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Legislators Request Attorney General Investigation of Pima County Proclamation

Friday, May 15, 2020

FOR IMMEDIATE RELEASE

Sen. Leach, Rep. Finchem and Rep. Roberts

Request Attorney General Investigation of Pima County Proclamation

STATE CAPITOL, PHOENIX – Senator Vince Leach, Representative Mark Finchem and Representative Bret Roberts, all from Legislative District 11, have submitted a request to Arizona Attorney General Mark Brnovich, calling for his investigation of a Pima County Board of Supervisors Proclamation passed on Wednesday. The Proclamation added a multitude of new regulations on businesses attempting to re-open after being shut down because of the COVID-19 outbreak.

The Proclamation appears to violate A.R.S 26-307, which forbids counties, cities and towns from making rules and regulations inconsistent with those issued by the governor. Governor Ducey's latest Executive Order, issued on Tuesday, referenced this authority. Executive Order 2020-36 states: "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 Executive Order, including but not limited to any order restricting persons from leaving their home due to the COVID-19 public health emergency, or any other order, rule or regulation that was not in place as of March 11, 2020."

"We've seen throughout this crisis how important it is to balance health concerns with the need to reopen businesses and get Arizonans back to work," said Senator Leach. "Governor Ducey and the legislature have been working with experts to find that balance and determine the best course of action for the entire state. It is unfortunate that Pima County is taking actions that are not consistent with the state. The cumbersome regulations in its proclamation will not facilitate an easy reopening for businesses."

"With the curve of transmission flattened, it is time to lift the heavy hand of government," said Representative Finchem. "The Governor's latest Executive Order has precautions designed to protect patrons, while giving businesses the freedom to restart and rebuild their lives and the lives of their employees. The decision by three supervisors to ignore the Governor's clear directive not to exceed State standards is by definition a violation of law."

"The Governor has done his job by listening to small businesses and the guidance of experts at the Arizona Department of Health Services," said Representative Roberts. "The very next day, Pima County puts their thumb back on these small businesses, while at the same time denying the ability of Pima residents the opportunity to evaluate their own health and safety decisions. I am confident that Pima County residents are smart enough to make their own choices regarding their health and don’t need more onerous government regulation further controlling their daily lives."

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CONTACT:

Mike Philipsen

Director of Communications

Senate Majority Staff

602-926-3972

mphilipsen@azleg.gov

Andrew Wilder

Director of Communications

House Majority Caucus

602-926-5299

awilder@azleg.gov

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