Arizona bar workers, owners protest closures
2nd round of reopenings to hinge on county’s data
Hundreds of displaced bar workers rallied at the state Capitol on Thursday, asking the governor to let them get back to work slinging drinks at watering holes across the state.
Bar owners, workers and patrons gathered in the 110-degree heat to make their voices heard, using chants like, “Let us pour!” and “Not our last call!” while the song “We’re Not Gonna Take It” by Twisted Sister blared from speakers in the Capitol courtyard.
Gov. Doug Ducey shut down bars in March for several weeks to prevent the spread of COVID-19. Some briefly reopened in May, and then Ducey closed them again on June 29 with another order.
They will be allowed to reopen when the spread of COVID-19 slows in their county, based on benchmarks the state established.
One of the main points of contention is the disparity in Arizona. Some bars are shut down while others are not, depending on the type of liquor license they hold and how much food they serve.
This discrepancy was behind the slogan that got the loudest chant Thursday, “Open one, open all!”
“I’m not going to survive this,” bartender Sarah Petrello of Phoenix said as she marched around the Capitol. “None of us will.”
She works at Gypsy’s Roadhouse on McDowell Road in Phoenix and, like many other bar workers, has endured two long stints of a shutdown already this year.
Petrello said she has a child to support and that many displaced workers are having trouble collecting unemployment benefits from the state, which has been overwhelmed by unemployment applications during the pandemic.
She carried a sign that said, “Read my lips, we need tips.”
Bars can apply to reopen, but most rejected
Bars and other businesses affected by the shutdown can apply to the Department of Health Services to reopen before their county COVID-19 statistics reach the benchmarks, but dozens of bars were rejected this week while only five were approved.
Hooper’s Bar on 51st Avenue in Glendale was among those rejected, owner Dana Fischer said.
“I was just denied today, which makes me very emotional,” said Fischer, who has had the business for 18 years and fears she won’t see another anniversary there.
She said in her application she agreed to reduce occupancy at Hooper’s to 25% of normal, but DHS officials said they would also like to see a 10 p.m. closing time.
DHS officials have so far declined to explain to The Arizona Republic exactly what they want from bars, gyms or other businesses applying to reopen, but DHS director Dr. Cara Christ addressed that question at a Thursday news conference.
She said DHS wants to see businesses take steps “above and beyond” what DHS recommends regarding distancing, masks, cleanliness and other factors for those businesses once their county is allowed to reopen.
Fischer said she would re-apply and include a 10 p.m. closing time — anything to keep her six employees working.
“If it has to be 10, so be it,” Fischer said. “My girls are all single parents. They don’t want to live on food stamps.”
Court to consider case Tuesday
The rally also came as the Arizona Supreme Court prepares to consider a legal challenge to the governor’s order on Aug. 25. The justices will decide whether to accept the case.
Ducey’s order closed bars with a series 6 or 7 license.
Series 6 licenses allow a business to sell beer, wine and spirits. Series 7 licenses allow just beer and wine. Neither have requirements for what percentage of sales must come from food.
That has frustrated business owners who hold those licenses because competitors who hold series 12 liquor licenses can remain open. Series 12 licenses can sell all types of alcohol but have to earn 40% of their revenue from food sales.
“The crux of our argument is that the distinction between series 6 or 7 and other licenses is a lazy distinction,” said Ilan Wurman, a lawyer representing several bar owners in the Arizona Supreme Court challenge.
“They are doubling down on this idea that whether you have a quesadilla with your margarita impacts whether coronavirus spreads,” he said.
That certainly is a problem for Kelly Schacht, owner of Enoch’s Sports Lounge in Peoria, which has also been closed by Ducey’s order.
“You go a couple miles down the road and there are all my customers at (another) bar,” she said. “I can go in and buy them drinks. It is not right to us.”
Partial reopening allowed if county infections slow
All bars that serve food will be allowed to reopen at half capacity when their county slows COVID-19 infections.
Bars that don’t serve food are closed by the DHS requirements until the county has less than a 3% positivity rate and even then must remain at half capacity.
The state reopening guidelines use three levels of community transmission: substantial, moderate and minimal. The less community spread, the more businesses can be open and the higher occupancy they can allow.
Community spread is based on: cases per 100,000 people, percentage of positive test results and percentage of hospital visits due to COVID-like illnesses.
Counties must meet thresholds in all three areas for at least 14 consecutive days to move to a lower transmission category.
It will be a long time, though, before bars can return to normal.
Matt Brassard, owner of Matt’s Saloon in Prescott, said earlier this week at a meeting between lawmakers and bar owners that he planned to reopen his bar Thursday at about a quarter of its capacity and none of the dancing his bar is known for.
Brassard said he is happy to be able to bring in income again but described the attestation form he signed for DHS as overwhelming.
And he raised concerns about a provision that says the emergency measures can remain in place for up to 18 months.
Ultimately, Brassard said he is not sure how long he can afford to operate with additional precautions and a fraction of his business.
“I just don’t see it being sustainable for very long. And right now, there’s no end in sight,” he said.