“Justice delayed is indeed justice denied,” Thomason wrote. “If process is not provided in a reasonably timely fashion, then there really is no due process. In sum, the process provided must be adequate.”
And Thomason emphasized his point with a threat of sorts.
“If the form is not available well in advance of July 27, then the governor runs the real risk of depriving aggrieved businesses of any real process at all,” the judge said. “If meaningful process is not provided, the injunctive relief may ultimately be ordered.”
Tom Hatten, founder and CEO of Mountainside, said the judge’s order shows how much deference Ducey — and most governors — are given in state laws to issue executive orders and have them upheld. He said that should alarm owners of other firms that are not affected, at least not yet, who would be subject to “wide-ranging authority that’s arbitrary in its nature, very difficult to fight against.”
Hatten believes lawmakers should rein in the governor’s power to issue these orders.
Hatten said he will keep an estimated 1,500 employees on payroll while the legal fight plays out and that members were not billed this month.
He dodged questions about whether gyms, by their nature, are more hazardous than other businesses because people are working out, raising the possibility that droplets with the virus could become aerosolized and travel more than six feet.
“There’s no evidence that the spike came from health clubs or the fact that you’re standing six feet (apart) and working out or you’re on a treadmill six feet away, there’s just nothing that proves that,” he said.
— to tucson.com
