https://www.bizjournals.com/phoenix/news/2021/09/07/arizona-ag-tucson-vaccine-mandate-violates-law.html?utm_source=st&utm_medium=en&utm_campaign=bn&utm_content=ph&ana=e_ph_bn&j=24975565&senddate=2021-09-07Arizona Attorney General Mark Brnovich said the city of Tucson has acted contrary to state law in mandating that city employees be vaccinated against Covid-19.
That means the city could lose millions of dollars in state funding if it does not rescind or amend its policy within 30 days, Brnovich said Tuesday.
“Tucson’s vaccine mandate is illegal and the city could be held liable for attempting to force government employees to take it against their beliefs,” Brnovich said in a statement. “Covid-19 vaccinations should be a choice, not a government mandate.”
Tucson’s rule, which was enacted on Aug. 13, required its employees to provide proof of Covid-19 vaccination by Aug. 24 or face five-day unpaid suspensions.
Arizona lawmakers earlier this year passed a law forbidding local and state government entities from imposing Covid-19 mandates on employees.
However, that law does not go into effect until Sept. 29, creating what the AG described as a loophole for the city to take advantage of by issuing its order in the interim.
Gov. Doug Ducey had issued an executive order in August to stop cities from implementing Covid-19 vaccine mandates before the law went into effect, but Tucson did not rescind its ordinance after that.
Brnovich’s office said that because the intent of the state Legislature was clear when it passed the law, and because Ducey’s executive order supplemented the law, Tucson employees had a strong basis against compliance with the city’s mandate.
An attempt to reach the office of Tucson Mayor Regina Romero was not immediately returned.Brnovich said that Tucson could be subject to liability claims from employees penalized by the city when they have refused the vaccine while relying on the state law and the governor’s executive order.
Also in August, Brnovich’s office issued a legal opinion that state and federal laws forbid government and other public agencies from mandating Covid-19 vaccinations for employees but allow private businesses to do so — provided they make accommodations for disability and religious belief.