After AG's Warning, Tucson City Council Reviews Legal Challenges To Vaccine Mandate

TUCSON, AZ—Tucson's mayor and City Council plan to review the possible legal ramifications of the city's vaccine mandate for employees at a study session Tuesday.

Tucson City Council voted to enact a mask mandate for city employees on August 13 and said employees risked a five-day unpaid suspension if they did not show proof of receiving their first shot by August 24.

Last week, Arizona Attorney General Mark Brnovich released a statement saying the mandate violates state law and conflicts with Governor Doug Ducey's executive order. Brnovich warned the city could lose state funding unless it rescinds its policy within 30 days of his notice.

City Manager Michael Ortega said he has instructed staff not to implement the policy "until we have a better understanding of our legal position in relation to (Brnovich's) report."

In response to Brnovich's statement, Mayor Regina Romero said the AG "is prioritizing his political ambitions over his responsibility to objectively interpret the law."

"We are currently reviewing our options, and Mayor and Council will need to provide direction as to how we proceed from here," Romero said in a statement.

City Attorney Mike Rankin said last week that the state law preventing municipalities from having a vaccine mandate does not go into effect until September 29.

"We are evaluating the implications of the Attorney General’s opinion that the City’s vaccine requirement violates a statute that does not yet have legal effect," he said.

According to a Council agenda, Rankin will update the mayor and council members about any legal developments, and provide direction on next steps.

City Council meets in a study session at 1:30 p.m. Tuesday, before a regular meeting at 5:30 p.m. You can access the agenda for the study session on the city website.