Under pressure from a court order, Gov. Doug Ducey agreed Monday to provide a "road map" to allow not just gyms and fitness centers to reopen, but also restaurants and movie theaters — eventually.
But the chances of any of that happening this week are virtually nil in most of the state. And even then, they will be able to have only a percentage of the normal number of customers.
Bars and nightclubs are probably weeks from getting to open, even when others are permitted to open. And they won't be able to operate at full capacity for months, perhaps until there is a vaccine for COVID-19, even as other businesses
Ducey's action actually sets up a dual process for facilities that have been shuttered.
One is a checklist of sorts, similar to what was announced last week to determine when it is safe to reopen schools. That includes a three-part test which measures the percent of tests that come back positive for COVID-19, what percent of hospital visits are for COVID-related symptoms, a two-week downward trend in new cases.
Even then, though, owners will still need to attest that they are willing to abide by certain guidelines, ranging from occupancy to certain cleaning requirements and physical distancing.
State Health Director Cara Christ said Monday this will be determined on a county-by-county basis.
She said it appears Yavapai County already is at a point that most of these facilities would be allowed to start opening their doors again, once they attest they are going to live by those protocols.
And Cochise and Coconino counties may be close.
Everywhere else, Christ said, will be determined with data posted each week.
Pima County, she said, is "really close." Maricopa County not so much.
But the governor, following Thomason's order, also is providing an escape clause of sorts for gyms and fitness centers.
They could petition the Department of Health Services to show they can operate safely even before the county health criteria are met. Staffers from that agency would then review the plan by each business and determine if they believe safe operation is possible.
That process, however, could take two weeks.
Last week Maricopa County Superior Court Judge Timothy Thomason ruled that the state had to provide gyms and fitness centers an opportunity to show they could operate safely. What was announced Monday may be legally sufficient.
In issuing his order last week, Thomason gave wide berth to the decisions being made by Ducey and Christ.
"It is not the function of the judiciary to second-guess policy decisions on matters of public safety," the judge wrote. But he said it is his role to ensure that the constitutional rights of business owners are protected.
"The injuries to these businesses have to be staggering," Thomason wrote.
"The order only gives the gyms a chance to apply for reopening," he continued. "It does not order that any fitness center be opened or that anyone be immediately put back to work."
For more on the future of gyms, movie theaters, water parks and even bars, The Show spoke to Howard Fischer of Capitol Media Services.