Tucson Pauses Mandatory Vaccines for City Workers After AZ AG Determined it a Violation of Law

Tucson, Arizona, has placed a pause on its mandatory vaccine for city workers after Attorney General Mark Brnovich’s (R) investigation determined that the requirement violated both state law and Gov. Doug Ducey’s (R) executive order prohibiting the practice.

On Tuesday, Brnovich’s office announced that the city of Tucson must reverse or amend its mandate requiring city workers to get vaccinated or risk losing millions of dollars in state funding, and the city responded promptly, pausing the mandate.

City Manager Michael Ortega lamented Brnovich’s warning, describing the city’s vaccine policy as “an important and necessary step to protect our staff and the community.”

“Until we have a better understanding of our legal position in relation to today’s report, I have instructed staff to pause on the implementation of the policy,” he said.

“It is deeply unfortunate, but not surprising, that the Attorney General is prioritizing his political ambitions over his responsibility to objectively interpret the law,” Mayor Regina Romero said in a statement.

“This report reads more as a campaign speech filled with political commentary rather than a fact-based legal opinion. We are currently reviewing our options, and Mayor and Council will need to provide direction as to how we proceed from here,” she added.

On Tuesday, Brnovich’s office told reporters that they found that the “city’s ordinance violates state law and also is in direct conflict with the governor’s executive order.” In a separate statement on Tuesday, Brnovich called Tucson’s vaccine mandate “illegal.”

“Tucson’s vaccine mandate is illegal, and the city could be held liable for attempting to force employees to take it against their beliefs,” he said in a press release. “COVID-19 vaccinations should be a choice, not a government mandate.”

As Breitbart News detailed:

“And the legislature’s intent was clear when it passed Senate Bill 1824 this year,” one official said. That bill specifically bars local governments and the state from imposing vaccine mandates, although the law does not go into effect until September 29. However, officials say the city of Tucson is also in violation of the governor’s executive order, which prohibits localities from implementing vaccine mandates.

“Adhering to the rule of law in Arizona is not optional. It’s everyone’s responsibility, including the city of Tucson,” the official said.

“General Brnovich strongly believes that in all medical and health decisions, all Americans have the right to try and the right not to try, and we can’t have one without the other,” she continued.

Ultimately, his office warned that the city must “immediately rescind its ordinance, or it will be, again, at risk for losing millions of dollars in state shared revenue.” Brnovich gave the city 30 days to take action. Anything behind that, and “the AGO will notify the Arizona Treasurer, who will withhold the city’s portion of state shared revenue until it comes into compliance,” he said.