By Howard Fischer | Capitol Media Services via Arizona Capitol Times
The attorney for media outlets told a judge Wednesday that letting the Department of Health Services withhold information about COVID-19 cases elevates the financial interests of long-term care facilities above the public’s right to know — and protect itself.
David Bodney asked Maricopa County Superior Court Judge Christopher Coury to rule that the state agency is picking and choosing what information it wants to release and to whom. He said that’s not permitted by the state Public Records Law.
Attorney Craig Morgan, representing the department and Cara Christ, its director, said the records being sought — the number of cases at COVID-19 at each of the facilities — are not public. He said there are specific state statutes prohibiting the release of any information gathered by the health department as a result of “enhanced surveillance” orders like the one Christ issued to deal with the pandemic.
