Yuma Judge Orders Disclosure of Those Testing Positive for COVID-19

 

On March 31 at 5:55 p.m. the city attorney of Yuma filed a motion on behalf of the City Fire Chief and the City Police Chief in the Superior Court in Yuma seeking an emergency order, a declaratory judgment, and an injunction to force the Director of the County Department of Public Health to give the names of those who tested positive and who have tests pending to the two agencies.  The first responders argue that they must have the names to respond adequately to calls, to keep their own staff safe, and to know how to triage patients.

On March 19, Yuma had one case of COVID-19.  By March 27 they had 4 and by March 31 they had 12.  The rate was doubling in three days in Italy – in Yuma it tripled in three days.  The motion referred to the Ryan White CARE Act that was passed regarding HIV and has now been updated to include COVID-19 so that in certain circumstances such personal health data can be released.

The attorney also cited A.R.S. §36-665(B)(5) that says:

36-665. Order for disclosure of communicable disease related information

1. An order for disclosure of or a search warrant for communicable disease related information may be issued on an application showing any one of the following:
2. A clear and imminent danger to a person or to public health or a compelling need requiring disclosure of the communicable disease related information.

Section (C ) of the statute requires the file to be sealed to prevent disclosure of names and further proceedings are in camera.   The person whose information is sought can also respond (D) but the court can grant an order without notice or hearing if the danger is clear and imminent (F).

Presiding Judge David Haws held a hearing on April 3 and issued his order on the same day.  He ruled that there was a clear and present danger and that notice to the individuals before the hearing would have been unreasonable.  He ruled that the County Health Department must give the names of those who tested positive and have tests pending to the Police and Fire within 24 hours.  When a test comes back negative, the name is to be removed.

The information is confidential and only to be seen by the emergency dispatchers and first responder supervisors.  Of course the actual responders will know as well since they will be told to suit up. Presumably they are being told to keep it confidential, but that is unlikely to actually occur.

COMPLAINT