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NEWS
GILBERT SUN NEWS | DECEMBER 26, 2021
State will help parents’ challenges to quarantines f your child is sent home to quarantine when school resumes because of possible exposure to COVID, you have the right to challenge that in court. And the state even will pay for your lawyer. That bit of information comes because state Sen. Kelly Townsend, R-Mesa, decided to ask Attorney General Mark Brnovich about a section of the state Health Code that gives state and county health officials various powers during a state of emergency. And one of them specifically allows those agencies to “require isolation or quarantine of any person.’’ Townsend has never been a fan of those powers. What got Townsend’s attention is that county health departments were delegating the power to quarantine to individual school districts. And she said that has been happening with schools sending children home to quarantine if they believe the youngsters had been exposed to the COVID virus. Most East Valley school districts, including Kyrene and Tempe Union, have had those same quarantine rules since students returned for in-person learning. “There’s a lot of angry parents out there,’’ Townsend told Capitol Media Services. She said a kid would go home for 10
In some cases, she said, schools would allow for online learning. But not always. “They had kids missing large swaths of school from an arbitrary, random, unknown exposure that they didn’t establish,’’ Townsend said. “And now the child is missing a large amount of education.’’ Hence, her request to Brnovich to find out what parents can do about it. As it turns out, they can fight it, with the state picking up the legal tab. Brnovich, in a new formal legal opinion, said there is a provision in the law that does allow for immediate quarantine or isolation without a court order when “any delay... would pose an immediate and serious threat to the public health.’’ What is at issue is that local State Sen. Kelly Townsend, R-Mesa, is urging parents health departments are authowhose students are quarantined to take advantage of rizing schools to issue isolation free legal help from the state to challenge such actions orders. by school districts. (Capitol Media Services) In Maricopa County, for example, Brnovich said the health officials told schools that students who days as ordered. “And they’d immediately get turned come into “close contact’’ with an indiaround and go home again for another vidual who tests positive for the virus 10 days because a different kid was in are required to quarantine at home for the classroom,’’ Townsend continued. 10 days. That phrase is defined as being “And they wouldn’t tell them which child within 6 feet of someone with COVID-19 they had been exposed to, just ‘Your for more than 15 minutes over a 24hour period. child’s been exposed.’ ‘’
There are exceptions if both students were using fitted masks or if the exposed student is vaccinated or has previously tested positive within the prior 90 days. Brnovich said Arizona law requires health officials to seek a court order within 10 days after imposing the quarantine, with the agency required to prove that the isolation or quarantine is “reasonably necessary to protect the public health.’’ But the attorney general’s opinion said those affected don’t have to wait that long. He pointed out that anyone who is ordered isolated or quarantined can go to court to demand to be released from the restrictions. And Brnovich said the court must hold a hearing within 24 hours and issue a decision within 48 hours. There also are provisions in law for those ordered quarantined to seek a court order protesting the conditions imposed. Brnovich said anyone who seeks judicial relief is entitled to have a lawyer appointed, with the state picking up the tab. And that legal representation “continues throughout the duration of the isolation or quarantine of the person.’’ Townsend said she believes Ducey overreacted with the restrictions he put in place due to the pandemic, like closing down all bars and restaurants simply because some establishment had acted recklessly and allowed unmasked customers to pack the facilities.
the state as required or that they collected signatures before registering. These also are claims that some of the registration forms are missing required information like providing a full address. Any of those would disqualify all the signatures those circulators collected, possibly leaving the petition drive short of the 118,823 valid signatures necessary to force a public vote. Other claims include issues of handwriting irregularities and missing dates or addresses of those who have signed the petitions.
this month from arguing a case against the regents and Arizona State University based on the complaint. Penley’s complaint said, “Over the past two years, Brnovich has mounted a litigation and media campaign against the board and Arizona’s public universities,’’ Penley wrote. “He has done so despite representing the Board of Regents and the universities in numerous pending lawsuits,’’ the complaint states. “And he has done so without seeking ABOR’s consent to the conflict and in fact over our repeated
“He has falsely claimed that he talked to ABOR before making these accusations,’’ Penley continued. “And he insists that ABOR is not his client with respect to COVID-19 matters, even though his office is charged by statute with representing ABOR in any pandemic-related tort, employment or other covered risk management claims.’’ A spokesman for Brnovich, who is running to be the Republican nominee for U.S. Senate in 2022, said he is precluded from responding publicly to the State Bar complaint.
BY HOWARD FISCHER Capitol Media Services
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objections to his breach of his fundamental duty of loyalty.’’ There also were what Penley called “mocking comments’’ in emails sent to ASU President Michael Crow and insults like calling board members “gimmicky yobs’’ and “ivory tower cake eaters.’’ “Most recently, Mr. Brnovich has taken to radio and social media to demand, with no factual basis, that his own clients, ABOR and ASU, be held ‘accountable’ for their ‘reckless’ and ‘irresponsible’ handling of the COVID-19 pandemic,’’ Penley told the State Bar.
