PHOENIX — Gov. Doug Ducey is blocking government agencies and some businesses from requiring customers to prove they have been vaccinated against COVID-19.
But business owners remain free to turn away customers who are not fully inoculated.
In the latest use of his emergency powers Monday, Ducey issued an executive order barring any state or local government from denying access to any building, business, facility, location, park or other space simply because that person has not provided proof of vaccination. The same executive order says vaccination proof also cannot be required by government agencies as a condition of receiving any permit, service, license or work authorization.
Ducey also said that any business that has a contract with the state to provide services to the public is similarly prohibited from demanding documentation of vaccine status of customers.
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“The residents of our state should not be required by the government to share their private medical information,†the governor said in a prepared statement.
But Ducey’s claim that he is banning so-called “vaccine passports†doesn’t hold up under closer examination.
During a March 24 update, Pima County's Chief Medical Officer Dr. Francisco Garcia discusses the state's rejection of a federally funded vaccine site in Tucson and their plans to expand vaccine availability.
His restrictions on what businesses can — and cannot do — covers only firms with state contracts. Companies that are not getting money from the state are unaffected and can shun unvaccinated customers, just as they now are free to require patrons to wear masks despite the lack of a statewide mandate.
As crafted, the order also does not affect what employers can require of their workers. Firms can decide to hire only those who are fully immunized.
And Ducey’s order also contains other exceptions to his ban on people having to produce proof of vaccination.
For example, hospitals, nursing ÃÛÁÄÖ±²¥ and other congregate care settings still can deny access to patients, residents, employees or visitors.
It also leaves undisturbed the current ability of schools, child care centers and universities to demand a student’s vaccination records.
But those laws address the normal childhood diseases, things such as measles and mumps. There is no current requirement for children to be vaccinated against other viruses, including COVID-19.
Finally, Ducey’s order does allow state or local health officials to require people to provide documentation of their vaccination status during any COVID-19 outbreak investigation.
The issue of vaccine passports has become a political issue since the Biden administration said it was developing standards for people to prove they have been vaccinated against the virus.
White House Press Secretary Jen Psaki said there will be no national mandate. But just the idea of it has raised fears that people might be asked for their papers.
It also comes nearly two weeks after the Senate Appropriations Committee approved an even broader plan. It would prohibit any and all businesses from demanding proof of vaccination for customers, regardless of whether they get money from the state.
HB 2190, as currently written, also would bar businesses owners from making vaccination a requirement for employees. But Rep. Bret Roberts, R-Maricopa, said that verbiage is likely to be removed if and when his measure goes to the full Senate.
The order also comes as Sen. Kelly Townsend, R-Mesa, is seeking a legal opinion from Attorney General Mark Brnovich on whether private companies can make vaccination proof a condition of being a patron or employees.
Dr. Cara Chrst, the state health director, said earlier this month she supports the idea of “vaccine passports†but does not want them to be something that people would have to show to enter certain businesses.
“It would be nice to have an electronic format of some of that,†the health director said. “But we’re not looking here at the department at making that a requirement.â€
Still, Christ said, this isn’t a question for her agency.

Hector Zamora receives his second shot from Eric Dutton, an EMT, at the Tucson Convention Center.
“Business owners do have the ability to implement mitigation strategies,†she said, ways to protect against the spread of the virus. And that is not limited to masks and social distancing.
The order comes as the latest figures from the state Department of Health Services show that just 37% of ÃÛÁÄÖ±²¥ns have received one dose of the vaccine and only about 25% are fully immunized.
“While we strongly recommend all ÃÛÁÄÖ±²¥ns get the COVID-19 vaccine, it’s not mandated in our state — and it never will be,†Ducey said. “Vaccination is up to each individual, not the government.â€
The scope of the governor’s order drew a sigh of relief from Garrick Taylor, spokesman for the ÃÛÁÄÖ±²¥ Chamber of Commerce and Industry.
“We appreciate that this order has been narrowly crafted and does not impose new mandates on private sector businesses broadly,†he said.
The new order also spells out that it does not limit the ability of individuals to access their own vaccination records as well as to have them forwarded to anyone else.
These photos of cactus blooms will make you fall in love with Tucson
Cactus blooms

Cactus blooms

These cactus blooms were taken by reader Jim at his home in the Dove Mountain area.
Cactus blooms

Cactus blooms

These cactus blooms were taken by reader Jim at his home in the Dove Mountain area.
Cactus blooms

Cactus blooms

Cactus blooms

These cactus blooms were taken by reader Jim at his home in the Dove Mountain area.
Cactus blooms

Cactus blooms

Cactus blooms

Cactus blooms

Cactus blooms

Cactus blooms

Cactus blooms

Cactus blooms

Cactus blooms

Blooming saguaro

A saguaro blooms in the Catalina Foothills. Blooms can be unpredictable, but peak blooms usually occur from mid-May to mid-June.
Cactus blooms at the ÃÛÁÄÖ±²¥-Sonora Desert Museum

Prickly pear in bloom

Another prickly pear’s bloom has a splash of red.
Cactus blooms

Prickly pear

A small prickly pear cactus in colorful bloom.
Brilliant bloom

Saguaros are blooming brilliantly in parts of the Tucson Valley. -- Credit: Doug Kreutz/ÃÛÁÄÖ±²¥ Daily Stars
Prickly pear cactus

A prickly pear cactus in brilliant bloom.
Prickly pear cactus

Yellow prickly pear blooms and hikers in Tucson Mountain Park.
Saguaro and ocotillo

A blooming saguaro with an ocotillo in bloom nearby.
Hedgehog cactus

A hedgehog cactus shows off its bright blooms.Â
Cholla cactus

A cholla cactus with yellow blooms.
Cholla cactus

A cholla cactus with red blooms.Â
Prickly pear

A prickly pear cactus with red blooms in the desert west of Tucson.Â
Bees and blooms

Bees visit the blooms of a saguaro cactus.
Yellow prickly pear flowers

Yellow flowers of prickly pears add color and beauty to Tucson Mountain Park west of the city.
07 VAM outside birding trail

Red cactus blooms decorate the Birding Trail.
Prickly pear cactus

Blooms and buds of flowers to come on a prickly pear cactus.
Cactus blooming

Saguaros will be blooming this month at Saguaro National Park . -- Credit: Doug Kreutz / ÃÛÁÄÖ±²¥ Daily Star
Bonanza of blooms

This cactus in the Catalina Foothills is in a blooming mood — and it’s just getting started. Still more buds than blooms.Â
Sabino Canyon saguaro

A blooming saguaro in Sabino Canyon with more buds waiting to open.
Multiple blooms

A saguaro with multiple blooms in Sabino Canyon.Â
Cactus Flower

Tucson ÃÛÁÄÖ±²¥
Trichocereus cactus in bloom

Trichocereus cactus in bloom
Cardon in bloom

Cardon in bloom on 3rd Street bike path
Barrel Cactus in Bloom

Late bloom on a barrel cactus
Foothills flowering cactus

Cactus wreathed in pink blooms