Gov. Doug Ducey announces new enforcement measures for COVID-19, a first since summer surge

For the first time since Arizona's summer COVID-19 surge, Gov. Doug Ducey on Wednesday unveiled a series of new mitigation measures designed to curb spiking caseloads and hospitalizations.

Saying Arizona's numbers were "heading in the wrong direction," he announced expanded health and safety requirements for public events approved by cities and counties. He relaxed regulations on restaurants to encourage a shift from indoor to outdoor dining. And he declared that businesses that repeatedly disregard safety guidelines would face closure.

But the strategies stopped short of what health leaders had asked for.

The governor did not implement a statewide curfew or a shutdown, or put a stop to athletic events — all measures recommended by public health researchers and medical providers within the past week. 

He also did not put in place a statewide mask mandate, which critics including Phoenix Mayor Kate Gallego and Arizona Superintendent of Public Instruction Kathy Hoffman had called for.

"Local jurisdictions across the state have implemented mask mandates," Ducey said, again resisting the idea of a statewide directive. "In fact, independent sources have Arizona's mask usage rate at 91%, higher than states with a statewide state mandate. That's a tribute to Arizona citizens and local leadership."

Ducey instead touted an increase of $60 million in spending to cover additional staffing at Arizona hospitals, saying he'd had a "very candid" conversation with hospital leaders about staffing resources being "spread thin." A recent Arizona State University report predicted the state would exceed hospital capacity in December.

He also promoted news that Arizona would receive its first shipment of COVID-19 vaccines in mid- to late December, noting teachers would be among those prioritized for early vaccines. 

Arizona Department of Health Services Director Dr. Cara Christ said officials "share everyone's excitement with a COVID-19 vaccine now within sight" but moved to temper that enthusiasm in the immediate future.

Arizona reported more than 3,800 new COVID-19 cases and 52 new known deaths Wednesday. More than 6,700 Arizonans have died of COVID-19 to date; without additional public health measures, ASU researchers warn holiday gatherings could cause 600 to 1,200 additional COVID-19 deaths beyond current-scenario death projections by Feb. 1.

"We have a long way to go," Christ said. "So, until then, it's critical that each of us take steps that are proven to reduce the spread and protect our most vulnerable."

Here's a closer look at Wednesday's announcements.

Local governments must post, enforce measures for public events

Addressing recent outrage over a 500-team youth sports tournament approved by Phoenix, Ducey announced a new directive requiring cities, towns and counties to expand health and safety requirements for public events involving 50 or more people. 

A prior executive order had prohibited such events unless local governments reviewed proposed COVID-19 prevention measures and signed off.

Going forward, if a jurisdiction approves an event, it must publicly post the precautions organizers have committed to taking and enforcing on their website and submit a copy to the state Department of Health Services.

Local governments also must dedicate additional resources to their own enforcement of mitigation measures.

"We don't believe that every event should have to get approved through the Governor's Office. We want to make sure that it can happen at the local level," Ducey said. "These measures will help ensure events that do happen happen safely with accountability."

The governor said the state was focusing on public events because it has authority in that area, but "the same common sense that applies to a public event applies to a private event."

"I believe that Arizonans are smart, and given the facts of how they can protect themselves and their loved ones, by and large, they will do that," he said. 

Bad actor businesses get 2 chances

Ducey highlighted revised state health department policies for certain businesses that fail to follow health and safety guidelines designed to slow the spread of COVID-19.

restaurants, bars, gyms, movie theaters and water parks will still get a warning and an opportunity to comply the first time someone complains, he said. But if a second, valid complaint is made, the business will face closure.

"It's not fair to those that are playing by the rules for others to openly ignore them," he said. "The outliers are few and far between, but we need fairness and an even playing field."

Christ said the agency had received 2,800-plus unique complaints to date about "establishments not following protocols." She said officials had addressed more than 90% of them, conducting more than 600 on-site investigations. 

Outdoor dining restrictions eased

Restaurant owners who wanted to extend their dining areas onto sidewalks and public rights of way previously faced "red tape" involving liquor licenses and local permits, according to Ducey, something that resulted in longer wait times for diners.

In response, the governor issued another executive order relaxing those restrictions to encourage a shift to outdoor dining.

He backed it up with $1 million from the state’s Crisis Contingency and Safety Net Fund. Restaurants can receive up to $10,000 each for items such as outdoor furniture, barriers, patio heaters and patio covers.

"Transforming operations for restaurants isn't easy. And it certainly isn't cheap, especially during a pandemic that's been the challenge of a lifetime," Ducey said.

The application process is expected to open Monday. The Arizona Restaurant Association will help restaurants navigate the local and state permitting process and provide application review, according to the Governor’s Office.

Teachers prioritized in vaccine lineup 

Arizona is expected to begin receiving weekly shipments of COVID-19 vaccine doses later this month, Christ said.

The state's distribution plan already had health care workers, law enforcement officers, residents of long term care facilities and other vulnerable populations at the front of the line. Ducey stressed the importance of adding educators to that list Wednesday. 

"I've asked (Christ) to prioritize teachers as among the first individuals in the state who will receive the vaccine," she said. "We want our schools open and our teachers protected. We know that teachers desperately want to get back into their classrooms safely."

The governor also said the COVID-19 vaccine — once it's more widely available — "should be free for anyone who needs it."

He issued an executive order to that effect, requiring all insurers regulated by the state to waive cost-sharing requirements such as copays.

Ducey personally expressed his confidence in the vaccine's safety, saying he was aware of the "rumors" surrounding possible vaccine mandates, a strategy he doesn't intend to pursue.

"I would certainly never jump the line to get a vaccine — I want our most vulnerable to get this vaccine first," he said. "But I want you to know, when it is my turn or when there's enough availability, I'll have my sleeve rolled up."

Reach the reporter at maria.polletta@arizonarepublic.com or 602-653-6807. Follow her on Twitter @mpolletta.

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