MED EXP. v. Evangeline Parish Police Jury

684 So. 2d 359, 1996 WL 681400
CourtSupreme Court of Louisiana
DecidedDecember 30, 1996
Docket96-CA-0543
StatusPublished
Cited by29 cases

This text of 684 So. 2d 359 (MED EXP. v. Evangeline Parish Police Jury) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MED EXP. v. Evangeline Parish Police Jury, 684 So. 2d 359, 1996 WL 681400 (La. 1996).

Opinion

684 So.2d 359 (1996)

MED EXPRESS AMBULANCE SERVICE, INC.
v.
EVANGELINE PARISH POLICY JURY and J. William Pucheu, Evangeline Parish District Attorney.

No. 96-CA-0543.

Supreme Court of Louisiana.

November 25, 1996.
Rehearing Not Considered December 30, 1996.

*361 Richard P. Ieyoub, Attorney General, J. William Pucheu, Ville Platte, Allen Bruce Rozas, for Applicant.

Trent Stuart Brignac, Joffre Wendel Fusilier, Ville Platte, for Respondent.

William J. Doran, Jr., Toni Manning Higginbotham, Baton Rouge, for Police Jury Association of Louisiana Amicus Curiae.

JOHNSON, Justice.[*]

Evangeline Parish Code Art. II, §§ 24-20 through 24-32 set forth a regulatory scheme for ambulance services within Evangeline Parish. Under these provisions, an owner or operator of an ambulance service must obtain a permit from the Evangeline Parish police *362 jury president or his designee to provide services within Evangeline Parish on a parish wide basis. Evangeline Parish Code Art. II, § 24-21. Seven criteria are considered in determining whether a permit will be issued, including whether the applicant has a certificate from the Emergency Medical Service Advisory Board[1] certifying that the "public convenience and necessity" require the proposed ambulance service. Evangeline Parish Code Art. II, § 24-23.

In October of 1994, Med Express Ambulance Service, Inc. (Med Express), a corporation certified by the State of Louisiana to provide emergency and non-emergency medical services,[2] sought to obtain a permit from the Evangeline Parish Police Jury to operate an ambulance service in Evangeline Parish. At the time, all parish wide emergency and nonemergency ambulance services in Evangeline Parish were provided by a single operator, Acadian Ambulance & Air Med Services, Inc. (Acadian Ambulance Service). In January of 1995, the Emergency Medical Service Advisory Board determined that there was no need for additional ambulance services on a parish wide basis in Evangeline parish. As a result, Med Express was not issued a certificate of "public convenience and necessity" by the Emergency Medical Service Advisory Board and, consequently, Med Express was denied a permit by the Police Jury. Subsequently, Med Express reasserted its desire to obtain a permit. The Police Jury did not act on Med Express' second application for a permit because it lacked a certificate from the Emergency Medical Service Advisory Board.[3] In response, Med Express filed a petition for a temporary restraining order and a permanent injunction seeking to enjoin the Police Jury and any other authority from interfering with Med Express' operation of a parish wide ambulance service.[4] Moreover, Med Express sought a declaration that the Police Jury ordinances regulating ambulance service applications were unconstitutional.

The Police Jury filed an exception of nonjoinder of an indispensable party; namely, the Attorney General. The Police Jury maintained that its ordinances were enacted pursuant to La. R.S. 33:4791.1 and that a constitutional challenge of the ordinances was, in fact, a constitutional challenge of La. R.S. 33:4791.1 which required joinder of the Attorney General. After a hearing, the trial judge concluded that La.R.S. 33:4791.1 did not apply[5] to the present matter and, thus, denied the Police Jury's exception.

Shortly thereafter, a second hearing was held and the trial judge granted Med Express' preliminary injunction and ordered the Police Jury to grant Med Express' application for a permit to operate throughout Evangeline Parish. The trial judge held that Evangeline Parish Code Art. II, §§ 24-20 through 24-32, "particularly § 24-22 and § 24-23, are unduly vague and ambiguous and unconstitutional and violative of the Due *363 Process and Equal Protection clauses of both the Federal and State constitutions, and therefore ruled struck down, void, and without effect...." The trial judge reasoned, in part, that the ordinances "prohibit[ed] fair competition" and, therefore, violated the "constitutional right of free enterprise, and equal opportunity to make a living." The Evangeline Parish Police Jury applied to this court for writs. The application was granted and docketed as an appeal.[6]

The issues for our consideration are whether Evangeline Parish code Art. II, §§ 24-20 through 24-32:(1) are unconstitutional under the Equal Protection or Due Process clauses of the federal or state constitution or (2) are unconstitutionally vague.

In Louisiana, when a police jury or local government authority has not adopted a home rule charter or by vote of the electorate been empowered to exercise all powers not denied by statute or the constitution that police jury is a "creature and subordinate political subdivision of the State and as such only possesses those powers conferred by the State's Constitution and statutes." American Waste and Pollution Control Co. v. St. Martin Parish Police Jury, 609 So.2d 201 (La.1992). As a non-home rule charter political subdivision, the Evangeline Parish Police Jury can exercise only those powers expressly granted by the constitution or by the legislature. Under La. R.S. 33:1236(32), the police jury has, among other things, the power to contract for and regulate the operation of ambulance services. La. R.S. 33:4791[7] further defines this power and provides in pertinent part:

A. Notwithstanding any other provision of law to the contrary, the governing authority of each municipality within the state of Louisiana shall have the power to adopt ordinances for the regulation of ambulance service operated by private individuals or companies within the corporate limits of said municipality.

More important to the present inquiry, La. R.S. 33:4791.1 provides in pertinent part:

A. The legislature hereby finds and declares the following:
(1) The provision of consistently high quality emergency medical care, and any and all aspects attendant to ambulance operation to be provided within a medically acceptable response time is essential to the health, safety, and welfare of the state and its people.
(2) Privately operated ambulance services providing patient transportation service or emergency medical services fulfill a vital health and safety need within the state. The operation of such ambulance services operated within the jurisdiction of municipalities and other local governing authorities enables the state to provide the benefits of privately operated, demand-responsive ambulance services to its people.
(3) The economic viability and stability of such privately operated ambulance services are consequently a matter of statewide importance.
(4) The policy of this state is to promote medically acceptable and reliable, privately operated ambulance services, the furnishing of emergency medical services, and any and all aspects attendant to ambulance operations in order to provide the benefits of that service to its citizens. In furtherance of this policy, the legislature recognizes and affirms that the regulation of such privately operated ambulance service is an essential governmental function.
(5) The policy of this state is to provide that municipalities and other local governing authorities may regulate privately operated ambulance services, the furnishing of emergency medical services, and any and all aspects attendant to ambulance operation.

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Bluebook (online)
684 So. 2d 359, 1996 WL 681400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/med-exp-v-evangeline-parish-police-jury-la-1996.