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    Home»Arizona»AG Brnovich Issues Legal Opinion on the Authority of State and Local Officials to Enforce Violations of Lawful Emergency Declarations Issued by Cities and Towns
    Arizona

    AG Brnovich Issues Legal Opinion on the Authority of State and Local Officials to Enforce Violations of Lawful Emergency Declarations Issued by Cities and Towns

    April 1, 2020No Comments
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    Attorney General of the State of ArizonaPhoenix AZ (April 1, 2020) – Attorney General Mark Brnovich issued a formal legal opinion today regarding the lawful authority of local law enforcement and county sheriffs to enforce emergency declarations. In short, the Attorney General’s Office (AGO) concluded that local law enforcement officials and county sheriffs have authority under A.R.S. § 26–316 to enforce provisions of lawful emergency declarations issued by cities and towns, as long as they are consistent with orders, rules and regulations promulgated by the governor.

    Sen. Paul Boyer recently posed the following question to the AGO:

    If a city or town issues a lawful emergency declaration, what authority do local law enforcement and county sheriffs have to enforce such declarations?

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    Under A.R.S. § 26–317, individuals who knowingly fail or refuse to obey a lawful order under the emergency management laws may be guilty of a class 1 misdemeanor. In exercising such authority, however, law enforcement officials must continue to be mindful of constitutional rights and should execute their duties in a manner that promotes justice.
     
    Many cities and towns in Arizona have issued emergency declarations in response to public health concerns surrounding the COVID-19 pandemic under the authority granted to them in A.R.S. § 26–311. This statute generally allows “the mayor of an incorporated city or town or the chairman of the board of supervisors” to declare an emergency and impose necessary regulations “to preserve the peace and order” but it “shall not be inconsistent with orders, rules and regulations promulgated by the governor[.]”
      
    The opinion concludes that while individuals who knowingly fail or refuse to obey a lawful order under the emergency management laws may be guilty of a class 1 misdemeanor, law enforcement agencies must take care to maintain constitutional safeguards that exist to protect individual rights and fundamental liberties.  Similarly, just as Arizona’s health authorities should not issue unjust or discriminatory public health orders, state and local law enforcement agencies must continue to enforce the law in a manner that promotes justice.

    A copy of the full opinion can be found here.

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    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

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    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

    On May 17, starting at 7 p.m. at the Old Town Center for the Arts in Cottonwood, the 20th Anniversary Celebrating Dylan’s Birthday will be held, an event that draws some of the best musicians in the Verde Valley to pay tribute to one of the world’s most influential songwriters and musicians. Organized by Blues Master Joe Neri over the last 25 years, it’s an event that brings to life the magic of Dylan’s music as interpreted by the perfuming artists featured in the celebration. On May 24 poet Bob Dylan celebrates his 84th birthday and is still performing live today.

    Read more→

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    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

    On May 17, starting at 7 p.m. at the Old Town Center for the Arts in Cottonwood, the 20th Anniversary Celebrating Dylan’s Birthday will be held, an event that draws some of the best musicians in the Verde Valley to pay tribute to one of the world’s most influential songwriters and musicians. Organized by Blues Master Joe Neri over the last 25 years, it’s an event that brings to life the magic of Dylan’s music as interpreted by the perfuming artists featured in the celebration. On May 24 poet Bob Dylan celebrates his 84th birthday and is still performing live today.

    Read more→

    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

    On May 17, starting at 7 p.m. at the Old Town Center for the Arts in Cottonwood, the 20th Anniversary Celebrating Dylan’s Birthday will be held, an event that draws some of the best musicians in the Verde Valley to pay tribute to one of the world’s most influential songwriters and musicians. Organized by Blues Master Joe Neri over the last 25 years, it’s an event that brings to life the magic of Dylan’s music as interpreted by the perfuming artists featured in the celebration. On May 24 poet Bob Dylan celebrates his 84th birthday and is still performing live today.

    Read more→

    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

    On May 17, starting at 7 p.m. at the Old Town Center for the Arts in Cottonwood, the 20th Anniversary Celebrating Dylan’s Birthday will be held, an event that draws some of the best musicians in the Verde Valley to pay tribute to one of the world’s most influential songwriters and musicians. Organized by Blues Master Joe Neri over the last 25 years, it’s an event that brings to life the magic of Dylan’s music as interpreted by the perfuming artists featured in the celebration. On May 24 poet Bob Dylan celebrates his 84th birthday and is still performing live today.

    Read more→

    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

    On May 17, starting at 7 p.m. at the Old Town Center for the Arts in Cottonwood, the 20th Anniversary Celebrating Dylan’s Birthday will be held, an event that draws some of the best musicians in the Verde Valley to pay tribute to one of the world’s most influential songwriters and musicians. Organized by Blues Master Joe Neri over the last 25 years, it’s an event that brings to life the magic of Dylan’s music as interpreted by the perfuming artists featured in the celebration. On May 24 poet Bob Dylan celebrates his 84th birthday and is still performing live today.

    Read more→

    Tribute to Bob Dylan

     

    A Tribute to Bob Dylan

    On May 17, starting at 7 p.m. at the Old Town Center for the Arts in Cottonwood, the 20th Anniversary Celebrating Dylan’s Birthday will be held, an event that draws some of the best musicians in the Verde Valley to pay tribute to one of the world’s most influential songwriters and musicians. Organized by Blues Master Joe Neri over the last 25 years, it’s an event that brings to life the magic of Dylan’s music as interpreted by the perfuming artists featured in the celebration. On May 24 poet Bob Dylan celebrates his 84th birthday and is still performing live today.

    Read more→

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