Arizona gyms, bars, restaurants emerge from COVID closures

It's been a roller coaster ride of emotions for the small-business community throughout Arizona over the past several months, all due to COVID-19. Companies that were initially given the green light to open had to reverse course shortly thereafter following an uptick in infections and cases.

More than a month removed from the second partial shutdown, paused businesses are opening their doors to paying customers, but their ability to remain open may hinge on how closely they heed the state-mandated health guidelines.

Arizona-based companies heavily dependent on customer traffic — such as gyms, dine-in restaurants, amusement parks and movie theaters — were officially authorized to reopen on Aug. 27, and businesses of all sizes took advantage of the opportunity, AZ Central reported.

Prior to this most recent authorization, businesses' ability to resume operations was dependent on case volume. The Arizona Department of Health Services maintains a website with color-coded counties that align with their number of cases. Green counties mean cases are "minimal" while yellow and red mean the infection rate is moderate or substantial, respectively. Maricopa and Pima counties moved into moderate territory, which means businesses in those counties could reopen without needing special approval from Gov. Doug Duncey.

Rules of operation strictly enforced
In addition to not being able to open at full capacity until cases diminish to a 3% positive rate, small-business owners must follow very regimented rules of operation regarding cleanliness, sanitation and customer volume. For example, indoor gyms and fitness centers can allow no more than 25% occupancy when their county is yellow or "moderate." Capacity can rise to 50% when counties move to green.

They must also adhere to more rigorous cleaning standards. Restaurateurs and staff are required to wash their hands more frequently, don face coverings, close communal spaces and prohibit open seating policies. Their signing and completing an attestation form is tantamount to promising to abide by the protocols. Failure to do so can result in immediate shutdown, FOX10 reported.   

Business owners frustrated by inconsistencies
However, numerous business owners across the state say that the rules of operation and both arbitrary and capricious and inconsistently applied across the board.

Jeremiah Gratza, owner of Thunderbird Lounge in Phoenix, told FOX10 he's confused why some businesses have been allowed to reopen at an elevated capacity, while others have been prevented from doing so.

"Maricopa County hasn't been less than a 3% positivity rate since before May," Gratza said. "In my mind, if a casino is allowed to be open, or a business is allowed to be open with more than 50 people, and they don't have to be closed if it's above a 3% rate, then why do we have to be closed?"

If you have a dispute about reopening and think you have a case, we want to know about it. Please contact the Law Offices of Donald W. Hudspeth today.

Categorised in: Starting a Business in Arizona

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