Brother/Sister,

Attached you wil find the District Court's Decision favoring Kuna in the lawsuit vs. Ada County EMS. Here is a little narrative from Alan Herzfeld for the readers digest version.

Fraternally,

Tom Lovell

A favorable decision was issued last Friday in the Kuna v. Ada County case. The decision is somewhat
rambling, but boiled to its essence the Court shoots down the Ordinance
for three reasons: 1) because any authority by the County to regulate
ambulance service within the District was withdrawn by the Legislature
by virtue of the Fire District statutes; 2) because, by virtue of
Article XII, Section 2 of the Idaho Constitution, the County's
regulations are applicable only to the areas controlled by the County,
and the County is not authorized by Article XII, Section 2 or by the
Ambulance Service statutes to regulate the provision of ambulance
services by cities or other duly authorized districts within the County;
and 3) because the ordinance violates Article XII, Section 2 since it is
in conflict with the State EMS laws, which "authorizes all persons
certified by the department to perform such acts as shall be established
by the Idaho Emergency Medical Services Physician Commission."  ("To the
extent that Ordinance 647 purports to impose additional or higher
standards on certified personnel, it clearly violates that law and is
invalid under Article XII, Section 2.")
 
The Court's second and third reasons should apply equally to the City,
and the third reason should cover the Union's situation as a private
provider licensed by State EMS.  So things look pretty good for our
lawsuit, as well, at the moment.  Of course, it would not be surprising
for the County to appeal the District Court decision.
 
Counsel for the City, Meridian and the Union will be phone conferencing
tomorrow morning about the decision and future strategy.  We'll keep you
advised. 

ACEMS Ordinance Decision Kuna.pdf