The potential exists that OSDH is not disclosing to law enforcement and first responders information permitted to be disclosed under Executive Order 2020-12 and Title 63 O.S. section 6804.  Legal action may be necessary.  I and others are considering Petition for Declaratory Relief and Compulsion.

Anyone know of a particular statute that permits ex parte relief under these circumstances?

Thanks.

Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521

The statutes relating to TROs address the ability to obtain ex parte relief, but generally only apply where you do not know whether the other party has an attorney.  A different rule may apply where the state is involved since the Attorney General may be the agency's attorney as a matter of law.  However, I would think that contacting the AG's office and giving it notice of an intention to present a request for a TRO to a judge would elicit a prompt response (if they are the FH's attorney).  I believe the more important issue will be finding cases that allow a TRO in circumstances where affirmative action is being requested (as opposed to the general office of a TRO to maintain the status quo).  I know that there are cases discussing how enforcement of municipal zoning ordinances is a harm that can be redressed through injunctive relief.  It would make sense that complying with a state law that is meant to preserve health in times of an emergency would similarly be sufficient exigent circumstances to support a TRO because one could argue that complying with the law is the status quo.  I would also think the District Court would expedite consideration.  Biggest hurdle may be finding a case where a court has addressed the issue of whether a state declaration of emergency constitutes a "disclosure required by law" under the HIPAA.

Another thought, is this a matter that the OK Supreme Court might have original jurisdiction?  Might take a look.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 938-9108

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From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Friday, April 3, 2020 3:26 PM
To: oama@lists.imla.org
Subject: [Oama] Compulsion of Executive Order 2020-12

The potential exists that OSDH is not disclosing to law enforcement and first responders information permitted to be disclosed under Executive Order 2020-12 and Title 63 O.S. section 6804.  Legal action may be necessary.  I and others are considering Petition for Declaratory Relief and Compulsion.

Anyone know of a particular statute that permits ex parte relief under these circumstances?

Thanks.

Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521