PHOENIX — A Maricopa County judge has ended alcohol-to-go. The order applies to restaurants only and is considered a big win for the bar industry.
The case revolves around an executive order that allows restaurants to sell alcoholic to-go drinks. Gov. Doug Ducey granted the privilege to help them survive partial closures during Covid-19. Meanwhile, he forced bars to shut down altogether.
“We don’t want the restaurants to suffer," ASU Associate Law Professor Ilan Wurman said. "All we’re saying is if...people have to suffer the economic consequences of Governor Ducey policy choices during the coronavirus pandemic then we should suffer as equitably as possible. But he’s not treated us equitably.”
Mr. Wurman represents more than 100 bar owners in this matter. He says restaurants pay less than a few grand in licensing costs; whereas, his clients, bars and bottle shops, pay upwards of six figures in licensing costs for the exclusive right to offer to-go drinks.
“That’s what the judge ruled in our favor," Wurman said. "She says the emergency power statute does not mean the governor gets to suspend the law, does not get to violate the law, does not get to repeal the law.”
Don’t expect restaurants to end to-go drinks immediately.
The governor has some time to decide to ask for an appeal, rescind his executive order or call the legislature back into session to try and change the law. As for the restaurant industry, it argues that the new status quo should remain.
“We got to look at it this way. This is not something you can flip a switch on. Restaurants have been ordering inventory," Dan Bogert, chief operating officer of the Arizona Restaurant Association said, "understanding that this was going to be continued. ...Furthermore, we’re going to be looking at bringing some legislation forward in the next legislative session to address this permanently.”
In the meantime, this ruling puts additional uncertainty on restaurants' economic future. Bogert notes drinks to go has been a strong revenue generator as the pandemic persists.
“I think that you don’t need to look any further for evidence of that to how popular this is with the consumer base,” he said.
12 News reached out to Ducey. His office has not yet gotten back to us.