Arizona restaurateur sues to stop unlawful egg rule
November 16, 2023
Phoenix; November 16, 2023: Today, Grant Krueger and Union Hospitality Group filed a lawsuit against the Arizona Department of Agriculture (AZDA) to block a proposed rule that would mandate only cage-free eggs be sold in Arizona.
Grant manages a restaurant group that operates several restaurants in Tucson, Arizona. He buys on average 2,167 eggs per week to supply his restaurants and serve his customers. AZDA’s cage-free egg mandate will drive up the overhead on one of his most purchased staple items.
To add insult to injury, the egg rule wasn’t passed by the Arizona Legislature. Rather, it was adopted by AZDA administratively without input from anyone except the egg industry.
“The legislature cannot give regulatory agencies like the Arizona Department of Agriculture the power to make the law,” said Adi Dynar, an attorney at Pacific Legal Foundation. “Sweeping policies, like the cage-free egg rule, which substantially increase prices for businesses and consumers, must be made by the people’s representatives, not bureaucrats.”
“I had no seat at the table for any of this,” said Grant. “Unaccountable, unelected bureaucrats shouldn’t be able to arbitrarily impose these kinds of harmful mandates on small business owners like me.”
The Arizona Constitution gives the power to make law only to the legislature. AZDA’s egg rule violates the separation of powers by claiming power that lies only with the people’s representatives.
“The Arizona Constitution is clear: lawmaking is the job of Arizonans’ elected representatives, not unelected regulators,” said John Thorpe, a staff attorney at the Goldwater Institute. “But bureaucrats are trying to go around the lawmaking process to impose a policy that only helps the government’s favored special interests while hurting everyone else.”
The case is Grant Krueger, et al. v. Arizona Dept. of Agriculture, filed in Maricopa County Superior Court. Grant is being represented jointly by Pacific Legal Foundation and the Goldwater Institute.
About The Goldwater Institute
The Goldwater Institute is a leading free-market public policy research and litigation organization that is dedicated to empowering all Americans to live freer, happier lives. Goldwater accomplishes real results for liberty by working in state courts, legislatures, and communities nationwide to advance, defend, and strengthen the freedom guaranteed by the constitutions of the United States and the fifty states.
Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 17 wins of 19 cases litigated at the U.S. Supreme Court.