TUCSON, Arizona (KOLD News 13) – The city of Tucson has suspended its vaccination mandate following an opinion from Arizona State Attorney General Mark Brnovich.
Brnovich opined that the warrant is illegal because it violates state law and an executive order by Governor Doug Ducey banning vaccination warrants.
The city says it is weighing its options ahead of next week’s city council meeting, where those options will be discussed.
In an afternoon press release, Tucson Mayor Regina Romero accused Brnovich of playing politics and said his opinion is said more as a political speech than as a legal opinion.
Arizona State Sen. Kelly Townsend, who filed the lawsuit against the city, accused the mayor of “imposing disrespect on the law on Tucson City employees.”
Vaccine mandates have become politically excessive in the state.
In his view, Brnovich told the city that if he did not cancel the term within 30 days, he would instruct the state treasurer to withhold the city’s share of the state’s shared revenue that could amounting to $ 120 million.
On August 13, the city voted 6-1 to make vaccines a working condition for the city. It has reached almost 80% compliance, but police and firefighters are left behind with less than 40%.
But some in the city are poised to back down even with the AG threat.
“The fact that the attorney general expresses an opinion does not mean that that opinion is binding,” said Steve Kozachik, a member of Ward 6 City Council. “We have due process and will express our rights over due process.”
The city argues that laws banning vaccine warrants will not go into effect until Sept. 29, 90 days after the end of the legislative session.
But in addition, the laws were attached to the budget bills, which makes them null and void due to the provision of the “single number” state that says laws cannot contain more than one subject.
“We have a lot of procedures in place by the time we have to make that decision,” Kozachik said. “And the procedure pursues our rights within the judicial system.”
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