LEWKOWITZ, ANDREA

06070637 AMC CENTERPOINT 11 LEWKOWITZ, ANDREA

06070073 ARLIES BAR & GRILL WAGENBLAST, ARLANA

06070580 AURA TEMPE MILLER, JEFFREY

06070520 CASA MILLER, JEFFREY

06073504 CASEY MOORES OYSTER HOUSE ST VINCENT, PATRICIA

06073626 CHARLIE TRUMBULL'S TEMPE NATIONAL MILLER, JEFFREY

06070459 CULINARY DROPOUT FOX, SAMUEL

06070603 DAVE & BUSTERS LEWKOWITZ, ANDREA

06070319 DEVIL'S ADVOCATE BAR & GRILL STETSER, JARRED

06070365 EL HEFE NATIONS, RANDY

06070237 ELITE CABARET AT 910 LIVE MERRETT, LAUREN