Symons Emergency Specialties v. City of Riverside (Jan. 9, 2024, E078113) __ Cal.App.5th __ [2024 WL 470492], ordered published Feb. 7, 2024
The Emergency Medical Services System and Prehospital Emergency Medical Care Act (the Act) (Health & Saf. Code, § 1797 et seq.) “precludes cities from regulating the provisions of emergency medical services.” But it has a “grandfathering” provision that allows a city to maintain control of services it operated or contracted for as of June 1980. Under this provision, the city can maintain control of prehospital emergency medical services until it reaches an agreement with the county to provide them. Riverside Municipal Code section 5.66.020 requires persons operating ambulance services originating in the city to first obtain a valid franchise or permit from the city. Symons Emergency Specialties sought declaratory and injunctive relief against the City of Riverside, arguing that its municipal code section does not apply because the Act’s grandfathering provision does not apply. The trial court denied relief, ruling that Symons failed to prove that the city had lost its grandfathered right to regulate ambulance services. Symons appealed.
The Court of Appeal affirmed. First, the court held that substantial evidence, including the testimony of city employees with personal knowledge of the City’s ambulance regulations during that time, supported the court’s finding that emergency ambulance vehicles operating under the pre-June 1980 ordinances provided both emergency and nonemergency services. Although one of the ordinances granting a franchise extension was “formally adopted” after June 1, 1980, the City did not thereby lose its right to regulate such services because it had never entered into a formal agreement with a county or local EMS agency delegating administrative control of ambulance services. Finally, the court rejected Symons’ argument that the city’s ordinance violated antitrust laws because the city complied with the Act when it enacted its ordinances.
