Skip to content
The COVID Project
  1. Library
  2. Arizona
  3. AZ-046

Ex. AZ-046 Order Primary source read

Informal Opinion I21-003 (R21-004, R21-005)

Whether Pima County Resolution No. 2020-96 Violates Executive Order 2021-06

Arizona Attorney General Mark Brnovich (Solicitor General's Office) · Arizona (State)

The COVID Project

The record

Jurisdiction
Arizona
Level
State
Authority
A.R.S. 41-193; informal opinion to legislators
Issued
2021-04-06 Apr. 6, 2021
Effective
n/a (read as 2021-04-06)
End
n/a (read as 2021-06-30)
In force
Apr. 6, 2021 to June 30, 2021
Quarters
2021 Q2
Limitation types
Face-covering requirementOther
Addressees
  • Pima County
  • the Legislature
Functions reached
  • MASK local mandates' continuing enforceability after Mar. 25, 2021
Collection
Arizona AZ

Operative words

Although Pima County Resolution 2020-96 requiring face coverings conflicts with Governor Ducey's statements in Executive Order 2021-06, the Pima County Resolution is not likely preempted under Executive Order 2021-06. This is because the preemption clause in Executive Order 2021-06 rests its authority exclusively on A.R.S. 26-307, but Resolution 2020-96 cites independent authority outside of Title 26.

Enforcement

Advisory; recognizes ADHS rulemaking as the route to preempt county mask rules

Notes

Establishes that county face-covering resolutions grounded in Title 36 authority remained enforceable after EO 2021-06 in the Attorney General's view.