The legal charges against the owner of Euro Pizza Café in Fountain Hills, Arizona, have been dismissed after she was cited for allegedly violating Governor Doug Ducey’s executive order regarding on-site dining during COVID-19 restrictions.
Merita Kraja, owner of Euro Pizza Café located in Fountain Hills, faced a misdemeanor charge for emergency services violation. The accusation stemmed from incidents in March when her restaurant reportedly allowed customers to dine on the premises, defying the governor’s mandate for restaurants to only offer takeout services to mitigate the spread of COVID-19. However, earlier this month, the Maricopa County Attorney’s Office dropped these charges, citing a lack of evidence proving Kraja’s actions resulted in actual harm. Court documents filed in McDowell Mountain Justice Court detail that while the initial citation by the Maricopa County Sheriff’s Office (MCSO) was deemed justified, and Kraja should have prioritized public health measures, the extent of her non-compliance on April 5th did not warrant a criminal conviction.
Kraja expressed relief at the dismissal of charges, yet described the entire ordeal as a frustrating distraction. In a statement to The Arizona Republic, she recounted the stress of “concentrating on running a business, keeping employees safe … now dealing with the police. It was a lot.” She acknowledged the crucial support of her legal team, provided by the American Freedom Network, which is a pro bono attorney network associated with the Phoenix-based conservative think tank, the Goldwater Institute.
Jon Riches, Director of National Litigation for the Goldwater Institute, strongly criticized the charges against Kraja as “overzealous and unjustified enforcement by a local government.” He asserted, “It’s astonishing that charges were ever even brought against her,” and added, “The only thing Merita is guilty of is peacefully operating her business.”
While the restrictions on on-site dining have since been lifted by the governor, Arizona has recently increased scrutiny and enforcement on restaurants and bars to ensure compliance with current social distancing and mask mandates.
Euro Pizza Fountain Hills AZ: Details of the Citation
Governor Ducey’s executive order, issued on March 19th, explicitly prohibited on-site dining at restaurants across Arizona. Despite this order, the Maricopa County Sheriff’s Office received complaints on March 21st and March 26th alleging that patrons were dining on the patio of Euro Pizza Café.
According to court records, MCSO initially responded to these complaints with warnings, advising Kraja to close her patio after the second complaint. Kraja reportedly complied with these initial requests. However, subsequent visits by MCSO officials revealed individuals eating and waiting for food at tables situated in the breezeway just outside the restaurant. This use of the breezeway furniture became the focal point of the charges against Kraja.
During the final MCSO visit, Kraja reportedly argued with a sergeant, stating she should not be held responsible for individuals choosing to eat in the breezeway. Kraja also suggested to The Republic that local Fountain Hills town officials might have instigated the complaints to MCSO, attributing the situation to “small-town politics.”
Riches from the Goldwater Institute emphasized that law enforcement’s response to the governor’s executive orders should prioritize education over criminal charges, particularly for business owners like Kraja. He argued, “Public health issue, not a criminal issue,” and reiterated that “People like Merita should not be singled out and not be punished for peacefully operating a business.”
Looking ahead, Kraja expressed concerns about the future of operating Euro Pizza Café in Fountain Hills amidst the ongoing pandemic and evolving health regulations. Nevertheless, she conveyed a sense of resilience, hoping that both town officials and MCSO have learned from this experience. “I’m not just gonna kneel and take anything they give me,” she stated firmly.
