The city of Sedona and Coconino County have unilater­ally decided to shut down all bars, restaurants and food establishments, except grocery stores, without public debate or discussion and in violation of constitutional due process. 

Now that the city has shut down these businesses, the city is morally, if not also legally, obligated to assist these businesses that they have shuttered to help pay their staff, pay their staff’s health care needs and to keep those busi­nesses open until this crisis passes. 

And the city is on the hook until this questionably unlawful order is rescinded. 

It is clear from our inquiries of Sedona City Council members on Wednesday, March 18, that six council members support the mayor’s emergency declaration closing Sedona’s bars and restaurants, putting Sedona’s servers and bartenders out of work and providing no social safety net for these workers whatsoever. 

This is a City Council-driven city — not driven by the city manager nor city staff — and it is absurd that there was no public meeting with council members to discuss this. COVID-19 has been spreading for four months and council acted in 24 hours.

This might be the first time Sedona City Council has ever not dragged its feet for months and years. 

For the workers, managers and business owners in this city, please keep in mind the current incumbents on council did not and will not support you in times of crisis. They are willing to shut down your business and threaten your livelihood without warning. 

Remember that when the mayoral and council election rolls around this August and when the rest of the council is up for election in 2022.

That being said, what is the city of Sedona going to do to help these businesses it has closed? 

Will the city of Sedona be offering checks to workers like waiters, bartenders, bussers and hosts? At many restau­rants, servers can become temporary, de facto delivery drivers, but unless restaurants begin charging a delivery fee and customers are willing to pay, these workers will not be earning a living wage. 

Hosts and bartenders are effectively out of work because their profession requires them to interact directly with the public or provide drinks that cannot leave the premises. Unless the city is going to allow bartenders to deliver whiskey sodas and margaritas to residents, these workers are out of luck.

Additionally, with this order, nothing else in the economy, like leases or utility bills, stops. 

The Contract Clause of the U.S. Constitution — Article I, Section 10, Clause 1 — is effectively immutable and irrevocable. The laws protecting private contracts between two persons has existed in English Common Law for more than 1,000 years predating the U.S. Constitution, the formation of the British Parliament, the Magna Carta and even the Norman Conquest of England. The U.S. Supreme Court has struck down nearly every attempt to impose any restriction on such contracts.

That being said, property leases are contracts; federal, state and city governments cannot interfere with a legal contract, meaning no matter how generous Sedona City Council wants to be, council members cannot nullify leases nor mortgages, which are contracts between renters and owners or owners and banks. 

As the months drag on these rents will still be due. 
Water bills will still be due. 
Electricity bills will still be due. 
Internet bills will still be due — and right now we need online access to order goods and supplies, check for health updates and communicate with loved ones. 

Internet companies are removing all data caps. Likewise, some government agencies are revoking, repealing or altering restrictions and policies to streamline services, which seemingly points out how unnecessary and arbi­trary data caps, restrictions and policies were in the first place. 

Even if landlords or power companies or internet companies decide to pause rent collection or bill collec­tion during this crisis, the banks they owe money to will not. 

So how will Sedona’s leadership deal with this consid­ering they have denied the ability of Sedona workers to earn money to feed their families and pay their bills? By begging and pleading property owners to not collect rents, or bills? By offering to pay them? 

The city might delay sewer fees, but not waive them completely? Why? So residents will get a massive bill in three months when this ends? 

Customers aren’t using toilets, so why won’t the city waive restaurant sewer fees? 

Sedona’s leadership has no problem revoking our civil rights without warning; will they make a single effort to mitigate the problem they created? Or are we really aban­doned and on our own? 

Christopher Fox Graham 
Managing Editor