Doug Ducey issues executive order banning vaccine mandates

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In this Dec. 2, 2020, file photo, Arizona Republican Gov. Doug Ducey answers a question during a news conference in Phoenix. (AP Photo/Ross D. Franklin, Pool, File)

Gov. Doug Ducey announced a new executive order today strengthening enforcement against vaccine mandates and ensuring those employed by a local government can use earned sick leave due to COVID-19 exposure. 

Ducey said in a press release, “We encourage all Arizonans to get the vaccine — it’s safe, effective, and free. But getting it is a personal choice, and we will not allow discrimination based on vaccination status. Today’s order builds on our efforts to protect Arizonans from excessive mandates that hinder their freedom to choose what’s best for their health.”

Specifically, the Governor’s Executive Order states:

  • Any county, city, town or political subdivision official that implements a vaccine mandate contrary to the authorities outlined in this order, 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; and
  • Any county, city, town or political subdivision official that fails to provide earned sick leave to an employee if it is recommended that the employee stay home due to exposure to COVID-19, is in violation of the Fair Wages and Healthy Families Act and action may be taken by individuals pursuant to the Act in the courts or through the Industrial Commission.

In June, Ducey signed Senate Bill 1824 which prohibits any authority to a city, town, or county to implement vaccination mandates. Arizona’s Fair Wages and Healthy Families Act provides that earned paid sick time be provided for employees when the individual is a risk to the community’s public health. This includes quarantining due to COVID-19 exposure, whether or not the individual is vaccinated from the virus. 

In July, the CDC reimposed mask mandates after new data suggesting vaccinated people can pass on the virus in some cases.