Arizonans who assemble to worship or protests don't necessarily have to keep 6 feet between them to avoid violating the governor's executive order and subjecting themselves to arrest and jail, Attorney General Mark Brnovich said Thursday.
In a formal legal opinion, Brnovich pointed out that Gov. Doug Ducey, in his order, specifically permits people to engage in "constitutionally protected activity, including religion and speech. But that order said these are allowed only to the extent they are "conducted in a manner that provides appropriate physical distancing to the extent feasible.''
Rep. Kelly Townsend (R-Mesa) who requested the opinion, noted that that Ducey, in other parts of his executive order, specifically required separation of 6 feet.
So she asked Brnovich whether that would put parishioners and others in legal jeopardy — and subject them to the $600 fine and six months in jail that Ducey said is the enforcement provision of his orders — if they were closer than that.
Brnovich, in essence, said no.
He pointed out that there's no specific distance requirement when things like church services — and even rallies — are at issue, with Ducey instead relying on words like "appropriate'' and "feasible.''
"This flexible language recognizes that what may be appropriate or feasible in one context may not be appropriate or feasible in another context,'' he wrote.
Separately Thursday, Townsend and Sen. David Farnsworth (R-Mesa) are moving to try to trim his emergency authority.
The pair told Capitol Media Services they are reviewing the laws that gave Ducey the right to declare an emergency in the first place, the precursor to his executive orders.
Those laws spell out that gubernatorial-declared emergencies terminate on proclamation of the governor. But Townsend, seeking a quick end, also noted that can also be done "by concurrent resolution of the legislature declaring it at an end.''
She isn't alone in that sentiment.
"I'm asking my colleagues in the Legislature to join me in overturning the arbitrary extension of the state-at-home order,'' wrote House Majority Leader Warren Petersen (R-Gilbert) on his Facebook page.
He urged followers to call on their own legislators to back a repeal. And he dismissed the argument that the order protects people.
"In case you didn't know, anyone can stay at home,'' he wrote.
But neither Townsend nor Petersen will get a chance for a vote on that any time soon as the legislative session remains in limbo.
On Thursday, legislative leaders decided not to reconvene Friday, May 1 as had been planned. But it remains unclear not only when they will return but whether that will be to take up legislative business or simply to formally shut down the session until January.