On April 9, City of Winslow Mayor Tom McCauley had reportedly received complaints by other business owners and citizens in Winslow regarding the Authentic Indian Arts Store, located at 91 Hipkoe Drive in Winslow, remaining open for business in violation of current State of Arizona Executive Orders and the City of Winslow Executive Order and Emergency Declaration stating that all non-essential businesses must close to prevent the spread of COVID-19. Mayor McCauley personally visited the store, and deemed the store to be in violation of the executive orders and warned the person operating the store that it was in violation. McCauley then notified the Winslow Police Department. Several hours later, Winslow Police Lieutenant Ken Arend responded to the store and made contact with a person who claimed to be the store owner but refused to provide his name. The store sold primarily Native American jewelry and was evidently a curio store that did not appear to be in compliance with the State Executive Orders 2020-09 and 2020-12 or the City of Winslow Executive Order and Emergency Declaration. Again, the store was warned a second time that they were in violation of the executive orders and could be issued a citation. The man inside the store insisted he was in compliance because he had recently obtained a few rolls of paper towels, a bag of dog food, candy bars and had ordered some hay to sell. The owner insisted he was now considered a “department store” as he stood behind the jewelry counter. On April 11, two days following the two initial warnings, the Authentic Indian Arts Store was once again found to be open for business. Winslow Police Corporal Shane Robertson and Officer John Johnson made contact with a man who claimed to be the business owner who stated he was in compliance with the executive order. The man claimed that his constitutional rights were being violated and that COVID-19 was a “hoax.” 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. The man stated he had modified his business to stay open to the public. The officers stated that he was going to be issued a citation for statute violation that he had already been warned twice about. The man was then asked for his identification, and he refused to provide his name or identification, simply stating that his constitutional rights were being violated. The man was detained, handcuffed and placed in a patrol vehicle. The man was later identified as Daniel J. Mazon, 71, of Winslow. After learning the identity of Mazon, he was issued a citation for a violation of Arizona Revised Statute 26-317, operating a business in violation of an emergency decree. Mazon was then released at the scene, having been issued a citation to appear at the Winslow Justice Court. Mazon was not booked into jail. To date, no other business owners in the City of Winslow have been cited for a violation of the executive order except for Mazon, as nearly all businesses regulate themselves according to the executive order. The City of Winslow is currently ranked fifth in the State of Arizona for confirmed, positive COVID-19 cases per capita, and Winslow has been significantly, negatively impacted by the spread of COVID-19. Following this incident, Winslow Police Chief Dan Brown and Winslow City Manager John Barkley reviewed the incident in its entirety, along with body-camera footage of the incident. It was determined that the officers were acting in good faith based upon the information and direction they had in the form of the governor’s executive order at the time of the incident. In reviewing the executive order, the question of essential versus non-essential businesses became the focus of this case internally. Chief Brown then contacted the Navajo County Attorney’s Office and requested that the prosecuting attorney carefully review the charge against Mazon to ensure its Constitutionality, due to the selection of some businesses being allowed to stay open, and not others. Chief Brown desires to ensure that despite executive order’s issued during a crisis, that clear cut guidance be delivered to law enforcement authorities statewide who are tasked with enforcing these orders. According to Chief Brown, “Protecting our citizens during a time of crisis does not absolve law enforcement of protecting the rights of a person afforded to them by the United States Constitution. I fully understand that this is a difficult time in our nation’s history. Police officers have suddenly been tasked with enforcing laws that have not been enforced in modern times. However, as law enforcement officers, we must ensure we uphold our Constitutional Oath of Office while enforcing any law.”
