HomeMy WebLinkAboutKC 06 - Declaration of Jeff Duchin 1
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DECLARATION OF JEFF DUCHIN - 1
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION
W400 King County Courthouse
516 Third Avenue
Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
BEFORE THE CITY OF RENTON
COMMUNITY AND ECONOMIC DEVELOPMENT
In re the matter of the Appeal by
Renton Hotel Investors, LLC,
Downtown Emergency Services Center,
King County
Appellants.
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Case No. CODE20-000321
DECLARATION OF JEFF DUCHIN
I, Jeff Duchin, declare as follows:
1. I am over eighteen years of age, competent to testify and have personal
knowledge of the matters herein.
2. I am a medical doctor trained in internal medicine, and subspecialty trained in
infectious diseases. I received my medical epidemiology training at the US Centers for Disease
Control and Prevention.
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DECLARATION OF JEFF DUCHIN - 2
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION
W400 King County Courthouse
516 Third Avenue
Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
3. For the past 5 ½ years, I have served as the Local Health Officer for King County
and its county-wide health department, Public Health – Seattle & King County, under the
delegated authority of our Director, Patty Hayes.
4. Since 1998, I have also served as Chief of the Communicable Disease
Epidemiology & Immunization Section of Public Health.
5. Further, I currently sit on the CDC’s Board of Scientific Counselors, Office of
Infectious Diseases, and on the Board of Directors for the Infectious Disease Society of America.
6. As the Local Health Officer, it is my job to take action as necessary to maintain
public health within King County, to control and prevent the spread of any dangerous,
contagious or infectious disease, including COVID-19.
7. The current COVID-19 pandemic is the most serious, complex, and challenging
health problem that I have ever worked on.
8. Since February, I have been leading Public Health’s efforts to develop a county-
wide-strategy to control the spread COVID-19.
9. From the beginning of the COVID-19 epidemic, public health departments across
the country and the CDC have been very concerned about preventing outbreaks among people
experiencing homelessness.
10. Persons experiencing homelessness are a particularly high-risk population for
developing severe COVID-19, and to require hospitalization, because they tend to be less healthy
than the general public, with underlying medical conditions and co-morbidities.
11. People in jails, nursing homes, and long-term care facilities are likewise high
medical risk populations for developing severe COVID-19 and requiring hospital care.
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DECLARATION OF JEFF DUCHIN - 3
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION
W400 King County Courthouse
516 Third Avenue
Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
12. Large numbers of people with severe COVID-19 can overwhelm hospitals, as
occurred previously in Italy, Brazil, and New York, and currently in Florida, Texas and Arizona.
13. When overwhelmed, hospitals are unable to care optimally for people with other
medical needs, while their standard of individual care for the patients they are treating can drop
significantly and patients needing care for chronic conditions as well as preventive care may
defer that care to avoid visiting healthcare facilities.
14. Common methods to control COVID-19 spread (e.g., testing, contact tracing,
physical distancing, and restricting movement) are difficult to implement among persons who are
experiencing homelessness, and stay-at-home orders are impractical.
15. Preventing outbreaks of COVID-19 among the homeless, jail, nursing home, and
long-term care residents is a crucial component of our county-wide strategy.
16. For those residing in congregate homeless shelters, there are additional risks for
contracting COVID-19.
17. Congregate shelters for the homeless are often very densely populated
environments in which COVID-19, or any infectious disease, can quickly spread.
18. Congregate shelters are generally poor environments for controlling the spread of
an outbreak once it begins, because they lack individual rooms, sufficient space for physical
distancing, and sufficient bathrooms to maintain personal hygiene.
19. Once an infectious disease begins to spread within a congregate shelter, it
threatens all of the residents, plus the doctors, nurses, food providers, and other staff who serve
them.
20. Several dozen homeless individuals contracting COVID-19 could cause a major
outbreak.
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DECLARATION OF JEFF DUCHIN - 4
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION
W400 King County Courthouse
516 Third Avenue
Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
21. Therefore, “shelter de-intensification” is a crucial component of our COVID-19
strategy, by which we provide congregate shelter residents, particularly the most vulnerable, with
a safe place to quarantine in a hotel or motel.
22. Hotels and motels are well-suited for disease control because they provide
individual rooms and sufficient bathroom facilities.
23. Use of hotels and motels for quarantine and isolation is an established, traditional
resource public health departments use to prevent the spread of infectious diseases.
24. We at Public Health have previously housed patients in hotels and motels to
prevent the spread of hepatitis A, measles, and tuberculosis.
25. We are now providing hotel and motel rooms for individuals diagnosed with, or at
high risk of contracting COVID-19, who lack a home in which they can safely isolate or
quarantine themselves.
26. Shelter de-intensification is not unique to King County.
27. States and local health departments throughout the nation have similarly moved
congregate shelter residents into safer spaces, including hotels and motels, to prevent the spread
of COVID-19.
28. The Centers for Disease Control & Prevention recommends that local
communities decompress shelters via additional, temporary housing to reduce crowding,
particularly for the highest risk populations.
29. On March 31, as Local Health Officer, I ordered and authorized King County, and
local cities and towns, to implement this shelter de-intensification strategy for reducing the
spread of COVID-19. A true and correct copy is Attachment A to this declaration. My amended
version of the same order is Attachment B.
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DECLARATION OF JEFF DUCHIN - 5
Daniel T. Satterberg, Prosecuting Attorney
CIVIL DIVISION
W400 King County Courthouse
516 Third Avenue
Seattle, Washington 98104
(206) 477-1120/FAX (206) 296-0191
30. The COVID-19 epidemic is not over despite our wishes for normalcy.
31. The number of COVID-19 cases has tripled in King County since mid-June.
32. Transmission has increased and we remain vulnerable to a very serious rebound
and increased hospitalizations and deaths.
33. Shelter de-intensification remains necessary to prevent outbreaks related to the
ongoing spread of COVID-19.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Submitted this 15th day of July 2020 at Seattle, Washington.
______________________________
JEFF DUCHIN, MD
LOCAL HEALTH OFFICER ORDER
WHEREAS, on January 21, 2020, the first case of novel coronavirus (COVID-19) was confirmed in a
person from Washington, who had traveled from China through King County; and
WHEREAS, in late January and early February 2020, Public Health and Emergency Management
officials in King County and from the State of Washington, upon request from the U.S. Centers for
Disease Control and Prevention, planned for an influx of persons returning to the United States from
China, after SeaTac International Airport was designated as one of eleven airports to receive flights from
China; and
WHEREAS, throughout February 2020, the number of cases of COVID-19 increased significantly
within King County and its local cities and towns, with the first COVID-19 related death in the United
States announced on February 29, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee proclaimed a state of emergency within the
State of Washington due to COVID-19; and
WHEREAS, on March 1, 2020, King County Executive Dow Constantine proclaimed a state of
emergency within King County due to COVID-19; and
WHEREAS, local jurisdictions within King County have also issued proclamations of emergency; and
WHEREAS, on March 11, 2020, the World Health Organization declared a state of pandemic due to
COVID-19; and
WHEREAS on March 13, 2020, President Donald Trump declared a National Emergency due to
COVID-19, and on March 22, 2020 a Major Disaster was declared for the State of Washington ; and
WHEREAS, on March 23, 2020, Governor Inslee imposed a “Stay Home – Stay Healthy” Order
throughout Washington State prohibiting all people in Washington State from leaving their homes or
participating in social, spiritual, and recreational gatherings of any kind regardless of the number of
participants, and all non-essential businesses in Washington State from conducting business, until
midnight on April 6, 2020, unless extended beyond that date; and
WHEREAS, the Revised Code of Washington, Title 70.05.070(2)-(3), requires and empowers the local
health officer to take such action as is necessary to maintain health and to control and prevent the spread
of any contagious or infectious diseases within the jurisdiction; and
WHEREAS, the Washington Administrative Code, Title 246-100-036, requires the local health officer,
when necessary, to institute disease control measures, including assessment, quarantine and isolation as
he or she deems necessary based on his or her professional judgment, current standards of practice, and
the best available medical and scientific information; and
ATTACHMENT A
Exhibit No. KC005
WHEREAS, the age, condition, and health of a significant portion of the population of King
County and its local cities and towns places it at risk for serious health complications, including
death, from COVID -19; and
WHEREAS, although most individuals who contract COVID -19 do not become seriously ill,
symptomatic persons, persons with mild symptoms , and asymptomatic persons with COVID -19
may place other vulnerable members of the public at signif icant risk; and
WHEREAS, a large surge in the number of persons with serious infections can compromise the
ability of the regional healthcare system to deliver necessary healthcare to the public; and
WHEREAS, King County and its local cities and towns have a deficit of rental lodging options
suitable for quarantine, isolation, or congregate recovery of certain at -risk populations; and
WHEREAS, currently in King County and its local cities and towns there are numerous individuals who
have been potentially exposed to COVID-19, have been medically advised to voluntarily quarantine, but
cannot quarantine at home due to the presence of a vulnerable individual, or are homeless, or are non-
residents, thus lacking a local home where they can safely do so; and
WHEREAS, currently in King County and its local cities and towns there are numerous individuals who
have COVID-19, have been medically advised to voluntarily isolate, but cannot isolate at home due to
the presence of a vulnerable individual, or are homeless, or are non-residents, thus lacking a local home
where they can safely do so; and
WHEREAS, currently in King County and its local cities and towns, there are numerous individuals
who have mild cases of COVID-19 that do not require hospitalization, have been medically advised to
voluntarily recover in the community but cannot recover at home due to the presence of a vulnerable
individual, or are homeless, or are non-residents, thus lacking a local home where they can safely do so;
and
WHEREAS, this Order will help preserve critical and limited healthcare capacity in King County
and local cities and towns by reducing the spread of COVID -19; and
WHEREAS, since this outbreak started, King County and its local cities and towns have been leading
with innovative strategies to provide solutions so that less ill patients can be discharged from the
hospital to recover from, and individuals in need of quarantine or isolation can limit, the spread of
COVID-19; and
WHEREAS, the federal and State governments asked King County and local cities and towns to develop
non-congregate sheltering capacity for isolation and quarantine of COVID-19 exposed and confirmed
individuals at the very onset of the outbreak; and
WHEREAS, King County and local cities and towns proactively chose and continue to explore non-
congregate sheltering to address the immediate public health and safety needs of individuals who are at
risk, due to public health guidance for individual living spaces, resource availability, infrastructure
requirements, and access needs; and
WHEREAS, King County and local cities and towns determined that the use of non-congregate
sheltering for the affected population is ultimately the best way forward to preserve the health and safety
of the community; and
WHEREAS, King County and local cities and towns may need to take extraordinary lawful measures to
further prevent the spread of COVID-19 among the population, including but not limited to efforts
related to the homeless population, facilities used for and by the public, and behavioral health
interventions, among others;
NOW, THEREFORE, based upon the above facts, the Local Health Officer hereby finds that providing
facilities suitable for isolation, quarantine, or recovery was and remains reasonable and necessary to
address public health needs, specifically to maintain health and to control and prevent the spread of a
contagious and infectious disease throughout King County due to COVID -19; and
THEREFORE, as the Local Health Officer for King County, I hereby ORDER that King County,
through the Executive or his designee, as well as the local cities and towns, are authorized to use legally
available resources, whether owned, leased, rented, gifted, loaned, or otherwise provided, for the
purpose of assessment and temporary quarantine of persons suspected of being infected with COVID -
19, and for the temporary isolation and recovery of persons confirmed to be infected with COVID-19,
and for those enumerated purposes only; and
THEREFORE, as the Local Health Officer for King County, I further hereby ORDER that King County,
through the Executive or his designee, as well as the local cities and towns, are authorized to use legally
available resources to: de-intensify or reduce the density of existing homelessness shelters and
encampments, as well as other essential programs such as food services and sobering centers ; address
hygiene needs of homeless individuals, such as washing, showers, and toilets, and for increased
sanitation services such as garbage removal, pumping out of septic containers, and collection of sharps,
since normal public and non-profit services are closed or have reduced offerings; disinfecting facilities
used for and by the public; and, provide support for services, such as public supportive housing
providers and shelter services, who have had enhanced cleaning needs, personal protective equipment
(PPE), supplies, and staffing needs since their clients are at a higher risk category and need increased
support to understand social distancing, for the purpose of further reducing the spread of COVID -19,
and for those enumerated purposes only; and
THEREFORE, as the Local Health Officer for King County, I further hereby ORDER that King County,
through the Executive or his designee, as well as the local cities and towns, are authorized to use legally
available resources to provide for the behavioral health of the population, as related to the effects of
COVID-19, and for that purpose only.
This Order does not authorize use of those resources as a general quarantine, isolation, and congregate
recovery facility for treating other infectious diseases, such as tuberculosis and hepatitis, or for any other
purpose other than to respond to and mitigate the effects of COVID-19. Neither does this Order
authorize illegal means or behavior.
This Order shall EXPIRE upon determination by the Local Health Officer that there is no longer a need
for assessment and quarantine, and isolation and congregate recovery due to COVID-19.
Signed and ordered this 31st day of March 2020, in Seattle, Washington, by
Jeffrey S. Duchin M.D.
Local Health Officer
Public Health – Seattle & King County
AMENDED LOCAL HEALTH OFFICER ORDER
WHEREAS, on January 21, 2020, the first case of novel coronavirus (COVID-19) was confirmed in a
person from Washington, who had traveled from China through King County; and
WHEREAS, in late January and early February 2020, Public Health and Emergency Management
officials in King County and from the State of Washington, upon request from the U.S. Centers for
Disease Control and Prevention, planned for an influx of persons returning to the United States from
China, after SeaTac International Airport was designated as one of eleven airports to receive flights from
China; and
WHEREAS, throughout February 2020, the number of cases of COVID-19 increased significantly
within King County and its local cities and towns, with the first COVID-19 related death in the United
States announced on February 29, 2020; and
WHEREAS, on February 29, 2020, Governor Jay Inslee proclaimed a state of emergency within the
State of Washington due to COVID-19; and
WHEREAS, on March 1, 2020, King County Executive Dow Constantine proclaimed a state of
emergency within King County due to COVID-19; and
WHEREAS, local jurisdictions within King County have also issued proclamations of emergency; and
WHEREAS, on March 11, 2020, the World Health Organization declared a state of pandemic due to
COVID-19; and
WHEREAS on March 13, 2020, President Donald Trump declared a National Emergency due to
COVID-19, and on March 22, 2020 a Major Disaster was declared for the State of Washington; and
WHEREAS, on March 23, 2020, Governor Inslee imposed a “Stay Home – Stay Healthy” Order
throughout Washington State prohibiting all people in Washington State from leaving their homes or
participating in social, spiritual, and recreational gatherings of any kind regardless of the number of
participants, and all non-essential businesses in Washington State; and
WHEREAS, on May 4, 2020, Governor Inslee extended his “Stay Home – Stay Healthy” order until
midnight on May 31, 2020; and
WHEREAS, the Revised Code of Washington, Title 70.05.070(2)-(3), requires and empowers the local
health officer to take such action as is necessary to maintain health and to control and prevent the spread
of any contagious or infectious diseases within the jurisdiction; and
WHEREAS, the Washington Administrative Code, Title 246-100-036, requires the local health officer,
when necessary, to institute disease control measures, including assessment, quarantine and isolation as
he or she deems necessary based on his or her professional judgment, current standards of practice, and
ATTACHMENT B
Exhibit No. KC006
the best available medical and scientific information; and
WHEREAS, the age, condition, and health of a significant portion of the population of King
County and its local cities and towns places it at risk for serious health complications, including
death, from COVID-19; and
WHEREAS, although most individuals who contract COVID-19 do not become seriously ill,
symptomatic persons, persons with mild symptoms, and asymptomatic persons with COVID-19
may place other vulnerable members of the public at significant risk; and
WHEREAS, a large surge in the number of persons with serious infections can compromise the
ability of the regional healthcare system to deliver necessary healthcare to the public; and
WHEREAS, King County and its local cities and towns have a deficit of rental lodging options
suitable for quarantine, isolation, or congregate recovery of certain at-risk populations; and
WHEREAS, currently in King County and its local cities and towns there are numerous individuals who
have been potentially exposed to COVID-19, have been medically advised to voluntarily quarantine, but
cannot quarantine at home due to the presence of a vulnerable individual, or are homeless, or are non-
residents, thus lacking a local home where they can safely do so; and
WHEREAS, currently in King County and its local cities and towns there are numerous individuals who
have COVID-19, have been medically advised to voluntarily isolate, but cannot isolate at home due to
the presence of a vulnerable individual, or are homeless, or are non-residents, thus lacking a local home
where they can safely do so; and
WHEREAS, currently in King County and its local cities and towns, there are numerous individuals
who have mild cases of COVID-19 that do not require hospitalization, have been medically advised to
voluntarily recover in the community but cannot recover at home due to the presence of a vulnerable
individual, or are homeless, or are non-residents, thus lacking a local home where they can safely do so;
and
WHEREAS, first responders and medical professionals have been and remain particularly at risk of
contracting COVID-19 and their work is critical and essential to controlling the spread of COVID-19 in
King County.
WHEREAS, this Order will help preserve critical and limited healthcare capacity in King County
and local cities and towns by reducing the spread of COVID-19; and
WHEREAS, since this outbreak started, King County and its local cities and towns have been leading
with innovative strategies to provide solutions so that less ill patients can be discharged from the
hospital to recover from, and individuals in need of quarantine or isolation can limit, the spread of
COVID-19; and
WHEREAS, the federal and State governments asked King County and local cities and towns to develop
non-congregate sheltering capacity for isolation and quarantine of COVID-19 exposed and confirmed
individuals at the very onset of the outbreak; and
WHEREAS, King County and local cities and towns proactively chose and continue to explore non-
congregate sheltering to address the immediate public health and safety needs of individuals who are at
risk, due to public health guidance for individual living spaces, resource availability, infrastructure
requirements, and access needs; and
WHEREAS, King County and local cities and towns determined that the use of non-congregate
sheltering for the affected population is ultimately the best way forward to preserve the health and safety
of the community; and
WHEREAS, King County and local cities and towns may need to take extraordinary lawful measures to
further prevent the spread of COVID-19 among the population, including but not limited to efforts
related to the homeless population, first responders, medical professionals, facilities used for and by the
public, and behavioral health interventions, among others;
NOW, THEREFORE, based upon the above facts, the Local Health Officer hereby finds that providing
facilities suitable for isolation, quarantine, or recovery was and remains reasonable and necessary to
address public health needs, specifically to maintain health and to control and prevent the spread of a
contagious and infectious disease throughout King County due to COVID-19; and
THEREFORE, as the Local Health Officer for King County, I hereby ORDER that King County,
through the Executive or his designee, as well as the local cities and towns, are authorized to use legally
available resources, whether owned, leased, rented, gifted, loaned, or otherwise provided, for the
purpose of assessment and temporary quarantine of persons suspected of being infected with COVID -
19, for the temporary isolation and recovery of persons confirmed to be infected with COVID-19, and
for the temporary sheltering of first responders and medical professionals who may come into contact
with persons suspected of being infected or confirmed to be infected with COVID-19, and for those
enumerated purposes only; and
THEREFORE, as the Local Health Officer for King County, I further hereby ORDER that King County,
through the Executive or his designee, as well as the local cities and towns, are authorized to use legally
available resources to: de-intensify or reduce the density of existing homelessness shelters and
encampments, as well as other essential programs such as food services and sobering centers; address
hygiene needs of homeless individuals, such as washing, showers, and toilets, and for increased
sanitation services such as garbage removal, pumping out of septic containers, and collection of sharps,
since normal public and non-profit services are closed or have reduced offerings; disinfecting facilities
used for and by the public; and, provide support for services, such as public supportive housing
providers and shelter services, who have had enhanced cleaning needs, personal protective equipment
(PPE), supplies, and staffing needs since their clients are at a higher risk category and need increased
support to understand social distancing, for the purpose of further reducing the spread of COVID-19,
and for those enumerated purposes only; and
THEREFORE, as the Local Health Officer for King County, I further hereby ORDER that King County,
through the Executive or his designee, as well as the local cities and towns, are authorized to use legally
available resources to provide for the behavioral health of the population, as related to the effects of
COVID-19, and for that purpose only.
This Order does not authorize use of those resources as a general quarantine, isolation, and congregate
recovery facility for treating other infectious diseases, such as tuberculosis and hepatitis, or for any other
purpose other than to respond to and mitigate the effects of COVID-19. Neither does this Order
authorize illegal means or behavior.
This Order shall EXPIRE upon determination by the Local Health Officer that there is no longer a need
for assessment and quarantine, and isolation and congregate recovery due to COVID-19.
Signed and ordered this 20th day of May 2020, in Seattle, Washington, by
____________________________
Dr. Jeff Duchin
Local Health Officer
Public Health – Seattle & King County