AZ Attorney General says AZDHS, not Ducey has authority over mask mandate

TUCSON, Ariz. (KOLD News 13) - In an informal letter sent out today to state leaders, Arizona Attorney General Mark Brnovich says Governor Doug Ducey does not have the authority to rescind the mask mandate in Pima County.

However, Brnovich says the Arizona Department of Health Services does, but has not written any regulations on the matter.

Additionally, Brnovich says the county still maintains emergency public health powers, despite Gov. Ducey rescinding the requirement for masks under executive order 2021-06.

He suggests that it is unlikely that Pima County’s resolution to enforce mask-wearing, despite the governor’s order, is unenforceable due to the county’s emergency powers conflict with Ducey’s latest executive order.

Brnovich says the only way for Ducey to enforce his latest order is to go through the state health department, which would have to promulgate and enforce regulations to other counties.

Below is a copy of the informal letter.

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