By Howard Fischer
Twitter: @azcapmedia

Arizonans who assemble to worship or protests don't necessarily have to keep six 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 six 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.