Two Mohave County Health Department officials and a sheriff’s deputy are named as defendants in civil litigation alleging illegal enforcement of Arizona Governor Doug Ducey’s executive orders involving COVID-19 restrictions in the food service arena.

Lawyer Eric Spencer with the Phoenix-based Snell & Wilmer law firm filed a complaint in U.S. District Court on April 19. The action is on behalf of plaintiff BlondZee’s (BZ) Steak House in Lake Havasu City.

The complaint alleges that the county attorney’s office interpreted Ducey’s EO 2020-18 to mean that restaurants such as BZ were allowed to serve take-out food and that customers could eat in the parking lot, provided they maintained proper social distancing. It alleges that Environmental Health Specialist Michael Meek, inspector Axl Lopez, both with the Department of Public Health, and deputy Zachary Haun were hostile when they visited the business on April, 21, 2020.

“Inspector Michael Meek made a malicious, arbitrary attempt to close BZ for allowing patrons to eat take-out inside their cars in the restaurant’s parking lot,” the complaint stated. It said owner Melissa Lucas told Meek that the parking lot eating activity was in full compliance with Ducey’s EO.

“Mr. Meek then stormed out of the restaurant and told Ms. Lucas that he would return with a Mohave County Sheriff’s Deputy,” the complaint said. It said the “belligerent and menacing behavior” continued when Meek returned shortly thereafter with Lopez and Haun.

“In addition to threatening to close BZ and arrest Ms. Lucas, Mr. Meek, Mr. Lopez and Deputy Haun forced numerous BZ patrons to leave the restaurant parking lot,’’ the complaint alleged. “Some patrons were forced to leave before receiving food they had already ordered.”

Outside counsel for the county, attorney Georgia Staton, with the Phoenix-based law firm of Jones, Skelton & Hochuli, filed a response on May 28. The pleading is replete with general denials and also contends that defendants lack necessary information to respond to some allegations.

Staton’s answer more directly refutes plaintiff claim that the trio, and Jane Doe defendants A-Z, deliberately targeted BZ, intending to harm its enterprise to the advantage of other Lake Havasu eateries.

“Defendants affirmatively assert that the County only responded to reports or complaints of the Executive Orders, and that the County worked to treat all similarly situated restaurants alike,” the reply stated. “Defendants deny that they arbitrarily enforced EO 2020-18, threatened to close Plaintiff, or intentionally treated BlondZee’s Steak House Inc. differently from other similarly situated businesses.”

Spencer said in his filing that Jane Doe defendants will be identified as the litigation advances but may include “County officials such as Department officials, Mohave County Sheriff’s officials and certain members of the Mohave County board of supervisors. Spencer asks for general and punitive damages, court costs and attorney fees.

Staton responds that the county and enjoys absolute immunity and is “not vicariously liable for the acts of its employees.” It contends that defendants were not properly served a notice of claim in timely fashion, that punitive damages cannot be awarded and that the case should be dismissed.

No further pleadings have been submitted and no hearings are yet scheduled. County supervisors are scheduled to receive legal advice on the litigation in Executive Session before they begin the public portion of their Board meeting in Kingman next Tuesday.

Dave Hawkins