Hum amt sin-nut: mun Mrunru nvaubim YUMA OFFICE mm Richard W. Files - City Attorney 0mm. wax-v tutu-tut mm lxixwumtlr um an Joseph D. Estes. Assistant City Attorney Arizona Bar Nu. 023635 Rodney C. Short, Dc ut'v City Attorney Arizona Bar No. 026 0 One Cit Plaza Yuma. rizo Telephone: E-mail: Jose Attorneys for Petilioner Cily of Yuma IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF YUMA CITY OF YUMA ex rel. STEVE IRR, in his Case No.2 SI400CV2020- official capacity as Fire Chief, and SUSAN M. SMITH. in her official capacity as Chicfof APPLICATION FOR Police, an Arizona municipal corporation, EMERGENCY ORDER REQUIRING YUMA Petitioner, COUNTY PUBLIC HEALTH v. SERVICES DISTRICT TO PROVIDE COVID-I9 HEALTH YUMA COUNTY ex rel. DIANA GOMEZ, in INFORMATION TO CITY OF her official capacity as Director oflhe Yuma YUMA FIRE AND County Public Health Services District, a CHIEF OF POLICE political subdivision ufthc State of Arizona, -AND Respondenl. VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND RELIEF [Assigned It) the Honorable Roger A. Nelson] Petitioner City onIlma ex rel. Sleve lrr, in his otfieial capacity ils Fire Chiefand Susan M. Smith, in her official capacity as Chef of Police ("Petitioner"). by and tllrougl counsel undersigned, bring Ihis special action for an Emergency Protective Order and Verified Complaint for Declaratory Judgment and Injunctive Relief against Responden Yuma Couniy ex rel. Diana Gomez, in her official capacity as Director uf [he Yumu County Public Health Services District ("Respondent"), allege and state as follows: Page I or II 2tThis special actien is fer the issuance ef an emergency prelective erder fer disclesure ef eemmunicable disease related inferinatien (?Emergency Order?), declaratery judgment and injunctive relief based en refusal le previdc critical CCIVID-IQ infermatien te Fetitiener?s Fire Chief and Felice Chief as representatives ef the City ef Yuma charged with vital ?rst respense in the City ef Yuma. 2. has been detected within Yuma Ceunty. r?ts el' Menday. l'vlarch 3U, QUEU, ?r'uma website anneunced that at least twelve {13) individuals have received pesitive results fer CCWl?lei. This number has mere than deubled since Friday March 3. Accerding te the US Center fer Disease Centrel the nevel cerenavirus that causes is highly eentagieus. It has a multi?day incubatien peried during which an infected persen shevvs ne The virus can be transmitted by peepie. The number ef patients diagnesed with Ct'Jr?te?ll'J?1?5l in the City ef Yuma and Yuma Ceunty is certain te celttinue te increase. 4. Fetitiener represents the City ef Yuma?s ?rst respenders. the "r'uina Fire Department and Emergency Medical Service and the Yuma Peliec Department which previde vital first eentaet emergency services te City ef?r?uina residents. 5. Emergency services play a critical rele in requests fer assistance}. maintaining civil erder. triaging patients, and previding emergency medical treatment and transpert fer ill persens. Unlike patient care in the centrelled envirenment ef a healtheare facility, care and transperts by emergency respenders er peliee ef?cers present unique challenges because ef the nature ef the setting, cenfined space during transpert, frequent need fer rapid decisienwmaking. interventiens with limited inl'ermatien, and a varying range ef patient acuity andjurisdictienal healtheare reseurees. Fetitiener?s TH) and ?rst respenders are particularly vulnerable te espesure ef threugh eentinueus interactien with City ef Yuma residents seeking emergency care and services. YFD respended in calls fer service between March 22 and March 23. including 2 mutual aid calls fer Emergency Medical Service runs in Yuma Ceunty and 1 in Imperial lCeunty. Page 1 et?t I I'l-ul 34 25 2? ES it'll 3. During the same period of time, YPD responded to 1.234 calls, including; 29 calls for service in Yuma County. 9. Petitioner has repeatedly requested Respondent to disclose exposure information in order to protect YFD and YPD first responders from infection while performing essential critical functions. Such information will he kept confidential and only used to protect YPD and YPD responders from unnecessary exposure to ll}. Respondent has refused, and continues to refuse, to provide the necessary information to Petitioner, which needlessly exposes and endangers the City?s ?rst responders, their and cewvorkers, and will jeopardize the City?s ability to provide critical lifesaving emergency services. This special action is necessary to obtain an emergency order to compel Respondent to provide this critical and necessary information to and concerning, individuals that have tested positive for PARTIES St JURISDICTION 12. Petitioner incorporates and re?alleges all of the allegations contained in Paragraphs 1 through 9 above as if fully set forth herein. 13. Petitioner the City of Yuma ex rel. Steve In', the Fire Chief of the City oi ?r?unta and Susan M. Smith, the Police Chief of the City of ?r?tlma, is a municipal corporation within the State of Arizona, County of Turns. 14. Respondent Yuma County ex rel. Diana lGomez, the Director of the ?r'Luna County Public Health Services District, is a political subdivision ol?the State of ariaona. 15. Petitioner brings this action and invokes the jurisdiction of this Court pursuant to ARE. 35?65] or sea. Communicable Disease information, A.R.S. 12- 1331 er seq. the Uniform Declaratory Judgment Act, and r?t.R.S. l2?lilill or sea. for Injunctions. 16. The acts from which this case arises occurred and continue to occur within the City of Yuma and Yuma County, r?triaona and within the jurisdiction of this Court. ?v?cnuc is therefore proper in Tunis County. Page 3 of I I EU El 22 23 24 25 Eti- 27' ill Jill Pursuant to Administrative No. 2?2?wdl (??Ctrder judicial review of public health emergency orders and related matters has been assigned to the Honorable Roger A. Nelson. 13. This Court has jurisdiction over the parties and subject matter of this lawsuit- CHUNT CINE [Issuance of Emergency for the Disclosure of Communicable Disease Related Information) Petitioner incorporates and re-alleges all of the allegations contained in Paragraphs 1 through 13 above as if fully set forth herein. 2t}. Cm January 3i}, Edit], the World Health Organisation declared a Public Health Emergency of International Concern related to the outbreak and on March 11, 2121213. WHD officially declared the outbreak a pandemic. 21. March 13, E?Etl. the ?r?uma County Chairman of the Board of Supervisors declared an emergency to address stating that poses a serious public health threat for infectious disease spread to Yuma County residents and visitors if proper precautions recommended by public health are not lbllowed." See Exhibit 1. 22. The novel coronavirus responsible for the illness has led to a global pandemic. According to the WHU and Center For Disease Control websites, as of March Till, Edit}. at least people worldwide have been diagnosed with 9, including approximately people in the United States with either presumptive positive or confirmed cases. at least 33,0tlt} people have died as a result oi El worldwide. including at least 2,405 in the United States. 23. The virus is transmitted through droplets and on contaminated surfaces. and possibly also airborne transmission. The average incubation period [time From infection to has generally been reported to be around ?ve days. Both and people can transmit the virus. 24. Dutcomcs from vary from infection to death. In the highest risk populations, the fatality rate is about 15 pcoeent - moaning about one call Page :1 of I Ell] El 21 13 15 211i 2? 21'! 25? 3ft at every seven people in this greup whe eentraet the illness will die. An even higher percentage will suffer serietts illness. 25. These whe tie net die may eaperienee leng-term harm. {JIIJ?v'l?ulEi ean severely damage lung tissue, whieh requires an extensive peried ef rehabilitation, and in same eases, ean eause a permanent less ei'respiratery eapaeity. 26. There is he appreved and available vaeeine te prevent {IUYlel 9. There is ne itnewn eure er anti-viral treattnent fer at this titne. The enIy way te preteet peeple is te prevent them {rem being in?ected with 9. ?it. preventing ini'eatien eurrently requires steps stteh as ?seeial distaneing? {remaining physieally separated frem ether peeple by at least sis feet. and aveiding the use ef shared ebjeets and surlaees} and vigilant hygiene tsueh as Frequently washing er sanitizing the hands}. Distaneing must befere individuals display as they may be eentagieus befere they are 29. Te rednee the spread at infeetien, state and federal gevernmems have undertaken extraerdinary measures te separate peepie and limit their interaetiens. 3t}. {in Mareh 11, 202i}, Dueey issued Executive {Strder SIDED-HT, a state-wide Deelaratien ef Emergeney in eenneetien with the eutbreak, declaring that peses a serieus publie health threat ii' preeautiens by health are net [etlewed and that and apprepriate aetiens are required te ensure the spread 9 is eentrelled and that the residents ef r'triaena remain safe and healthy. 31. Pursuant te Artieie ?v?It, Seetien 2(a) efthe Yuma City Charter and the titty ef Yuma Emergeney Uperatiens Plan adapted by City ISeuneil Reselutien He. R2019- 034, en Mareh IS, ZDED, Mayer Hiehells issued a Preelamatien ef Hmergeney, deelaring a state ef ieeal emergeney in eenneetien with the eutbreak. 32. (in er abeut I'vlareh EDED, Yuma Ceunty identified the ?rst pesitive eases el' in Yuma C?tlt?tiy and as ei Friday, Mareh 27". Etilti, Yuma Ceunty had identi?ed ieur pesitive eases e1" in Yuma Ceunty. In just a few days. the number tripled and new, as at" Tuesday, Mamh 31, 2020, Yuma lCeunty has identified twelve pesitive eases 9 in Yuma lCeunty. Page 5 efl 12 23 2