KUTV/Utah media appeal denied records requests of 2 businesses linked to COVID-19 outbreak

(KUTV) — In response to denied requests for public records, a letter has been sent to Utah County elected officials to reveal the businesses that "blatantly disregarded directives and best practices designed to reduce the risk of COVID-19 infection."

Attorney Michael O'Brien wrote the letter as a legal representative of KUTV 2News, FOX 13, The Salt Lake Tribune, the Provo Daily Herald and the Deseret News as an appeal to denied Utah Government Records Access and Management Act (GRAMA) records requests.

KUTV, and the other media outlets, want to know the identity of two Utah County businesses that allegedly violated health guidelines by demanding their employees work even if they had symptoms of COVID-19, which resulted in an estimated 68 positive cases.

O'Brien stated in the letter:

If the County is concerned that some requested records that identify business names also identify the names of individual employees, GRAMA resolves that concern, too. Because Utah Code 26-6-27 protects infected individuals, and not the reckless employer who facilitated the infection,...

Click here to read the entire letter.

The two unidentified businesses were condemned by the Utah County Commission that issued a statement on May 4, 2020. That statement said that nearly half of all employees at one of the businesses ended up getting infected with the coronavirus. The health department reported that it performed contact tracing at the businesses and none of them employed staff who engaged directly with the public, and thus, the name of the business would not be made public.

The letter also points out that Utah County is already investigating Built Brands, which is being sued by a woman who claims the company "knowingly, intentionally, and recklessly" operated in a way that exposed her and others to coronavirus.

The suit, filed in Fourth District Court last week, claims Juana Victoria Flores contracted coronavirus while working on the production lines of Built Brands, LLC. in American Fork. The company manufactures and sells protein bars and nutritional supplements — "Built Bar" and "Built Boost."

O'Brien wrote that fulfilling the GRAMA requests would enable the public to protect themselves and gave the example of restaurant inspections being made public so people can take measures to stay safe. He went on to state that the records requests appeal would be pursued "to the fullest extent possible to resolve this dispute and to set precedent for future similar circumstances."