ICYMI: Utah AG In the News

Friday, April 19, 2019

Welcome to the weekend, Utah.
Its been a great week with lots going on and we don’t want you to miss a single thing. Below are a few highlights of our team working to protect and keep all Utahns safe.

Utah opioid overdose deaths are down thanks to Utah Naloxone and its founder, Dr. Jennifer Plumb, who is part of the Utah Opioid Task Force, co-chaired by Attorney General Sean D. Reyes along with U.S. Senator Mike Lee, and DEA District Agent-in-Charge Brian Besser.
For more on the story, see St. George News: Utah Naloxone credited with reducing opioid overdose deaths.

The Children’s Justice Center Program, part of the Utah Attorney General’s Office, participated in this year’s planting of pinwheels in honor of Child Abuse Prevention Month up at Primary Children’s Hospital.
Check out KSL.com’s article: ‘It is preventable’: Utah children’s hospital honors child abuse victims for more information.

Thanks to the great work of Assistant AG Jacob Fordham, some of the most vulnerable in our communities are a bit safer.
Standard-Examiner: Ex-nurse’s aide sentenced to jail for abusing elderly assisted living patients

The Utah Attorney General’s Office is once again partnering with FanX Salt Lake Comic Convention to provide a 24/7 harassment hotline, sending a clear message to participants that bullying, abuse, assault, and harassment of any kind will not be tolerated.
Watch coverage on KUTV below:

Utah! Take back your unused drugs on April 27th

Friday, April 19, 2019

The Utah Attorney General’s office encourages Utahns to prevent pill abuse and theft by ridding homes of potentially dangerous expired, unused, and unwanted prescription drugs.

Utah Take Back, sponsored by the U.S. Drug Enforcement Administration, provides the opportunity to dispose of unused prescriptions on Saturday, April 27, from 10 a.m. to 2 p.m. at locations statewide.

Find a take-back site near you at www.utahtakeback.org.

The service is free and anonymous, no questions asked. Additionally, eco-friendly reclamation bags donated at no cost to the state will be available for distribution from take-back locations.

The following items can be returned:

prescription medicines;
over the counter medicines;
vitamins;
pet medication;
medicated ointments and lotions;
inhalers;
liquid medicines in glass or leak-proof containers (up to 12 oz); and
medicine samples.

The following items are not returnable:

needles, lancets, or syringes;
thermometers;
aerosol cans;
empty containers;
bloody or infectious waste;
personal care products (i.e. non-medicated shampoo);
hydrogen peroxide; and
business waste.

For advice on the safe disposal of these items, contact your pharmacist, local health department, or call 1-800-RECYCLE (1-800-732-9235).

State of Utah agrees to delay enforcement of HB 136 pending constitutional challenge

FOR IMMEDIATE RELEASE
April 18, 2019

STATE OF UTAH AGREES TO DELAY ENFORCEMENT OF HB 136 PENDING CONSTITUTIONAL CHALLENGE

SALT LAKE CITY – Today, the Utah Attorney General’s office agreed to delay the enforcement of HB 136 pending the outcome of the litigation over the new law’s constitutionality.

In the motion presented to the court and plaintiff today, the state says in part:

The Plaintiff and State Defendants acknowledge and agree that this case raises important questions that deserve thoughtful and careful consideration. To that end, and without admission of wrongdoing or constitutional violation by State Defendants, the Plaintiff and State Defendants stipulate and agree to the entry of a preliminary injunction by which State Defendants are enjoined from enforcing HB 136 during the pendency of this litigation until Plaintiff’s claim is resolved by this Court through trial on the merits or other dispositive order.

The case will proceed as scheduled with a status hearing in Judge Clark Waddoup’s U.S. District courtroom Thursday, April 18, at 2:30 pm.

HB 136 passed the 2019 Utah Legislature with a supermajority and signed into law by Governor Gary Herbert shortly after.

Utah Attorney General Sean Reyes issued the following statement:

Since we expect this case or one like it to be elevated to the United States Supreme Court, this injunction lets both the State and the Plaintiffs carefully and thoughtfully build factual records in support of their positions. In the process, we look forward to vigorously defending HB 136 and explaining why it constitutionally protects the most vulnerable among us. The passion and conviction this case creates on both sides of the matter is not surprising. The issues here are deeply personal and some of the most pressing our society faces. Besides presenting questions about the fundamental right of the unborn to life, liberty and the pursuit of happiness, as well as the health and safety of the mother and her rights, the case raises important questions about governmental power and the proper role of courts. We, therefore, take the Plaintiff’s legal challenge extremely seriously. These questions are fundamental to who we are—and what we stand for as Americans.

# # #

NOTES:
1. The preliminary injunction can be found here: https://attorneygeneral.utah.gov/wp-content/uploads/2019/04/Stipulated-Preliminary-Injunction-4-18-19-5.pdf.

2. A copy of the motion filed can be found here: https://attorneygeneral.utah.gov/wp-content/uploads/2019/04/Joint-motion-for-stipulated-preliminary-injunction-4-18-19-5.pdf.

3. You can read HB 136 Abortion Amendments here: https://le.utah.gov/~2019/bills/static/HB0136.html.

Harassment at FanX? Report It

Thursday, April 18, 2019

The Utah Attorney General’s Office is proud to partner with FanX Salt Lake Comic Convention to provide a 24/7 harassment hotline. Together, we hope to send a clear message to participants that bullying, abuse, assault, or harassment of any kind will not be tolerated.

HARASSMENT HOTLINE: 1-833-OUR-FANX (687-3269)

Courtesy of FanX:

How to Report an Incident
Persons finding themselves in a situation where they feel targeted or where their safety is at risk or who become aware of an attendee or guest not in compliance with this policy should immediately locate the nearest volunteer or information booth, security personnel, or FanX® staff member that can direct you to the FanX® office located in Room 150A.

Note: FanX® staff members will be wearing identifying badges that say“Event Staff”. Volunteer Managers and Room Captains (Volunteers) will be wearing identifying t-shirts. Security will be dressed in black FanX® branded t-shirts. Convention staff can be identified by t-shirts/special badges/headsets.

For more information, please visit the FanX FAQ Policies portion of their website: https://fanxsaltlake.zendesk.com/hc/en-us/articles/360004136514.

The AG’s Office applauds FanX and their efforts to ensure their events are safe and fun for all.

Utah opioid overdose deaths are down, thanks to Utah Naloxone

Part of the Utah Opioid Task Force, co-chaired by Attorney General Sean D. Reyes along with U.S. Senator Mike Lee and DEA District Agent-in-Charge Brian Besser, Utah Naloxone is a game-changer in the fight against opioids in the State of Utah. The Utah Attorney General’s office is proud of the work Utah Naloxone co-founder, Dr. Jennifer Plumb, has accomplished and is privileged to partner with her and her organization as we address the opioid epidemic in our great state.

For Immediate Release

UTAH NALOXONE REACHES MAJOR MILESTONE

SALT LAKE CITY – More than 3,000 people in Utah have a second chance at life thanks to the efforts of Utah Naloxone. All of these individuals were given the medication naloxone (Narcan) during an opioid overdose by a non-medical layperson around them. Naloxone reverses an opioid overdose if given in time, causing the effects of the opioid to reverse and bringing them back. Opioids include pain pills, heroin, and fentanyl.

All of these life-saving doses were administered by non-medical members of our community who obtained rescue kits from Utah Naloxone or one of its Overdose Outreach Provider partners just for this purpose. The recent reports bringing us to this milestone came from our partners at One Voice
Recovery (OVR) who work across the state of Utah to educate on substance use disorder, work to decrease stigma, as well as to reduce infectious disease transmission and overdose deaths. These direct community partners are a major contributor to saving lives across Utah.

The number of lives saved by naloxone has been attributed as a large part of why Utah is seeing a decline in the number of opioid deaths. We were one of only seven states in 2017 where the death rate is going down. And as the number of people who are surviving an opioid overdose and making it to an emergency room for care is rising – almost doubling from 2015 to 2017 (1.5/10,000 in 2015 to 2.8/10,000 in 2017). People are saving lives and giving people a chance to survive to make it to an ER which alters outcomes for our state.

There is still work to be done. Overdose is still the leading cause of injury death in the state, and Utah still is among states with a high rate of overdose deaths. If you or someone you know is taking opioids you should have Naloxone on hand in case of an overdose. Naloxone kits are available through Utah Naloxone. It is legal to possess the drug, and legal to administer it if you suspect someone is overdosing on opioids. For more information go to UtahNaloxone.org.

CONTACTS:
Jennifer Plumb, MD, MPH
Medical Director, Utah Naloxone
801-232-5410 801-696-1139
UtahNaloxone@gmail.com

Patrick Rezac
Executive Director, One Voice Recovery
801-696-1139
OneVoiceRecovery@gmail.com

Yesterday, Utah Attorney General’s office Special Agents and staff were trained on how to administer Naloxone in the field by Dr. Jennifer Plumb. Check out the photos below:

[Show thumbnails]

Utah AG: Best of State 2018

The Utah Attorney General’s Office found itself the proud recipient of multiple Best of State awards this year. Those in the Utah AG’s office work hard to uphold the Constitution, enforce the law, and protect the interests of Utah and its people. Our sincere thanks to all those who give their time and energy to help make our office the Best of State.

The Best of State Awards recognize outstanding individuals, organizations and businesses in Utah. More than 100 judges review the nominations and determine the winners based on achievement in the field of endeavor, innovation or creativity in approaches, techniques, methods or processes, and contribution to the quality of life in Utah.

See below for a complete list of the AG’s Best of State 2018 awards.

Elected State Official: Utah Attorney General Sean D. Reyes

Military Personnel/Unit: Utah@EASE

Public Safety: Investigations Division, Utah AGO

Public Works: Utah Opioid Task Force

Public/Private Partnership: The Utah Children’s Justice Center Program

Publication: Utah AGO White Collar Crime Offender Registry

State Agency/Office: Utah Attorney General’s Office

Victim Advocacy: Attorney General Sean Reyes

Web-based Community Resource: The SafeUT App

The Utah AGO nominated DEA District-Agent-in-Charge Brian Besser for the following award due to his relentless work in combatting the opioid epidemic that has hit Utah both in the metro and rural areas. We are privileged to call him a partner, colleague, and friend.

Public Safety Officer: DEA District-Agent-in-Charge Brian Besser

The SafeUT app: together we make a difference

Originally created in 2015 to address the rise of teen suicide in the state, the use of the SafeUT app continues to be an effective way for students to connect with someone who can help. In addition, the ability to send anonymous tips adds one more layer of safety to our schools.

The number of students reaching out increases every year and 2018 experienced the highest rate of use yet.

534 potential school threat tips
218 tips about students with guns
175 tips about planned school attacks
68 tips about “weapons”
61 tips about knives
12 tips about explosives

Additionally, between July of 2017 and October of 2018, clinicians responded to over 1,500 tips or conversations from students who were considering taking their own lives.

For more on the SafeUT app and its impact in Utah, check out Chris Jones’ article from KUTV: SafeUT app is saving lives daily; 1,500 tips on suicide contemplation in 15 months.

The SafeUT program was developed with funding from the Utah State Legislature in collaboration with the Utah Attorney General’s Office, Utah State Office of Education, Utah Anti-Bullying Coalition, and the University Neuropsychiatric Institute.

The SafeUT App is a statewide service that provides real-time interactions straight from your smartphone. Licensed clinicians, from the University Neuropsychiatric Institute at the University of Utah Health, are available 24/7 to respond to all incoming chats, texts, and calls. They provide support and crisis counseling, suicide prevention, and referral services. Additionally, students can submit confidential tips to school administrators on bullying, threats, or violence.

Visit https://healthcare.utah.edu/uni/safe-ut/ to learn more.

Lawsuit Against EPA Contractors Responsible for Gold King Spill to Proceed

FOR IMMEDIATE RELEASE
March 21, 2019

Lawsuit Against EPA Contractors Responsible for Gold King Spill to Proceed
Federal judge rebuffs effort by EPA’s contractors to escape liability

SALT LAKE CITY – A federal judge rejected efforts by EPA’s contractors to avoid responsibility for their role in causing the Gold King Mine Blowout, a massive spill of three-million gallons of toxic mining waste in August 2015 that contaminated rivers in Colorado, New Mexico and Utah. The companies—Environmental Restoration LLC and Weston Solutions—were EPA’s contractors at the Gold King Mine, who participated in planning and performing the work that triggered the Blowout. Chief Judge William P. Johnson of the U.S. District Court for New Mexico denied the companies’ motions to dismiss lawsuits filed by the states and private parties, rejecting the companies’ arguments that they should not have to pay for the cleanup and environmental damages. The Court granted an uncontested portion of the motion related to claims by New Mexico and Navajo Nation for joint and several liability.

The lawsuits allege that EPA and its contractors caused the Blowout and its release of hazardous waste into the Animas and San Juan Rivers and in Lake Powell, resulting in one of the largest inland pollution events in the nation’s history. The Court rejected the contractor’s arguments to evade responsibility, followed its similar decision on February 29 to deny the EPA’s motion to dismiss.

“The Court’s decision is an important step towards restoring our environment and protecting the communities impacted by the Gold King Mine disaster,” said Utah Governor Gary Herbert. “It’s time for the EPA and its contractors to accept responsibility and do what is right. Instead of wasting time and money on litigation, let’s turn attention and resources to cleaning up the contamination from the blowout.”

“EPA and its contractors must obey the rule of law that the ‘polluter pays’. This lawsuit is about holding them accountable,” said Utah Attorney General Sean D. Reyes. “The impact of their hazardous release may last for generations and cannot simply be abandoned in Utah. If they want to resolve this, they should immediately begin environmental remediation, instead of arguing in court to escape their responsibilities.”

###

NOTES:

1. Chief Judge William P. Johnson of the U.S. District Court for New Mexico Memorandum Opinion and Order: https://attorneygeneral.utah.gov/wp-content/uploads/2019/03/Gold-King-Mine-Contractors-Order-Opinion.pdf

2. Two weeks ago, the Court made a similar ruling when Chief Judge William P. Johnson denied EPA’s request to escape liability for the Gold King Mine Blowout. Read the press release here: https://attorneygeneral.utah.gov/gold-king-lawsuit-to-compel-epa-cleanup-will-proceed/

Read the media coverage below:

Law 360: EPA Contractors Can’t Dodge Suit Over Gold King Mine Spill

Bloomberg News: EPA Contractors Face Cleanup Claims Over Gold King Mine Spill

Navajo Times: EPA’s motion to dismiss Gold King lawsuit denied

An Update from the Utah Opioid Task Force

March 20, 2019

Yesterday, the Utah Opioid Task Force held a meeting to discuss the opioid crisis in Utah and share resources to aid in the battle against addiction and overdose.

The Effect of Opioids on Consumers & Children

Mark Jansen from the University of Utah David Eccles School of Business presented to the Utah Opioid Task Force on the indirect effects opioid abuse has on consumer behavior and finances. Some of the principal unseen effects of the opioid crisis are higher default rates and a raised cost of credit for consumers.

Children are also highly impacted by opioids, addictions, and overdoses. Carrie Jensen from the CJC program and Allison Smith on behalf of Utah Alliance for Drug Endangered Children, presented on the high-risk children are at when their parents are suffering from an addiction to opioids. Every 15 minutes in the U.S., a child is born addicted to opioids. Additionally, not only do children do what they see, but drug-endangered children will struggle throughout their lives with emotional, cognitive, and behavioral problems.

Naloxone Saves Lives

According to the latest statistics from the DEA, there were 4,714 opioid overdoses in 2018. Dr. Jennifer Plumb with Utah Naloxone stated that more people are surviving these overdoses due to Naloxone, prepared emergency rooms, and Utah Department of Health campaigns. Last month, the Task Force joined with the Uintah County Sheriff’s Office to launch an experimental program to supply Naloxone rescue kits to inmates upon release, and their close support network in an effort to increase needed supplies to those most at risk of an overdose.

New Programs

Midvale City Police Chief Randy Thomas and Utah CJC Director Tracey Tabet discussed a pilot program for screening processes that identifies children susceptible to addiction and helps them find help early on.

Attorney General Sean D. Reyes discussed emerging technology that might be used to fight the opioid crisis.

The Utah Opioid Task Force is dedicated to combatting the opioid epidemic in Utah and works in collaboration with groups nationally and across the state to address the effects of opioid addiction. You can help combat the opioid crisis by steering clear of opioids, getting rid of unused meds, reaching out if you or someone you know is suffering from opioid addiction, learning to recognize an overdose, and learning how to use a Naloxone kit. Learn more here.

In the News: Sex Trafficking Victim Speaks Out

March 18, 2019

Last Wednesday, Joseph Moore was sentenced to two terms of five years up to life in prison for sex trafficking a 16-year-old child and exploiting his own adult daughter for prostitution. You can read the full press release here: Man Sentenced to Consecutive Terms of Life in Prison for Sex Trafficking a Child.

Assistant Attorney General Dan Strong had the opportunity to visit with Brittany Johnson of ABC 4 News Friday to discuss sex trafficking and the responsibility adults have to protect and help children.

“Adults throughout society, we have a responsibility to children. If we find a child in a desperate situation that’s having a hard time, it’s our responsibility to help that child. The worst thing you can do is see a child in that position and think, “here’s a way I can make a buck.” And that’s what the defendant did in this case,” said Strong.

If you or someone you know is a victim of sex trafficking, report it to Utah law enforcement at 801-200-3443 or to the National Human Trafficking Hotline at 888-373-7888.

Recent News