Tucson COVID-19 vaccine mandate violates state law

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TUCSON, Aris. – Arizona Attorney General Mark Brnovich said Tuesday that Tucsons COVID-19 vaccine mandate is illegal for its employees, giving the city 30 days to pick it up or risking losing millions of dollars in government funding.

Democrat-run Tucson has repeatedly argued with the state’s Republican leadership over the city’s aggressive efforts to control the spread of COVID-19. A spokesperson for Tucson Mayoress Regina Romero did not immediately respond to an email and phone call asking her to comment on Brnovich’s decision.

Brnovich, who is running for the U.S. Senate in a crowded Republican primary, cited a state law passed this summer banning local governments from mandating vaccines for employees that won’t go into effect until later this month. He also cited an August executive order signed by Republican Governor Doug Ducey.

Tucson’s politics requires employees to be vaccinated Submit “as soon as possible” or a religious or medical dispensation. Those who did not receive a first dose by August 24 faced five days of incapacity for work without pay, but it was not immediately clear whether the city was disciplining someone for failing to meet the deadline.

The policy also allows the city to charge higher health insurance premiums for unvaccinated workers, requiring them to wear masks and get tested regularly.

“Tucson’s vaccination mandate is illegal and the city could be held liable if it tries to force employees to use it against their beliefs. COVID-19 vaccinations should be a choice, not a government mandate. “

– Arizona’s Attorney General Mark Brnovich

A Pima County judge last month denied a motion from the Tucson Police Union to end its vaccine mandate.

TIED TOGETHER: The Tucson Police Union is questioning the city’s vaccination requirements

In an Aug. 30 letter to the Attorney General’s Office, City Attorney Mike Rankin wrote that vaccination requirements for Tucson employees were not against state law and said Ducey’s order was meaningless.

State law preventing cities from enacting vaccination mandates for employees was added to the state budget in late June.

Brnovich’s decision falls under a 2016 law that allows any legislature to require the attorney general to investigate whether a local ordinance or policy violates state law.

It was passed amid the GOP’s frustration with the Democratic-led cities’ guidelines. If the attorney general decides that local policy conflicts with state law, a city or county has 30 days to repeal or lose its share of the state’s tax revenue, which is a significant part of the local budget.

The Tucson vaccination mandate complaint was filed by Senator Kelly Townsend, a Mesa Republican who was one of the loudest critics of the pandemic restrictions legislature.

Regardless, a coalition of educators, parents and attorneys has sued to try to overturn new laws in Arizona that restrict local COVID-19 requirements. A hearing is scheduled for September 13th.

At least 29 Arizona public school districts have their own mask requirements, the equivalent of more than 334,000 students and nearly 500 schools.

The Arizona Department of Health on Tuesday reported 1,982 new cases of COVID-19 and 54 deaths. About 56% of the people in the state have received at least one dose of vaccine.

When Tucson officials passed the vaccination mandate last month, they estimated that around 1,000 city workers were unvaccinated. It wasn’t immediately clear how many still hadn’t received any shots.

Brnovich released a legal opinion last month stating that companies can require their employees and customers to be vaccinated against COVID-19, but must allow reasonable religious and medical exemptions. He said government agencies were different because lawmakers specifically prohibited them from issuing vaccine mandates.

The Associated Press (AP) contributed to this report.

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