The Arizona Department of Health Services announced Monday, Aug. 10, the public health recommendations “for the eventual safe reopening of paused businesses in the state of Arizona.”
On June 27, Arizona Gov. Doug Ducey issued Executive Order 2020-43 “Pausing of Arizona’s Reopening.” This paused the reopening of gyms, fitness centers, bars, nightclubs, waterparks, river tubing operations, live theaters and movie theaters.
It also limited indoor and outdoor gatherings to no more than 50 people. Since this order by Ducey, Arizona has seen a decline in its percent positivity, an increase in hospital capacity, and an improvement in other indicators, according to Ducey’s office.
On July 23, Ducey extended the order with a promise to review it every two weeks.
“ADHS has been working with several of these industries on guidelines for an eventual reopening and is recommending the following plan based on the Centers for Disease Control and Prevention guidance, the White House Coronavirus Task Force metrics, and expert advice from the medical and public health community,” a press release from the governor’s office reads. “The benchmarks are classified into ‘minimal,’ ‘moderate’ and ‘substantial’ transmission categories as defined by the CDC. Using public health data to inform these benchmarks, Arizona [as a state] is currently in the ‘substantial’ transmission phase.”
The benchmark metric is not based on today’s data, nor this week’s but rather a two-week block ending on the Sunday prior to 12 days ago, according to the governor’s office and ADHS.
For example, to see if it is safe for a business to open on Aug. 11, businesses owners should look at data not from Tuesday, Aug. 11, but rather the bi-weekly data calculated from the previous Sunday from before 12 days ago — [Aug. 11 minus 12 days, July 30, and then then previous Sunday, July 26] — so the weeks of July 12 to July 18, and July 19 to July 25, — to see if it’s safe to open on Aug. 11.
Upon this initial two-week review, ADHS advises keeping these restrictions in place for the time being, but is providing the following metrics for industry leaders and businesses to understand when a general reopening could be considered.
“Because Yavapai County currently qualifies as a county with moderate transmission by the Arizona Department of Health Services, gyms, movie theaters, and bars that have a food permit may reopen by filling out this attestation form stating they are in compliance with these ADHS mitigation requirements for businesses,” according to a press release from the city of Sedona.
“Coconino County currently qualifies as a county with substantial community transmission, therefore the businesses required to previously pause operations must remain closed,” the city of Sedona stated in the press release.
Businesses can use the “attestation process” for review of individual circumstances in the event that they are denied the ability to reopen for public health reasons.
Upon completion of the attestation form, it must be posted in a visible location in the facility.
Official Reopening Attestation for Indoor Gyms and Fitness Clubs/Centers, Indoor Theaters, Waters Parks and Tubing Operators, and Bars
Executive Order (“E.O.”) 2020-43
Pausing of Arizona’s Reopening, Slowing the Spread of COVID-19
On June 29, 2020 Governor Ducey issued E.O. 2020-43, Pausing Arizona’s Reopening, Slowing the Spread of COVID-19. Pursuant to E.O. 2020-43, beginning on Monday, June 29, at 8:00 P.M., all indoor gyms and fitness clubs or centers, indoor movie theaters, waters parks and tubing operators, and bars in the State of Arizona, were required to pause operations.
On July 23, 2020 Governor Ducey issued E.O. 2020-52, Continuation of Executive Order 2020-43, Slowing the Spread of COVID-19. Pursuant to E.O. 2020-52, the pause in operations for indoor gyms and fitness clubs or centers, indoor movie theaters, waters parks and tubing operators, and bars was ordered to remain in place and continue to be reviewed for repeal or revision every two weeks.
On August 4, 2020, the Honorable Timothy J. Thomason, in Maricopa County Superior Court Case No. CV2020-093916, ruled that indoor gyms and fitness clubs or centers must be provided an opportunity to apply for reopening (“Ruling”). Governor Ducey and the Arizona Department of Health Services (“ADHS”) have determined that the process ordered in the Ruling also should be applied to the paused operations of indoor theaters, waters parks and tubing operators, and bars.
On August 10, 2020 ADHS issued Emergency Measure 2020-02, Slowing the Spread of COVID-19: Phased Reopening. Emergency Measure 2020-02 establishes and describes the process whereby any business subject to the paused operations requirements of E.O. 2020-43 may reopen or, if not authorized by its terms to automatically reopen, to apply to ADHS for express approval to reopen.
This form is intended to allow businesses operating as indoor gyms and fitness clubs or centers, indoor theaters, waters parks and tubing operators, and bars to attest they are in compliance with COVID-19 guidance related to business operations. This completed form will be published on ADHS’ website, and a copy shall be posted in an easily visible public place on the business premises.
ADHS or a local governmental jurisdiction shall have authority to take immediate action against any business that operates without submitting this attestation to ADHS or posting it in an easily visible public place on the entity’s premises or operates in violation of applicable ADHS Guidelines.
To review up-to-date information regarding ADHS’ emergency response to COVID-19 and information for businesses, please visit www.azhealth.gov/covid19.
Businesses can fill out the form here: Official Reopening Attestation Form
Upon reopening, all industries must implement the safety protocols and guidelines prescribed by ADHS and must submit an attestation form stating they are in compliance. The attestation form shall be posted in a visible location in the facility. Additional details can be found in the ADHS COVID-19 Guidance for Businesses.
