By Matt Hesketh, Sean Moore, and Jonathan Loe

On March 30, Arizona Governor Doug Ducey issued Executive Order 2020-18, which imposes a stay-at-home mandate that goes into effect at 5:00 p.m. on March 31 and remains in effect until April 30, unless it is extended beyond that date. The governor’s news release is here.

The order requires all people in Arizona to remain inside their homes except to:

• Conduct or participate in Essential Activities
• Work, volunteer, or participate in Essential Functions
• Utilize services or products provided by Essential Businesses
• Continue operating as a sole proprietor or family business as long as the business is not open to serve the public

The terms Essential Functions and Essential Businesses refer to Executive Order 2020-12, which laid out the broad range of essential business activities and other services that cannot be shut down by local authorities during the COVID-19 public health emergency. In addition, the stay-at-home order defines Essential Activities as including:

• Obtaining necessary food and supplies for family/household members and pets, such as: (i) groceries, food, and other supplies for household consumption and use; (ii) supplies and equipment for working from home; (iii) supplies for distance learning; and (iv) products necessary for maintenance safety, sanitation, and essential maintenance of the home and residence
• Engaging in activities essential for the health and safety of family/household members and pets, including: (i) obtaining medical supplies; and (ii) seeking medical, behavioral, or emergency health services
• Caring for a family member, friend, or pet in another home, including transportation (i) for essential health and safety activities, and (ii) to obtain necessary supplies and services
• Engaging in outdoor recreational activities such as walking, hiking, running, biking, or golfing, but only if appropriate social distancing is used
• Attending or conducting work or volunteering in Essential Functions, including transporting children to child care in order to work in an Essential Business
• Engaging in constitutionally protected activities (such as freedom of speech and religion) and any legal or court process, as long as appropriate social distancing is used

To the extent people go outside to participate in Essential Activities or to perform an Essential Function, they must maintain appropriate social distancing and limit the use of public transportation. Businesses that provide Essential Functions must implement procedures for appropriate social distancing, including offering online/remote services where feasible.

Non-essential businesses may continue to perform activities that do not require in-person or on-site transactions and are encouraged to facilitate teleworking from home and to maintain various operations, such as mail pickup and preserving the condition of inventory and equipment. In addition, the order does not prohibit (i) working from home, (ii) operating a single-owner business with no in-person or on-site public interaction, or (iii) restaurants and food services from providing delivery or take-away services, so long as appropriate social distancing is used.

The order specifies that no person shall be required to provide documentation or proof of their activities to justify compliance with the order. It also mandates that people be provided with notice and an opportunity to comply before enforcement actions are taken.

Finally, the order prohibits counties, cities, and towns from imposing local laws that conflict with the “policy, directives or intent” of the order, including any restriction on Essential Functions and Services, Essential Activities, or Non-essential Services as outlined in this and previous orders.