An executive order by Arizona's governor makes it harder for mayors, cities, and towns to close parks, essentials or mandate stay at home orders without going through the state.
The order uses words like "shall be consistent with advice from Arizona Department of Health Services" and "restrictions shall be coordinated with the state."
The governor's executive order also lays out what's considered essential if a stay at home order is placed in Arizona. The list is pages long with everything from bakers, to golf courses, and pawn brokers.
A first amendment attorney, Dan Barr, says the executive order is clear - "the governor has said pretty clearly that he has the sole power."
Barr describes the words "consistent" and "coordinate" in the executive order as "weasel words."
"If hes going to take such authority, he should come forward and say, 'Yeah I'm taking the exclusive authority,'" he said. "He should come out and say, 'Yes, I'm taking exclusive power and the responsibility for issuing such orders lies with me and me alone.'"
ABC15 has highlighted parks are packed with people despite a call for social distancing. If Phoenix's mayor and city council wanted to put a closure to parks to slow the spread of COVID-19, they would have to go to the governor first.
"I am concerned this is not sustainable," said Mayor Kate Gallego. "The idea that we would have to check with the governor before implementing safety measures at any of the incredibly broad number of essential services seems unworkable."
Phoenix is the nation's fifth largest city that has the largest population in Arizona.
Gallego tells ABC15 she understands the governor's interest in having consistency across the state of Arizona, "but my message is we can't stop cities from making decisions throughout COVID-19."
Last week, the governor made it clear that he wants cities and counties to make decisions at a local level when implementing closures -- like bars, and restaurants.
Flagstaff, Phoenix and Tucson all used their authorities to mandate the closures of bars and restaurants, days before a state-wide mandate.
On Tuesday, a day after the governor's executive order, Tucson made a move requesting the governor issue a "remain in place" order.
In Tucson, Mayor Regina Romero, posted to social media that the city council unanimously approved a motion encouraging Governor Ducey to take action at the statewide level to issue a "remain in place."
The governor said in a Monday press conference that his order is for clarity.
"This is a proactive and administrative measure that ensures the state has one consistent, overarching policy," said Ducey.
- Supreme Court: Clarence Thomas calls for shrinking the First Amendment - Vox.com - May 14th, 2020
- What words make up a true threat? Well, that depends - The Mercury - May 14th, 2020
- Onslow Sheriffs department will not interfere with indoor church services - Jacksonville Daily News - May 14th, 2020
- Religious freedom is under threat in the courtroom - UPI.com - May 14th, 2020
- Neuberger Demands That Carney Lift Restrictions On Worshipping Now - First State Update - May 14th, 2020
- The First Amendment To the Constitution of The United States of America - The Suburban Times - May 11th, 2020
- Exposing Russian information operations does not violate the First Amendment | TheHill - The Hill - May 11th, 2020
- The Supreme Court Could Use the First Amendment to Unleash a Robocall Nightmare - The Atlantic - May 11th, 2020
- Divorcing couples have First Amendment right to disparage each other on social media, SJC rules - The Boston Globe - May 11th, 2020
- The Price of the First Amendment "Is That We Must Put Up With a Good Deal of Rubbish" - Reason - May 11th, 2020
- Societe Generale: Availability of the first amendment to the 2020 Universal Registration Document - GlobeNewswire - May 11th, 2020
- Governors Can't Suspend the First Amendment - Daily Signal - May 11th, 2020
- Houston strip club allowed to open, but without dancers - KHOU.com - May 11th, 2020
- Lawsuit filed against Marco Island alleges first amendment violation - Marco News - May 4th, 2020
- First amendment rights should not be suppressed, even during pandemic The News Journal - The News Journal - May 4th, 2020
- Urgent Care Doctor Silenced By Youtube Says His First Amendment Rights Have Been Attacked - Sara A. Carter - May 4th, 2020
- 'ReOpen NC' Founder Has COVID-19, Says It Is Her First Amendment Right To Infect Others - Wonkette - May 4th, 2020
- A tale of two universities and one First Amendment - OneNewsNow - May 4th, 2020
- The Trump campaign's frivolous lawsuits are next-level threats to the First Amendment - Business Insider - Business Insider - April 18th, 2020
- New podcast: Who-da thunk it? Drive-in churches are First Amendment battlegrounds - GetReligion - April 18th, 2020
- Students Don't "Shed Their Freedom of Speech at the Schoolhouse Gate" - Reason - April 18th, 2020
- Teenager Who Shared Coronavirus Infection on Instagram Threatened With Arrest By Police, Lawsuit Says - Newsweek - April 18th, 2020
- Tea Party president says he was threatened with arrest for planning protest on Newton Green - New Jersey Herald - April 18th, 2020
- Legal expert: Trumps liberate Tweets incite insurrection and thats illegal - AlterNet - April 18th, 2020
- Lawmakers say Walz order is a violation of The First Amendment - KWLM (Willmar Radio) - April 18th, 2020
- With the public's need to know greater than ever, the D&C fights for info on outbreak - Democrat & Chronicle - April 18th, 2020
- Real-time updates: Drive-through coronavirus testing available in Grays Harbor County this weekend - KING5.com - April 18th, 2020
- COVID-19 Didn't Permit Government To Do Anything It Wants To Churches - The Federalist - April 18th, 2020
- First Amendment Win - Radio Ink - April 11th, 2020
- Knight First Amendment Institute Sues The CDC For Failing To Provide Details Of Its Media Gag Order - Techdirt - April 11th, 2020
- How The Constitution Gets Tested In Times Of Crisis, Like A Pandemic - Houston Public Media - April 11th, 2020
- Letter to the Editor - Is our First Amendment infringed by Governor's mandate - Bay Net - April 11th, 2020
- First Five: Religious communities can fight pandemic but not by gathering - McDowell News - April 11th, 2020
- Why the government can shut down church gatherings during pandemic | TheHill - The Hill - April 11th, 2020
- Federal officials fired by Trump face tough road in court | TheHill - The Hill - April 11th, 2020
- Constitution, church and social crises - Kemmerer Gazette - April 11th, 2020
- Danbury Pastor Goes Online To Battle Coronavirus, And Wins - Danbury, CT Patch - April 11th, 2020
- NWS: High wind watches issued for the area - Salina Post - April 11th, 2020
- 'Free Speech' Supporter Jerry Falwell Jr. Thinks It's Criminal To Report On His Dumb And Dangerous Response To The Pandemic - Techdirt - April 11th, 2020
- Rep. Ted Lieu responds to being called an 'agent of China' - NBC News - April 11th, 2020
- As Easter nears, see which of the 50 states are banning religious gatherings in response to the coronavirus - cleveland.com - April 11th, 2020
- Reporters Committee urges Congress to protect court access during COVID-19 - Reporters Committee for Freedom of the Press - April 11th, 2020
- Religious freedom and the promise of Easter - AL.com - April 11th, 2020
- Lobbying frenzy connected to stimulus sparks backlash | TheHill - The Hill - March 26th, 2020
- Judge rules lawsuit alleging Trump threatened free press can move forward | TheHill - The Hill - March 26th, 2020
- Trumps Coronavirus Briefings Are a Ratings Hit. Should Networks Cover Them? - The New York Times - March 26th, 2020
- Relist Watch: 100 years of solitude - SCOTUSblog - March 26th, 2020
- Donald Trump Must Face First Amendment Suit for Revoking Press Badges - Hollywood Reporter - March 25th, 2020
- Robbins: Freedom of worship and the strange case of Warder Cresson - Vail Daily News - March 25th, 2020
- MuzzleWatch: Breaking down the legal attack against the BDS movement - Mondoweiss - March 25th, 2020
- Misplaced outrage over who attends a White House press conference | TheHill - The Hill - March 25th, 2020
- Donald Trump Violated First Amendment by Blocking Critics on Twitter, Appeals Court Affirms - Variety - March 24th, 2020
- Sixteen Stormy Days: Tripurdaman Singh's account of the First Amendment to Indian Constitution makes for... - Firstpost - March 24th, 2020
- Keep Federal COVID-19 Package Focused on the Virus and Its Effects - Mackinac Center for Public Policy - March 24th, 2020
- WEHOville Asks John Duran to Stop Blocking It and WeHo Residents on Social Media - WEHOville - March 24th, 2020
- Letter: Government actions going too far on virus - Grand Forks Herald - March 24th, 2020
- First Amendment - Rights, U.S. Constitution & Freedoms ... - March 19th, 2020
- The First Amendment, a Philosophy Professor, and Pronouns - Daily Nous - March 19th, 2020
- Sunshine Week: It's always your right to know - The Highland County Press - March 19th, 2020
- Relist Watch in the Time of Cholera - SCOTUSblog - March 19th, 2020
- Obey the Law - Justia Verdict - March 19th, 2020
- Transparency is transforming | Columns - Weatherford Democrat - March 19th, 2020
- NIST shared dataset of tattoos thats been used to identify prisoners - Naked Security - March 19th, 2020
- PATRIOT Act Morass: Gains and Stalled Reforms - Project On Government Oversight - March 19th, 2020
- COVID-19: Press Freedom and Government Transparency - RCFP - Reporters Committee for Freedom of the Press - March 19th, 2020
- Trump Isn't the First President to Attack the Press - The Nation - March 19th, 2020
- Rat spotted in Vancouver, Washington - Nwlaborpress - March 19th, 2020
- The Cyberlaw Podcast: Will the First Amendment Kill Free Speech in America? - Lawfare - March 5th, 2020
- The University's First Amendment Rights | Leadership in Higher Education - Inside Higher Ed - March 5th, 2020
- Sen. Blumenthal to receive the First Amendment Defender Award - WTNH.com - March 5th, 2020
- Will the First Amendment Kill Free Speech in America? - Reason - March 5th, 2020
- Donald Trump And Charles Harder Continue Their Assault On The 1st Amendment, Suing The Washington Post - Techdirt - March 5th, 2020
- Do Non-Lawmakers Have A First Amendment Right To Speak Before A Legislative Body? Its A Question In Texas After A Man Testified Wearing A Profane... - March 5th, 2020
- Guest Column: On the 1st Amendment and restrictive resolutions - Oak Ridger - March 5th, 2020
- Sen. Ron Wyden, Rep. Ro Khanna introduce bill to reform Espionage Act - Reporters Committee for Freedom of the Press - March 5th, 2020
- Cuellar holds off primary challenge, and other late calls - Politico - March 5th, 2020
- San Francisco expected to pay $369,000 settlement to Bryan Carmody - Reporters Committee for Freedom of the Press - March 5th, 2020
- EARN IT Act: Instant Reaction - Morning Consult - March 5th, 2020
- Judge: Hearings for Fauquier teen charged in fatal family shootings will remain closed - Fauquier Times - March 5th, 2020
- 'Second Amendment Preservation Bill' Passes Wyoming Committee - Kgab - March 5th, 2020