AG calls Tucson COVID-19 vaccine mandate illegal

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TUCSON, Arizona (KOLD News 13) – Attorney General Mark Brnovich said Tuesday, September 7th that Tucson will face the loss of millions of dollars in government funding unless it lifts or changes ordinance that regulates COVID- 19 prescribing vaccines for public employees.

Brnovich announced that his office has determined this is a violation of state law and is in direct conflict with Governor Doug Ducey’s Executive Order 2021-18.

“Tucson’s vaccination mandate is illegal and the city could be held responsible for trying to force government officials to use it against their belief,” Brnovich said.

Through an “SB 1487” investigation, the AGO found that Tucson Ordinance 11869, which requires COVID-19 vaccines for city workers, is against state law and therefore the city cannot require public workers to submit a COVID-19 Get vaccine. The governor issued an Executive Order 2021-18 in August. According to the Attorney General’s Office, Tucson public service officials could in good faith rely on the 2021-18 EO and state law to reject the city’s COVID-19 vaccine mandate.

The AGO officially notified the city of Tucson on Tuesday that its COVID-19 vaccine ordinance is in violation of state law and must be repealed or changed. If the city doesn’t lift its policy within the next 30 days, the AGO said the Arizona state treasurer will withhold the city’s share of state revenue until the city complies.

SB 1824 is to come into force on September 29th.

Additionally, the AGO believes the City of Tucson could face potential liability claims if it takes adverse action against an employee who relies on EO 2021-18 and state law to reject the vaccine.

Tucson ordinance requires employees to either receive the COVID-19 vaccine or suffer a five-day ban without pay.

Copyright 2021 KOLD News 13. All rights reserved.

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