Judge denies restraining order against the City of Tucson over its vaccine mandate

[ad_1]

TUCSON, Ariz. (KOLD News 13) – The city of Tucson’s COVID-19 vaccine mandate persists after a Pima County Supreme Court judge denied an injunction.

On August 13th, the city issued an ordinance according to which all employees must present proof of vaccination by August 24th. Otherwise, they face disciplinary action, including a five-day unpaid suspension. Tucson officials say weekly testing, masking requirements, and the exclusion of duties involving close contact with the public may also apply.

In response, the Tucson Police Officers Association (TPOA) filed a lawsuit alleging that unvaccinated workers face “serious and potentially career-ending effects.” Critics say officers and firefighters risk disobedience because of the mandate, which could affect future promotions and opportunities.

Representatives from the Tucson Fire Fighters Association and Communications Workers of America Local 7000 also testified during a hearing Thursday.

“It violates your rights as an employee and also violates your rights as an Arizona citizen,” said Brian Marchetti, TPOA’s attorney. “All three union leaders have testified that they have members who are considering retiring or resigning.”

The Tucson Police Department is already suffering from a staff shortage.

The lawsuit raised concerns about the adoption of the regulation. Plaintiffs allege the city breached a contractual obligation to negotiate with unions before changing working conditions. However, City Attorney Mike Rankin said the city law allows the mayor and council to “unilaterally” enact terms and conditions.

Marchetti also argued that a vaccine mandate was different from a mask mandate in that a mask can be removed at the end of a person’s shift, but a vaccine is permanent. He requested a restraining order to suspend enforcement in the city for 10 days from August 24th. Marchetti said this would give unions and their members more time to fully understand the mandate, workers rights and disciplinary process.

In response, Rankin said that most workers had seven months to think about the vaccine.

TPOA accused the Tucson leadership of attempting to enforce the mandate before Arizona Governor Doug Ducey’s executive order (which blocks most mask and vaccine mandates) goes into effect on September 29. Rankin did not deny this, but noted that the city did not violate the language of the order.

“The fact is that we are in the midst of yet another surge in this virus,” said Rankin. “It exposes people to illness and death. It has an extraordinary impact on the workforce themselves, as you described it. When an unvaccinated person has exposure, the quarantine is different than a vaccination. We have enormous costs associated with our insurance coverage. “

The Honorable Judge Richard Gordon stated that the plaintiffs could not demonstrate that they would be successful in the process or that the mandate would cause irreparable harm to the city staff.

“To be vaccinated or not to be vaccinated is a personal choice. I’m not commenting on that at all, ”said Judge Gordon. “It’s a tough decision, but the facts are the facts.”

A TPOA spokesman called the verdict “disappointing”. Although the union does not believe they can appeal the decision, a spokesman told KOLD News that 13 lawyers are “examining all options.”

Unvaccinated city workers can file a religious or medical exemption until August 24th.

Council members plan to discuss tougher penalties for employees who fail to abide by the law in September.

Copyright 2021 KOLD News 13. All rights reserved.

[ad_2]