CHARLESTON – A member of the House of Delegates is pushing for legislation that would protect teachers, school systems, churches and businesses from frivolous lawsuits related to COVID-19.
Delegate Joshua Higginbotham (R-Putnam) also said he wants the measure – which he is calling the Safer Schools and Churches Act of 2020 – to be considered in a special legislative session as soon as possible. He said he thinks the legislation is necessary to protect essential institutions and organizations from potential Coronavirus-related lawsuits.
“As we push to reopen schools, churches and businesses, we need to protect people who are acting in good faith and following all guidelines from being sued should someone who has used their facilities contract COVID-19,” said Higginbotham, who is Vice-Chairman of the Education Committee and a member of the Small Business and Economic Development Committee.
“At last count, 22 other states have passed an executive order from a governor or bills in their legislatures to do exactly this in the last three or four months," Higginbotham told The West Virginia Record. "It’s red and blue states. Bipartisan. West Virginia needs to be one of those states.”
Higginbotham said he has been working with House and Senate leadership and fellow lawmakers to work on the bill that would provide safe harbor legal protections for organizations and businesses which would shield these groups from potential legal claims.
“We know that while we have guidelines to help reduce the risk of coronavirus spread, these guidelines cannot completely prevent the transmission of this virus,” Higginbotham said. “What this bill would do is protect those groups that are doing their best to follow the latest health guidelines from a lawsuit should someone try to sue them for contracting COVID-19.”
Higginbotham said the bill would not protect businesses or organizations that recklessly disregard guidelines or act in an intentional manner that could result in coronavirus exposure. But it would shield those who are acting in good faith to follow the rules.
“This is not about protecting bad actors from the consequences of their actions,” he said. “This will simply provide comfort and security to people who are doing their best to navigate these uncertain times.
“The intent of this legislation would be for people who follow the governor’s orders. If you’re following his guidelines, you’re protected. If you do not follow those orders – such as not requiring social distancing and masks – you’re open to litigation.
“If you’re following the recommendations and the guidelines, you’re fine. Just follow the freaking guidelines.”
Higginbotham said the legislation is especially as the school year approaches.
“We need to make sure our education institutions, teachers and school professionals are legally protected from civil actions while trying to carry out the duties of their job,” he said. “I hope the governor will be reasonable and see the necessity for this before schools go back September 8. We want him to call us in to pass this bill. County school systems, colleges, universities, businesses are scared.
“While Congress is debating similar protections at the federal level, we need to go ahead and get this put in place at the state level so our people can continue doing their best to get things reopened at the local level. I urge Governor Justice to put this legislation on a special session proclamation as soon as possible.”
