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Ex. MET-PHX-007 Order Primary source read

Pima County Resolution No. 2020-49 (June 19, 2020) and Resolution No. 2020-96 (Dec. 4, 2020) (face coverings); Attorney General Opinion No. I21-003 on Executive Order 2021-06

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

Pima County Board of Supervisors (Resolutions 2020-49 and 2020-96), as recited in Arizona Attorney General informal Opinion No. I21-003 (Apr. 6, 2021) · Pima County, Arizona (with State of Arizona, Attorney General) (County)

The COVID Project

The record

Jurisdiction
Pima County, Arizona (with State of Arizona, Attorney General) · Phoenix and Tucson · Arizona
Level
County
Authority
A.R.S. 36-183.02 and Title 36, ch. 1, art. 4 (Pima County); A.R.S. 26-307 and EO 2020-40 (State authorization); A.R.S. 41-193(A)(7) (opinion)
Issued
2020-06-19 June 19, 2020
Effective
2020-06-19 (Resolution 2020-49); 2020-12-04 (Resolution 2020-96, updating the mandate) (read as 2020-06-19)
End
Pima County bulletin of Mar. 30, 2021: Resolution 2020-96 'is still in effect' notwithstanding EO 2021-06; repeal date not verified (read as 2021-03-30)
In force
June 19, 2020 to Mar. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Face-covering requirementWorkplace rules
Addressees
  • all persons five years and older in Pima County, including incorporated areas
  • businesses
Functions reached
  • SF public places and businesses in Pima County (patron masks)
  • CB
  • WF
Collection
Phoenix and Tucson MET-PHX

Operative words

On June 19, 2020, Pima County adopted Resolution 2020-49, requiring, among other things, that when a person not exempted by the resolution 'is in a public place and cannot easily maintain a continuous distance of at least six feet from all other persons[,]' the person 'must wear a face covering.' This order was incorporated into Resolution 2020-96, adopted on December 4, 2020, which updated the previously adopted face-covering mandate.... [EO 2021-06:] Pursuant to A.R.S. 26-307, no county, city or town may make or issue any order, rule or regulation that conflicts with or is in addition to the policy, directives or intent of this or any other Executive Order... This includes but is not limited to mandated use of face coverings. Any city, town or county that has a rule, regulation or ordinance not in place as of March 11, 2020 that is in conflict with the provisions of this order shall not be enforced. Political [subdivisions] maintain the right to set and enforce mitigation policies in their own government buildings and on public transportation, including, but not limited to, requiring face coverings.... this informal opinion concludes that it is unlikely Pima County Resolution 2020-96 is unenforceable due to conflict with Executive Order 2021-06.

Enforcement

Resolution 2020-49 precluded any penalty, including any civil penalty (Tucson Ordinance 11766 recital); Tucson supplied the civil penalty within the City

Notes

Husch Blackwell (Ex. MET-PHX-036): Resolution passed June 19, 2020, ages five and older, exempting restaurant patrons and outdoor exercisers, no expiration date. Footnote 1 of the opinion records the pending curfew litigation, Next Level Arcade Tucson, LLC v. Pima County, 2 CA-CV 2021-0034 (Ariz. Ct. App.). the opinion is read in full (verified_primary as a State instrument).

Retrieval note

Requested Mar. 30, 2021 by Sen. Ugenti-Rita, Sen. Leach and Rep. Roberts. AZ Mirror Apr. 7, 2021 (Ex. MET-PHX-034) reports Phoenix, Flagstaff and Tucson kept their mandates after EO 2021-06.