PHOENIX — A Tucson restaurant owner is legally entitled to challenge new state regulations that require the more humane treatment of laying hens.
Maricopa County Superior Court Judge Scott Blaney ruled Wednesday that Grant Krueger is affected by the rules. The judge said Krueger, as the owner of three restaurants, is not just an average consumer who might be out only a few dollars a year as the owners of egg ranches face higher costs to comply, costs that could be passed on to customers.
“The rule in question will have material impact on the price of eggs that plaintiffs purchase,” Blaney said of Krueger’s claim in allowing him to sue on his own behalf also in the name of the three restaurants he owns: Union Public House, Reforma Modern Mexican Mezcal + Tequila, and Proof Artisanal Pizza and Pasta. And the judge said Krueger is entitled to prove he, the restaurants — and their customers — “will suffer quantifiable economic harm as a direct result of the rule.”
But Blaney also made it clear he’s going to require Krueger to present facts about all this and make his case in court. The judge refused his request to simply declare the rules invalid.