Thursday, September 09, 2021

Arizona Attorney General: COVID-19 Vaccine Mandate for City Employees Is Unconstitutional

 

Arizona Attorney General: COVID-19 Vaccine Mandate for City Employees Is Unconstitutional

COVID-19 vaccine mandate that was handed down by the Tucson government for its employees was deemed unconstitutional by Arizona Attorney General Mark Brnovich’s office, according to a Tuesday news release.

The mandate, he said, violates state law and goes directly against a law—Senate Bill 1487—passed by the Arizona Legislature earlier this year, meaning Tuscon must amend or repeal the ordinance or lose state funding. The law bars local and state government entities from imposing COVID-19 mandates on employees, although it does not go into effect until Sept. 29, creating what Brnovich described as a loophole that was exploited by Tucson’s government.

“The Legislature’s intent was clear when it passed S.B. 1824 earlier this year—government entities from the local to state level cannot mandate COVID-19 vaccines,” said his office, adding that the “City of Tucson could subject itself to potential liability claims if it were to take adverse action against an employee who relies on” the state law or an executive order handed down by Gov. Doug Ducey (R-Ariz.) to refuse the vaccine.


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