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Ninth Circuit considers lifting ban on two-time felons becoming EMTs in California

Attorneys for a rehabilitated felon who got his life together fighting fires while in prison argued a ban on EMT certification for people with two or more felonies is unconstitutional.

(CN) — A three-judge Ninth Circuit panel appeared skeptical that a California law barring people convicted of multiple felonies from becoming certified as EMTs is unconstitutional. 

“This is the only way the state gets involved,” said U.S. Circuit Judge Mark Bennet, a Donald Trump appointee, noting the Legislature indicated it wanted to prevent those convicted of at least two felonies from obtaining the certification. 

The case involved Dario Gurrola, a man with a troubled background who turned his life around after he began fighting wildfires at a prison camp run by the state of California. Attracted to the discipline and physically gratifying work of firefighting, Gurrola paroled out of prison and began the effort to build a career as a firefighter. 

He passed several firefighting and EMT courses, including a national one, but was unable to receive a certification in California because of his multiple felony convictions. He sued to have the law stricken as unconstitutional but his case was dismissed by a lower court.

Gurrola appealed to the Ninth Circuit.

“These bans are glaringly underinclusive,” said Gurrola's attorney Andrew Ward during a lengthy hearing before a three-judge panel Tuesday afternoon. 

But Lisa Tillman, an attorney arguing for the state, said the bans are in the public interest given that an emergency medical technician is one of the most important roles in public safety and should only be held by individuals who have consistently demonstrated good judgment in their personal and professional lives. 

“Emergency technicians work in exigent circumstances where good judgment is necessary,” she said. 

U.S. Circuit Judge Ryan Nelson, also a Trump appointee, asked if other similar laws that have been struck down include professions where people have access to narcotics. 

Tillman responded in the negative. 

She further argued the Legislature clearly intended that EMT certification should be reserved for those with fewer than two felony convictions and that courts cannot second-guess legislative intent. 

“The Legislature found this scheme to be appropriate,” Tillman said. “Our job is not to second-guess the Legislature as long as there is rational basis.”

Tillman also noted Gurrola does work in the firefighting profession as a seasonal firefighter and there are many career avenues within the discipline that remain open to him — just not work as an EMT. 

But Ward argued Gurrola is being punished for decisions he made when he was trying to escape his hardscrabble youth and that he has turned his life around and deserves the benefit of the doubt. 

“The state can screen for these crimes,” Ward said, arguing that precluding him from certification violates his rights. 

Bennett also asked pointed questions about whether Gurrola could have his record expunged, which would then perhaps allow him to pursue an EMT certification after he has gone through the process. 

Ward said there is some dispute whether an expunged record would allow Gurrola to move forward with the certification process. 

“Old crimes aren’t relevant,” Ward insisted. 

The three-judge panel said they would take the matter under submission. 

U.S. Circuit Judge Ronald Gould, a Bill Clinton appointee, rounded out the panel. 

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Categories / Appeals, Civil Rights, Criminal, Health

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