Ducey Promptly Follows Up by Signing HB2770 Which Says that Businesses Can Ignore Mask Requirements and Regulations – Even in Hospitals or Factories
The Arizona Attorney General issued an opinion last week saying that Governor Ducey can’t use his emergency authority (under the declared public health emergency) to stop counties from enacting their own mask mandates. As you recall, a couple of weeks ago he issued an edict that counties and cities can’t have and enforce mask mandates.
The legal opinion rests on the fact that the governor used executive authority derived from the public health emergency declaration in the emergency management statutes (ARS 26-307) to prevent counties from having and enforcing mask mandates.
The problem for him is that Pima County (and the other counties with mask mandates) used separate authority in their normal public health statutes (36-183.02 – Sanitary regulations) to require masks in public.
“Each county shall investigate all nuisances, sources of filth and causes of sickness and make regulations necessary for the public health and safety of the inhabitants.”
Interestingly, the A.G. opinion says that Director Christ can overturn county mask mandates if she so desires. Because of the public health emergency, she has broad authority under 36-787 – Public health authority during state of emergency or state of war emergency) to set statewide policy through rules or regulations regarding face coverings according to the A.G. opinion.
So basically, she needs to decide if it’s important enough to her that counties don’t have mask mandates that she’ll impose a statewide prohibition on mask mandates. I’d say the odds are about 60-40 that she does.
Governor Signs HB2770 Which States that Businesses Aren’t Required to Enforce Mask Mandates – Even in Hospitals and Factories
The Governor signed HB2770 Friday which will completely eliminate any enforcement of mask mandates that are imposed by the state, counties or cities. Once the bill takes effect 90 days after the end of this legislative session, businesses (including medical and manufacturing facilities) can ignore any mask mandates that are in place- regardless of what regulation currently requires them.
Had this bill been in place before the pandemic, there never could have been a business based mask mandate by any jurisdiction. It even negates the regulations that ADHS has that require infection control masks in medical facilities like hospitals. Additionally, it negates any protective equipment mask requirements that the Industrial Commission has for chemical or infection control purposes.
Astonishingly irresponsible to sign a bill that completely gets rid of this non-pharmaceutical intervention during an emergency and also stripping all regulations from the Administrative Code that require infection control or environmental exposure masks.
Of course, the ADHS under the leadership of Director Christ offered no statement or testimony in committee expressing any concern whatsoever about the bill.
Such is the state of the public health leadership in this state.
