IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

CITY OF SAN ANTONIO § 

RON NIRENBERG, MAYOR FOR § 

THE CITY OF SAN ANTONIO; § 

ERIK WALSH, CITY MANAGER FOR § 

THE CITY OF SAN ANTONIO; AND § 

DR. COLLEEN BRIDGER, ASSISTANT § 

CITY MANAGER FOR THE § 

CITY OF SAN ANTONIO § 

Plaintiffs, § 

S 

vs. § 

§ 

UNITED STATES OF AMERICA; § 

JOHN F. BASH, UNITED STATES § 

ATTORNEY FOR THE § 

WESTERN OF DISTRICT OF TEXAS § 

WILLIAM P. BARR, ATTORNEY § 

GENERAL OF THE UNITED STATES § 

UNITED STATES DEPARTMENT OF § 

DEFENSE; § 

DEPARTMENT OF HEALTH § 

AND HUMAN SERVICES; § 

ALEX AZAR, SECRETARY OF § 

DEPARTMENT OF HEALTH § 

AND HUMAN SERVICES; § 

CENTER FOR DISEASE CONTROL § 

AND PREVENTION; § 

ROBERT REDFIELD, DIRECTOR OF § 

CENTER FOR DISEASE CONTROL; § 

MARK ESPER, SECRETARY OF § 

DEFENSE; § 

JEROME ADAMS, UNITED STATES § 

SURGEON GENERAL § 

Defendants. § 

FILED 

MAR 0 2 2020 

CLeRK. UpS. DISTRICT CLERK 

WESTERN ISTI(COF TEXAS 

BY I\J4V 

DEPUTY 

A2OCAO2rD5 CIVIL ACTION NO. 

PLAINTIFF CITY OF SAN ANTONIO'S 

EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER 

Plaintiff City of San Antonio's Page 1 And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 1 of 12
TO THE HONORABLE UNITED STATES DISTRICT COURT: 

NOW COME Plaintiffs, CITY OF SAN ANTONIO, RON NIRENBERG, MAYOR FOR 

THE CITY OF SAN ANTONIO; ERIK WALSH, CITY MANAGER FOR THE CITY OF SAN 

ANTONIO; DR. COLLEEN BRIDGER, ASSISTANT CITY MANAGER FOR THE CITY OF 

SAN ANTONIO ("Plaintiffs"), in the above styled and numbered cause and files this its Original 

Complaint and Application for Temporary Restraining Order and would show unto the Court as 

follows: 

I. PARTIES 

1. PLAINTIFF CITY OF SAN ANTONIO ("Plaintiff') is a home rule municipality in the 

State of Texas. 

2. RON NIRENBERG, MAYOR FOR THE CITY OF SAN ANTONIO, is an individual 

residing in the City of San Antonio, Bexar County, Texas. 

3. ERIK WALSH, CITY MANAGER FOR THE CITY OF SAN ANTONIO, is an individual 

residing in the City of San Antonio, Bexar County, Texas. 

4. DR. COLLEEN BRIDGER, ASSISTANT CITY MANAGER FOR THE CITY OF SAN 

ANTONIO, is an individual residing in the City of San Antonio, Bexar County, Texas. 5. Defendant UNITED STATES OF AMERICA may be served with process by delivery a 

copy of the summons and complaint via certified mail to each of the following: 

a. John F. Bash, Esq. United States Attorney for the Western District of Texas, 

b. William P. Barr Esq., Attorney General of the United States, U.S. Department of 

Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, Attn: Civil Process Clerk; 

c. Department of Defense, 1400 Defense Pentagon, Washington, DC 20301-1400. 

Plaintiff City of San Antonio's Page 2 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 2 of 12
d. William P. Barr, Attorney General of the United States Department of 

Defense; 

e. Department Of Health And Human Services; 

f. Alex Azar, Secretary Of Department Of Health And Human Services; 

g. Center For Disease Control And Prevention; 

h. Robert Redfield, Director Of Center For Disease Control; 

i. Mark Esper, Secretary Of Defense; and 

j. Jerome Adams, United States Surgeon General. 

II. JURISDICTION and VENUE 

6. This action is brought pursuant to the 42 U.S.C. § 264 et seq. for equitable relief against 

the United States government to take steps allowed by law to prevent the spread of communicable 

disease by exercising its quarantine authority. 

7. This action arises out of incidents occurring in San Antonio, Bexar County, Texas. San 

Antonio is in the Western District of Texas, San Antonio Division. 

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1402(b) because the incident occurred 

in San Antonio, Bexar County, Texas. 

III. FACTUAL BACKGROUND 

9. In December 2019 a novel coronavirus, now designated COVID-19, was detected in 

Wuhan City, Hubei Province, China. Symptoms of COVID-19 include fever, cough, and shortness 

of breath. Outcomes have ranged from mild to severe illness, and in some cases death. 

10. On January 30, 2020, the World Health Organization Director General declared the 

outbreak of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising 

Plaintiff City of San Antonio's Page 3 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 3 of 12
countries to prepare for the containment, detection, isolation and case management, contact tracing 

and prevention of onward spread of the disease. 

11. United States nationals were transported from Wuhan City, China to several secure 

locations within the United States identified by the Centers for Disease Control and Prevention 

(CDC), including Joint Base San Antonio-Lackland (Lackland) in San Antonio, Texas, in order to 

ensure the health and wellbeing of those persons. 

12. On February 7, 2020, 91 Americans evacuated from Wuhan City, China (Cohort 1) arrived 

at Lackland, with one person diagnosed with the virus and transported to a local hospital. 

13. On February 17, 2020, the Centers for Disease Control evacuated 144 passengers from a 

cruise ship docked in Japan (Cohort 2) to Lackland. 

14. On February 20, 2020, 90 evacuees from Cohort 1 were released from quarantine and 

returned to their homes. 

15. Persons in Cohort 2 that have not exhibited symptoms or have tested negative for the virus 

were originally set to be released from quarantine at Lackland on March 2, 2020. 

16. To date, ten (10) persons evacuated to Lackland have tested positive for the virus and it is 

anticipated that the number of persons diagnosed with the virus is likely to increase, as testing for 

the virus continues. 

17. All persons quarantined at Lackland and transported to local hospitals are in zero-pressure 

facilities and being attended to by staff following established CDC protocols for handling these 

patients in an effort to minimize the potential hazard to the residents of San Antonio and Bexar 

County and beyond." 

18. On Saturday, February 29, 2020, one of the persons in Cohort 1 who had tested positive 

for COVID-19 and subsequently tested negative on two tests was released from quarantine. 

Plaintiff City of San Antonio's Page 4 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 4 of 12
However, this person tested positive for the virus on a third test, with results coming in after her 

release. This person visited a local mall, ate at its food court, and spent a few hours among other 

persons, potentially exposing the public to the virus. 

19. The person has been returned to quarantine at Lackland while the CDC and local health 

authorities are taking steps to ensure the community and the global community at large is kept safe 

and the exposure risk is minimized. 

20. It is necessary to the public health of the residents of San Antonio and surrounding areas 

that those quarantined persons at Lackland remain within the confines of those safe, secure 

facilities during the quarantine period following their exposure to the virus. 

21. Following the release of the person from Cohort 1 and positive test after that release, the 

imminent movement of those quarantined at Lackland by the CDC to other facilities within the 

City limits or transport to the San Antonio International Airport for travel to another secure 

location increases the risks to the residents of the greater San Antonio area, creating a public health 

threat, requiring the City to mitigate the risk of disease and manage the concerns of residents. 

22. The identification of "community spread" cases of COVID- 19 in the United States could 

potentially signal that transmission of the virus may no longer be limited to travel to China, or 

contact with travelers who have visited China. 

IV. STANDARD OF REVIEW 

23. A preliminary injunction is "an extraordinary remedy that may only be awarded upon a 

clear showing that the plaintiff is entitled to such relief." Winter v. Natural Res. Def Council, 555 

U.S. 7, 24 (2008). A plaintiff seeking a preliminary injunction must establish (1) a substantial 

likelihood of success on the merits; (2) a substantial threat of irreparable injury if the injunction is 

not granted; (3) that their substantial injury outweighs the threatened harm to the party whom they 

Plaintiff City of San Antonio's Page 5 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 5 of 12
seek to enjoin; and (4) that granting the preliminary injunction will not disserve the public interest. 

Planned Parenthood Ass'n. of Hidalgo Cty. Tex., Inc. v. Suehs, 692 F.3d 343, 348 (5th Cir. 2012); 

accord Canal Auth. of F/a. v. Callaway, 489 F.2d 567, 572 (5th Cir. 1974). The party seeking the 

preliminary injunction bears the burden of persuasion on all four requirements. Bluefield Water 

Ass'n, Inc. v. City of Starkville, Miss., 577 F.3d 250, 253 (5th Cir. 2009) (emphasis added). A 

plaintiff must establish the same elements for issuance of a permanent injunction. eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006). 

24. The Fifth Circuit applies a "sliding scale" analysis balancing the likelihood of ultimate 

success in the end of the case with the "consequences of immediate irreparable injury that possibly 

could flow from the denial of preliminary relief." Tex. v. Seatrain Int'l., S.A., 518 F.2d 175, 180 

(5th Cir.1975) (citing Klitzman, Klitzman & Gallagher v. Krut, 744 F.2d 955, 958 (3d Cir.1984)). 

Granting an injunction is an "exception rather than the rule," especially considering it is an 

extraordinary remedy. Miss. Power & Light Co. v. United Gas Pipe Line Co., 760 F.2d 618, 621 

(5th Cir. 1985). In this case, there is no question these extraordinary facts require an extraordinary 

remedy. 

25. The City will file a formal complaint as soon as practicable, but the urgency of this situation 

requires emergency relief as the City was placed with these factual circumstances based on the 

unorganized process and procedures for releasing of the evacuees which were already planned, but 

were evidently not proper with the release of an infected evacuee based on lack of communication. 

No other relief is appropriate to prevent the grave risk of serious and irreparable harm to the 

Citizens of San Antonio and across the country as those evacuees travelling can continue to affect 

others to a deadly disease, as acknowledged by Defendants. 

Plaintiff City of San Antonio's Page 6 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 6 of 12
A. Elements of Injunctive Relief 

a. Substantial likelihood that the City will prevail on the merits. 

26. The course of conduct by the Defendants to continue to release the COVID-19 evacuees 

will introduce an extraordinary public health risk to the City as already evidenced with the one 

evacuee who was released, but still was contaminated. The City will likely succeed in at a 

minimum requiring more specific procedures to avoid the incredible public health risk by releasing 

the evacuee into the densely populated are of San Antonio. The City alleges its due process will 

be violated without taking adequate and specific steps to present transmission of COVID- 19 and 

the Defendants will violate the City and the other Plaintiffs substantive and procedural due process 

rights and civil rights.' 

b. There is a substantial threat to the public and Plaintiffs which is 2reater than the 

iniury to the Defendants. 

27. The plan violates the Administrative Procedure Act due to the federal Defendants' failure 

to consult with and incorporate local government in the planning and implementation process, 

and risks imposing a serious burden on the City's emergency services. 

c. There is no question the public interest is served by granting a preliminary 

in junction. 

28. There is no greater interest than the public health, safety and welfare to the citizens of San 

Antonio, and the greater community at large by granting the injunctive relief. 

Municipalities have standing to sue for due process violations. See Gomillion V. Lightfoot, 364 U.S. 339, 344-45 

(1960) (observing that "the Court has never acknowledged that the States have power to do as they will with municipal 

corporations regardless of consequences. Legislative control of municipalities, no less than other state power, lies 

within the scope of relevant limitations imposed by the United States Constitution"). 

Plaintiff City of San Antonio's Page 7 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 7 of 12
REQUEST FOR PRELIMINARY INJUNCTION 

29. Pursuant to Rule 65 of the Federal Rules of Civil Procedure, the City requests the Court 

grant this Preliminary Injunction. 

30. Specifically, the City of San Antonio prays the Court maintain the status quo of the Surgeon 

General's exercise of quarantine authority to protect the health and safety of the residents of San 

Antonio, Texas. 

31. The City of San Antonio prays the Court require three tests for COVID- 19 be required of 

all individuals currently housed under such Orders. 

32. That the Court require Defendants to specifically outline the required protocols prior to 

releasing the individuals under such Orders, between the CDC, the State of Texas, and the City of 

San Antonio, including communication of the results of the three tests no less than 24 hours prior 

to release among all three entities. 

33. The Plaintiffs recognize that due process is required for these individuals, but until we can 

confirm they are indeed negative communicators, they need to continue to be quarantined (thinking 

at least 28 days) before traveling all over the City and then traveling all over the country which 

will cause irreparable harm to the Plaintiffs, let alone the community at large. 

Plaintiff City of San Antonio's Page 8 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 8 of 12
Respectfully submitted, 

DENTON NAVARRO ROCHA BERNAL & ZECH 

A Professional Corporation 

2517 N. Main Avenue 

San Antonio, Texas 78212 

Telephone: (210) 227-3243 

Facsimile: (210) 225-4481 

patrick.hernal@rampage-sa.com 

clarissa.rodri uez(ramDae-sa. corn 

í / Lfl il/I I 

PATRICK C.'BR4AL 

State Bar No. 022Ø750 

CLARISSA M. RIQbRIGUEZ 

State Bar No. 240'6222 

Deborah Lynne Klein 

Deputy City Attorney for 

The City of Antonio 

100. W. Houston Street, Floor 18 

Frost Bank Tower 

San Antonio, Texas 78205 

State Bar No. 11556750 

Deborah. Klein(sanantonio .gov 

Donna K. McElroy 

Dykema 

112 E. Pecan Street, Suite 1800 

San Antonio, Texas 78205 

State Bar No. 13582050 

ATTORNEYS FOR PLAINTIFF 

CITY OF SAN ANTONIO 

Plaintiff City of San Antonio's Page 9 

And Motion for TRO 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 9 of 12
AFFIDAVIT OF MARIO MARTINEZ 

STATE OF TEXAS § 

§ 

COUNTY OF BEXAR § 

BEFORE ME, the undersigned authority, personally appeared Mario Martinez, who, after 

being duly sworn, deposes and says: 

"My name is Mario Martinez. I am over the age of 18, of sound mind, am competent to testify 

and have personal knowledge of the facts contained herein. I am an Assistant Director of the San 

Antonio Metropolitan Health District. 

In December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan City, 

Hubei Province, China. Symptoms of COVID-19 include fever, cough, and shortness of breath. 

Outcomes have ranged from mild to severe illness, and in some cases death. On January 30, 2020, 

the World Health Organization Director General declared the outbreak of COVID- 19 as a Public 

Health Emergency of International Concern (PHEIC), advising countries to prepare for the 

containment, detection, isolation and case management, contact tracing and prevention of onward 

spread of the disease. United States nationals were transported from Wuhan City, China to several 

secure locations within the United States identified by the Centers for Disease Control and 

Prevention (CDC), including Joint Base San Antonio-Lackland (Lackland) in San Antonio, Texas, 

in order to ensure the health and wellbeing of those persons. 

On February 7, 2020, 91 Americans evacuated from Wuhan City, China (Cohort 1) arrived at 

Lackland. On February 11, 2020, one person developed symptoms and transported to a local 

medical center. On February 17, 2020, the Centers for Disease Control evacuated 144 passengers 

from a cruise ship docked in Japan (Cohort 2) to Lackland. On February 20, 2020, 90 evacuees 

from Cohort 1 were released from quarantine and returned to their homes. Persons in Cohort 2 that 

have not exhibited symptoms or have tested negative for the virus were originally set to be released 

from quarantine at Lackland on March 2, 2020. To date, eleven (11) persons evacuated to Lackland 

have tested positive for the virus and two persons are pending test results. All persons quarantined 

at Lackland and transported to a local medical center are in negative-pressure rooms and being 

attended to by staff following established CDC protocols for handling these patients in an effort to 

minimize the potential hazard to the residents of San Antonio and Bexar County. 

On Saturday, February 29, 2020, one bf the persons in Cohort 1 who had tested positive for 

COVID-19, and subsequently tested negative on two tests, was released from quarantine. 

However, this person later tested positive for the virus on a third test, with results coming in after 

her release. This person visited a local mall, ate at its food court, and spent a few hours among 

other persons, potentially exposing the public to the virus. This person has been returned to 

quarantine at a medical center while the local health authorities are taking steps to ensure the 

community is kept safe and the exposure risk is minimized. It is necessary for the public health of 

the residents of San Antonio and surrounding areas that those quarantined persons at Lackland 

remain within the confines of those safe, secure facilities during the quarantine period following 

their exposure to the virus, and until sufficient testing has determined that they do not pose a risk 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 10 of 12
AFFIDAVIT OF MARIO MARTINEZ 

STATE OFTEXAS § 

§ 

COUNTY OF BEXAR § 

BEFORE ME, the undersigned authority, personally appeared Mario Martinez, who, after 

being duly sworn, deposes and says: 

"My name is Mario Martinez. I am over the age of 18, of sound mind, am competent to testify 

and have personal knowledge of the facts contained herein. I am an Assistant Director of the San 

Antonio Metropolitan Health District. 

In December 2019 a novel coronavirus, now designated COVID-19, was detected inWuhan City, 

Hubei Province, China Symptoms of COVID-19 include fevei, cough, and shortness of breath 

Outcomes have ranged from mild to severe illness, and in some cases death. On January 30, 2020, 

the World Health Organization Director General declared the outbreak of COVID-19 as a Public 

Health Emergency of International Concern (PHEIC), advising countries to prepare for the 

containment, detection, isolation and case management, contact tracing and prevention of onward 

spread of the disease United States nationals were tiansported from Wuhan City, China to several 

secure locations within the United States identified by the Centers for Disease Control and 

Prevention (CDC), including Joint Base San Antonio-Lackland (Lackland) in San Antonio, Texas, 

in order to ensure the health and wellbeing of those persons. 

On February 7, 2020, 91 Americans evacuated from Wuhan City, China (Cohort 1) arrived at 

Lackland. On February 11, 2020, one person developed symptoms and transported to a local 

medical center. On February 17, 2020, the Centers for Disease Control evacuated 144 passengers 

from a cruise ship docked in Japan (Cohort 2) to Lackland. On February 20, 2020, 90 evacuees 

from Cohort 1 were released from quarantine and returned to their homes. Persons in Cohort 2 that 

have not exhibited symptoms or have tested negative for the virus were originally set to be released 

from quarantine at Lackland on March 2,2020. To date, eleven (11) persons evacuated to Lackland 

have tested positive for the virus and two persons are pending test results. All persons quarantined 

at Lackland and transported to a local medical center are in negative-pressure rooms and being 

attended to by staff following established CDC protocols for handling these patients in an effort to 

minimize the potential hazard to the residents of San Antonio and Bexar County. 

On Saturday, February 29, 2020, one of the persons in Cohort 1 who had tested positive for 

COVID-19, and subsequently tested negative on two tests, was released from quarantine. 

However, this person later tested positive for the virus on a third test, with results coming in after 

her release. This person visited a local mall, ate at its food cdurt, and spent a few hours among 

other persons, potentially exposing the public to the virus. This person has been returned to 

quarantine at a medical center while the local health authorities are taking steps to ensure the 

community is kept safe and the exposure risk is minimized. It is necessary for the public health of 

the residents of San Antonio and surrounding areas that those quarantined persons at Lackland 

remain within the confines of those safe, secure facilities during the quarantine period following 

their exposure to the virus, and until sufficient testing has determined that they do not pose a risk 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 11 of 12
to the residents of San Antonio, the surrounding area, and I1iow travelers throughout the United 

States. 

The identification of "community spread" cases of COVID-i9 in the United States could 

potentially signal thai transmission of the virus may no longer be limited to travel to China, or 

contact with travelers who have visited China. When coupled with recent local events it is 

imperative that quarantined persons remain at Lacldand until it has been determined that they pose 

no threat of contributing to the spread of COVID- I 9. 

Afflant says nothing further" 

Mario Martinez 

SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, by the said 

Mario Martinez, to certi ly which, witness my hand and seal of office, this 2' day of March, A.D., 

2020 

/\ MARLENAGUAIARDO I Notar Public, State of Texa: 

'b' My Notary JD # 10002560 

Expires t4ovemberl5,2022 - 

Case 5:20-cv-00255-XR Document 1 Filed 03/02/20 Page 12 of 12