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  3. DUT-AZ-020

Ex. DUT-AZ-020 Standing duty Primary source read

Law-firm legal alert

Arizona Executive Orders on Coronavirus: Enforcement and Penalties (March 26, 2020; updated March 31, 2020)

Snell & Wilmer L.L.P. (legal alert; contemporaneous secondary source) · Arizona (State)

The COVID Project

The record

Jurisdiction
Arizona
Level
State
Authority
n/a (commentary on A.R.S. §§ 26-316, 26-317, 36-140, 13-2908, 13-2917 and EO 2020-09, 2020-10, 2020-18)
Issued
2020-03-26 Mar. 26, 2020
Effective
n/a (commentary) (read as 2020-03-26)
End
n/a (read as 2020-06-30)
In force
Mar. 26, 2020 to June 30, 2020
Quarters
2020 Q2
Limitation types
Stay-at-homeBusiness closureStanding duty
Addressees
  • persons and businesses in Arizona (audience of the alert)
Character
order penalty
Collection
Standing duties: Arizona DUT-AZ

Operative words

People or businesses who violate these orders could get in criminal trouble. A.R.S. § 26-317 provides that a violation of an order, rule, or regulation issued pursuant to the State of Emergency is a Class 1 misdemeanor. This crime carries up to six months in jail and fines that, for a business, go as high as $20,000.

Penalty

as stated in the alert: class 1 misdemeanor (A.R.S. § 26-317); class 3 misdemeanor (A.R.S. §§ 36-140, 13-2908); class 2 misdemeanor and injunction (A.R.S. § 13-2917)

What it required

Advised Arizona businesses at the outset of the emergency that violation of the executive orders was a class 1 misdemeanor under A.R.S. § 26-317, that violation of ADHS regulations was a class 3 misdemeanor under A.R.S. § 36-140, and that criminal nuisance (A.R.S. § 13-2908) and public nuisance (A.R.S. § 13-2917) were additional enforcement routes for which the executive order 'would be strong evidence against a defendant.'

Retrieval note

Grade verified_primary as to what the alert says (the exhibit is the alert); verified_secondary as to the penalty amounts, which the statutes cited do not state and which derive from A.R.S. §§ 13-707 and 13-803 (not saved). Contemporaneous evidence of what Arizona counsel told employers their legal exposure was in the first week of the stay-home order. File-name date '2020-04' reflects the March 26-31, 2020 issuance window.