Arizona, Twitter, Arizona Restaurant Association discussed on Garret Lewis
Then he got so flipping really quick. 31. A reporter you can hear him says, You know, there's some businesses that just don't want to comply. Here We go. Listen to this. The ages have served something you have to shut down. Some of my spokesperson. We're not gonna do this for a couple of reasons. Can't do it governs not being clear. This isn't gonna hold up in court. Well, well, we'll see about that. Yeah, and said, Get in line when home landlords want to sue him people in our homes and rent them out because they can't evict people. We're not getting paid themselves. This guy's created such a mess. Eso, Ilan Mormon is doing great work, representing 80 small businesses. At least 80 and he joins me now. Thank you for the time this morning, sir. What's your reaction before I asked you about? You know, if you think legally you, Khun B. Do see what's your reaction to what you just heard, the governor say from yesterday's press conference. Oh, my gosh. I have so many reactions. First of all, thank you for having me on the show, and I want to be clear that the governor keeps saying that all his actions will be motivated by public health guidelines. He loved things stuff like that, with the CDC treats restaurants and bars the same. There's one set of guidelines for restaurants and bars, according to the CDC. The wine Arizona is he treating series six and seven licensees, which are quote unquote bars, But I would like to get more into that differently than his friends in the restaurant industry who have serious 12 license. Sirius. 12 Restaurants are open in Arizona Series six and seven. Quote unquote bars are closed. That's not following public health guidelines. The public health guidelines are the same for restaurants. And bars. But governor do see is treating them differently. And I wonder if it could be because the Arizona Restaurant Association is very politically powerful. In Arizona, and the bartenders and the series six owners are not And so it's completely outrageous and let me let me say one thing. People keep calling my client's bar owners, and in a sense, they are bar owners, but what they really are our Siri's six and seven licenses. What is a theory? Six license the on ly difference. Between a series six liquor license and a serious 12 liquor license, which is a restaurant. Okay, quote Unquote restaurant is a serious six licensee paid for the privilege up to $100,000. Paid for two privileges, the privilege of not having to have a minimum number of food sales privilege Number one and privilege number two for the ability to sell alcohol off premise in packaged goods. This is what's called off sale Well, what has Governor Ducey done? At the beginning of this pandemic? He gave restaurant the privilege of off sale. They didn't pay for that. The series six has paid $100,000 for the privilege of selling alcohol to go in package containers. Okay, Governor Deuce. He gave that to restaurants and then let the restaurants open. And kept the bar's closed. Okay, either he doesn't understand what the distinction is between series six and serious 12 which again has nothing to do with public health. It's purely food consumption and off sale right either. He doesn't understand the distinction or he's corrupt and picking winners and losers. And the winners are friends in the restaurant industry. So those are my initial reactions. None good. Wows. And this is incredible. I wanted to get into this because you put this all over your twitter. Great information on your Twitter at Ellen, I l a n underscore woman w u R M A N s So it actually costs more money to get the licences. If you're just a bar owner not to discredit. What about serious six and cirie seven versus a restaurant that could serve booze too, which is a serious 12. So I have that correct. You do? And the reason for that is there is no limit in Arizona law on how many serious 12 there, Khun beat. Someone wants to open a restaurant. Get a liquor license. No problem. Series six and seven. Liquor license is a fixed number by law, and that number only changes every 10 years. According to population. What does this mean? It means the series six license is a property, right? You can literally buy and sell a serious six license. They don't disappear. If you go out of business. Your license is transferred to somebody. You sell your business. Your license goes with them. If you're serious, 12 you closed down. Your license disappears. No problem. Series six is a property right? That could be bought. Consort, and they're going costs for them $100,000 to open a restaurant. It's like $1500 for a serious 12 restaurant, maybe $2500. And all the valuable privileges at the series six paid for you just gave to the restaurant for no consideration at all while keeping them open and shutting down the bars again. There's no relation to public health. What is food like the privilege of not having to have a certain number of food they'll have to do with public health. Many of the serious six do sell food, by the way, not that that makes a difference. Those coronavirus disappear. If you've got a case idea in front of your margarita lutely insane, it's insane. My one of my favorite clients. Okay, Who's my favorite bars has huge outdoor seating. Several of my clients have huge outdoor space is 100% closed down. You Goto an Applebee's. It's basically turned into a night club now, OK, you can have restaurants that are totally cramping, karaoke, a loud music dancing. No restrictions on them except the 50% capacity. There's no actual difference between Sirius six and these other licensees that has any relation to public health. It is incredible stuff. Ellen Woman and issue law professor and lawyers on Canister Game 7 90 Now the governor, You know what he's going to Dio. He's going to sit back and say, Well, if you're in a bar, there's no way they can socially distance. They're going to be standing up there going to be, you know loud music. They're going to be screaming in each other's ear. Things like that. What is going to be your response? Because you know his lawyer is going to say that what's gonna be your response to try to Ah to counteract that. Sure if the governor wants to pass a regulation that says no dancing, no karaoke. No loud music. You have to social distance. Fine. We don't oppose any of that. But the whole point is Those criteria apply Justus much to restaurants and two bars and Soto apply them only two bars but not to their direct competitors is an unconstitutional violation of the state privileges or immunities clause right, which says basically that no law can be enacted, granting to one set of citizens or corporations, privileges or immunities that that don't belong toe other citizens or corporations on equal terms. His Peking Winners and losers. We don't object to reasonable sanitary measures, all of my clients or 100 of them Now, by the way, all of them invested heavily in social distancing measures, temperature check. Some even got Plexi glass. When I was a cataract downtown, you had to put a mask on to go to the bar, and you had the spacious outdoor seating. They did they check how many people Coming in the door. But restaurants bars all of them could do it equally again, because there's no legal distinction Other than the privilege of not having to have a certain number of food sales. A restaurant could be in a totally cramp building. You've been in serious 12 that are totally cramp building poor ventilation that have music, right? And so the point is, we don't Dispute the reasonableness of sanitary measures to combat the Corona virus. We just want to be treated equally, and the Constitution demands that. S o. I mean, you're having more and more restaurant and I'm bars. I'm sorry. Bar owners small this series 637 They're joining it 100 now, And I think you have some from Tucson in the Tucson area down here in southern Arizona. And as soon as deuce he gave those Those those crazy recommendations. I mean, with the gym's everything that he was forced to buy that judge you had like what? Eight additional 25 30 different bar owners contact you and taken you represent us. We want to be part of it. It's ballooned in size. We had 64 bar owners previously, and it's over 100. Now there's been a flood of people. Alba has basically given up its lobbying efforts. That's the license Beverage Association. Basically, these requirements that were promulgated on Monday. Say that if you're a bar without a food permanent, right, A lot of my clients have food permits of some kind, but they're not that that should matter. If you're a bar without a food permits from the county, you have to wait until you're your county is under 3% positivity for covert cases. This there have never been a 3% or lower positivity rate since this began, and it might not be for a year, and miracle account is currently 13%. And there's a two week delay by the way on the data Now even When they can open in 2021 or 2022 assuming they're not out of business because the positivity rates have gone down. The guidelines say you could only open a 50% and no karaoke, you know, dancing, no open seating, etcetera. All these requirements that we think are reasonable, but the don't apply to restaurants. Don't apply to restaurants. Right? So it's just all of the governor's arguments fall flat here. When's the time line like When are you going to get before the state Supreme Court and argue about this, and I hope it happens soon to these businesses can actually stay open. We lose him. Lucilla. Tell you what, Why don't we take a quick time out and we'll come back with him. Okay, Because this is a This is a huge, huge, huge deal. I want to get into that. I want to get.