In addition to the jaw dropping anti-school kid executive orders, Ducey also issued an Executive Order designed to stop cities from requiring their employees to get vaccinated. That EO, called E.O. 2021-18  says that:

  • Any county, city, town or political subdivision official that implements a vaccine mandate is in violation of A.R.S. 36-114 and 36-184 and such actions are punishable by a class 3 misdemeanor and subject to legal action by individuals for violation of their rights under Arizona law.

The state budget included a provision that prevents political jurisdictions from requiring vaccines of their staff, but that law doesn’t take effect until September 29 (Valleywise Health was exempted from that statute).

So, the governor decided to try to make it effective immediately. His executive orders refer to statures that have been on the books for decades that aren’t specific to vaccines. It may or may not apply to staff vaccine requirements:

ARS 36-114: Nothing in this title shall authorize the department or any of its officers or representatives to impose on any person against his will any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. Nothing in this title shall authorize the department or any of its officers or representatives to impose on any person contrary to his religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person.

The City of Tucson already requires city employees to get the COVID vaccine (with exceptions) or face some financial consequences. Whether the courts will enforce ARS 36-114 to stop that policy decision remains to be seen.

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