Arizona Attorney General Mark Brnovich (R) announced Tuesday that a vaccine mandate implemented in Tuscon for public employees is illegal.
In a press release, published yesterday, Brnovich announced that Tuscon’s mandate violates two pieces of legislation previously enacted – S.B. 1497 and Executive Order 2021-18. Through the “S.B. 1497 Investigation,” the attorney general’s findings showed that Tuscan’s Ordinance 11869 violates state law, as it requires proof of COVID-19 vaccines for city employees and shows how the city attempted to circumvent state law.
Our office determined today that Tucson’s vaccine mandate is illegal, and the city could be held liable for attempting to force employees to take it against their beliefs. COVID-19 vaccinations should be a choice, not a government mandate.
— Mark Brnovich (@GeneralBrnovich) September 7, 2021
Details: https://t.co/VGxgsw9XYR
In Executive Order 2021-18, it states it “prohibits the state and any city, town, or county from requiring a person to be vaccinated against COVID-19.” Additionally, it states “earned paid sick time shall be provided for employees when a public health official has determined that the person is a risk to the community’s public health whether or not the person has a communicable disease.”
The investigation notes that Tuscon adapted their ordinance on Aug. 13 and required public employees to submit proof of vaccination by 4 p.m. on Aug. 24. “The Office notes that the City’s obvious effort to circumvent state law raises serious concerns about the equities of requiring city employees to get a vaccine contrary to the clear policy objective set forth by the Arizona Legislature,” the investigation claims. “It is self-evident that any negative side effects of a vaccine will not be undone merely on the general effective date of legislation. And it will be cold comfort to city employees that state law unambiguously protects them after they were required to obtain a vaccine that they would not otherwise have obtained in the first place.”
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In a statement published Tuesday, Brnovich spoke out against the ordinance, calling it “illegal” and emphasizing that COVID-19 vaccines should be a choice, not mandated.
“Tucson’s vaccine mandate is illegal, and the city could be held liable for attempting to force employees to take it against their beliefs,” Brnovich said in the statement. “COVID-19 vaccinations should be a choice, not a government mandate.”
According to the press release, Tucson must rescind or amend the ordinance or risk losing millions of dollars in state funding. Furthermore, the attorney general stated that Tuscon employees should feel comfortable refusing to take the vaccine if the city tries to impose it.
“[I]f the City of Tucson does not rescind its policy within the next 30 days, the AGO will notify the Arizona Treasurer, who will withhold the city’s portion of state shared revenue until it comes into compliance,” the release states. “Additionally, the AGO believes the City of Tucson could subject itself to potential liability claims if it were to take adverse action against an employee who relies on E.O. 2021-18 and state law to refuse the vaccine.”
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