Arizona Businessman Faces Jail Time For Violating Non-Essential Closure Order

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Mazon, 71, was escorted out of his longtime business, Authentic Indian Arts Store, then handcuffed and placed in a patrol car because his business was open when officers stopped by April 11. [Photo courtesy the Mazon family]

A Winslow man faces up to six months in jail and a $2,500 fine after being cited last week for violating government orders that require “non-essential” businesses to remain closed due to COVID-19.

Daniel Mazon must appear in Winslow Justice Court on May 19 for allegedly violating Arizona Revised Statute 26-317 by engaging in retail business in violation of emergency orders. The statute reads “Any person who violates any provision of this chapter or who knowingly fails or refuses to obey any lawful order or regulation issued as provided in this chapter shall be guilty of a class 1 misdemeanor.”

Mazon, 71, was escorted out of his longtime business, Authentic Indian Arts Store, then handcuffed and placed in a patrol car because his business was open when officers stopped by April 11. City officials claim Mazon initially refused to provide his name and questioned the authority of the city to shutter the business he’s operated at the same location for more than a decade.

After his identity was verified, Mazon was unhandcuffed and then handed a citation requiring him to appear in court next month. He has been warned that any further alleged violation of the non-essential business order could result in a jail stay.

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But according to Joshua Mazon, his father took steps to become an essential business in order to comply with Gov. Doug Ducey’s executive orders and the city’s March 17 Executive Order and Emergency Declaration signed by Mayor Tom McCauley. He did this by starting to sell items such as dog food, livestock feed, household products, and some retail snack items.

Joshua Mazon says his father was initially “disheartened and shocked” by the situation, pointing out that many of the items being sold at Authentic Indian Arts Store are for sale at the currently open Walmart a mile from Daniel Mazon’s store.

“He did his due diligence and didn’t do anything dishonest,” Joshua said. “He was adhering to social distancing policies. This is all very frustrating and unnecessary.”

According to Joshua Mazon, his father now has legal counsel to assist with the dispute and any possible meetings with city officials. One issue that is likely to be discussed is City Manager John Barkley’s recent statement that police “were met with belligerence” when they appeared at Mazon’s store.

“That hasn’t set well,” said Joshua Mazon, who like his brother is a member of the National Guard. But the Mazon family wants to make it clear they have no beef with the officers.

“My family and I are pro law enforcement and respect the tough job they have,” he said.

Daniel Mazon stands atop bales of hay in the truck he bought specifically to serve customers during the COVID-19 stay-in-place period [Photo provided by the Mazon family]
A city’s authority to order a business to cease operations is found in ARS 26-311(B)2, which states in part that if the mayor of an incorporated city issues an emergency order, the mayor “shall have the authority to impose all necessary regulations to preserve the peace and order of the city,” including “ordering the closing of any business.”

Authority to enforce orders is the responsibility of state and local law enforcement officials as per ARS 26-316.

The situation with Mazon last week prompted an April 14 press release under the name of Police Chief Dan Brown that provides the department’s version of events leading up to Mazon’s arrest.

According to the release, Mayor McCauley visited Mazon’s business on April 9 after purportedly receiving complaints that a “non-essential” business was open. McCauley apparently warned Mazon that he was in violation of the orders, and a few hours later a high-ranking police official stopped by to give a similar warning.

Then on April 11, two officers responded to Mazon’s shop and found it open for business.

“The officers noted that there were no grocery items, medication, etc. inside the store, just a few candy bars, paper towels, and two bags of dog food along with a store filled with Native American jewelry,” according to the chief’s press release.

It’s unclear whether officers conducted a full walk-through of the building or whether they possessed a search warrant to do so.

The press release states the police chief and city manager reviewed the incident -including officer body-camera footage- and determined the officers acted “in good faith based upon the information and direction they had” at the time. It also noted Mazon is the only business owner cited so far.

Chief Brown is noted as having contacted the county attorney’s office to address the case, particularly the constitutional issues “due to the selection of some businesses being allowed to stay open, and not others,” according to the April 14 press release.

However, when County Attorney Brad Carlyon was reached by Arizona Daily Independent on Wednesday evening, he said he had not reviewed the case and knew nothing beyond what was mentioned in the chief’s statement.

According to data provided by the Arizona Department of Health Services, the 111,000 people who live in Navajo County have been hit particularly hard by COVID-19. As of April 14, there were 390 confirmed cases in the county, which is 10 percent of the 3,962 confirmed cases statewide.

However, only two percent of the state’s population lives in Navajo County. Likewise, the 10 reported deaths in that county as April 14 represent more than seven percent of Arizona’s COVID-19 deaths.

By comparison, Cochise County has a population of 126,000 with 15 confirmed COVID-19 cases and no reported deaths.