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Ilsa-tassel"

C3 ltd, 

IN THE SUPERIGR CDURT 0F THE STATE DF ARJEDNA
IN AND FDR THE DF YUMA

CITY OF EMA rel. STEVE IRR in his Case No; Sl4??CV262il??El4

official capacityr as Fire Chief, and SUSAN M. 1
in her official capacity as Chiefof 

Police, an Miaona municipal corporation, 0F c?vmqp
ilisv
t. - i ?6 
v. Reseounsas

WA COUNTY eat rel. DIANA GUMEE, in
her official capacity as Director of the Yuma
County Public Health Services District, a
political subdivision of the State of miaona,

Respondent.

 

 

The Court having reviewed and fully considered all of the allegations in City of
Yuma?s Application for Temporarv Restraining Order and Drder to Show Cause {With
Notice) and Application for il'reliminarjvr Injunction, the Memorandum in support of said
Application, submitted on behalf Steven Irr, Cit}r of Yuma Fire Chief and Susan M.
Smith. Chief of Police, as well as the arguments and positions of the parties and their
counsel during the emergencyr hearing on April 3, 2626, and the Court being fullyr advised
in the premises, the Court ?nds as follows:

1. ARE. 36-665 applies to this case and operates to provide the requested

remedj.r sought by Petitioner.

Page 1 of 4

 

2Petitioner has established that a elear and imminent danger exists to its first?
responders and the publie and thus Petitioner has met the burden under ARE. 
tid?t?lijtj?j.

3. The imminent danger and rislr requires an immediate order and notiee to
individuals about whom inibnnation is sought and provided is not reasonable under the
eireumstanees.

4. The outbreak and spread of the virus is an ongoing erisis
throughout the ?t?nma eommunity, throughout the State of Ariaona, throughout the United
States and throughout the world.

5. Based on the Applieation and eoinmon knowledge: is a highly
eontagious disease that is spreading quieldy throughout the world, throughout the 'r'uma
eommunity and is dangerous,

For people who get the mortality rate is high.

Communities throughout the State of r'trirena and the United States are
being overwhelmed by the number of people eontraeting the {ItiWIlJ-lil virus and
hospitals are not able to provide eare.

S. Petitioner's first responders are in imminent danger ofeontraeting CUUID
19 beeause of their interaetions with the eommunity.

9. Having prior knowledge of the name and address of individuals who migh
have the virus or who have tested positive for BEND-19 is very useful to
?rst responders in helping them avoid eontraeting the virus.

it]. health information is eonfidential and must he protested and
disseminated in a way to make it the least intrusive or less broadly disseminated.

l. The name and address of individuals who have tested positive and who are
pending test results for COVIDIS are relevant and for Petitioner?s ?rst
responders.

12. An order from this Court. requiring the immediate issuanee ol? (SQUID-19
health information to Petitioner would not be a hardship to Respondent at this time.

13. Respondent has not breaehed its obligations at this time, however, there is

an immediate need for the requested information to be diselosed to Petitioner.

Page 1 of 4

 

HEREBY ADJUDGHD AND DECREED thati
until the Geverner ef the State ef Ariaena reseinds his state-wide Deelaratien ef
Emergeney in eenneetien with the euthreak, that the Direeter ef the Yuma
Ceunty Pu'elie Health Serviees IJistriet (?Respendent?) shall immediately and witheut
delay, but in an event net less than 24 heurs. previde Petitiener?s Fire Department and
Department with the names and addresses [hr persens whe have tested pesitive i'er


IS FURTl-iliiR ORDERED that Respendent shall immediately and witheet
delay, but in an event net less than 24 hears. previde Petitiener's Fire Department and
l?eliee Department with the names anti addresses fer persens whe have pending test
results the eaves-is, tn the extend Respendent has this infannatien.

1T 15 ORDERED that as negative test results are en a
weekly basis the names and addresses hi the peepie testing negative shall he deleted i'rem
Petitiener?s list ef CDVIDJQ ini'ermatien.

IS FURTHER that all infermatien diseiesed te
Petitiener shall remain and he kept een?dentiai and enly available te Petitiener?s
emergeney dispatehers and first respender supervisers.

IT [5 FURTHER that he names will he eenveyed er hreadeast ever
radie transmissiens and apprepriate preteetive measures shall he implemented in eenvey

the required infermatien and the same shall net be disseminated heyend the purpese at

this (killer.

DATED this day ef April, REED.

jrah avid M. Haws
l?r? ledge

Page 3 et'd

 

Cmpica' nf the fnr?gnin?l
placed in [he balms MI: I: fallnwing
lbia i day nf ?ea In:

 

Edward Dapuly [?aunty Anni-nu};
Eales, Assistant Cit}r Attorney

LYNN FAKE, Ciark uf'the Supari?r Court
Deputy Clerk

l' 

 

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