CHARLESTON – A West Virginia group committed to protected the 7th Amendment right to jury trial says the state Senate’s COVID-19 immunity bill is too broad and could take away citizens’ rights.
The West Virginia Consumer Protection Alliance also said Senate Bill 277 would “legalize COVID overreach and take away West Virginians' rights to challenge unnecessary restrictions.”
Another statewide legal reform group, however, says the trial attorneys behind the Consumer Protection Alliance “will say or do anything to make sure that they can sue anyone they can to get rich.”
Windom
Scott Windom, chairman of the Consumer Protection Alliance, says the bill legalizes COVID overreach.
“Governor (Jim) Justice and the West Virginia Legislature claim that they want to pass SB 277 to protect state businesses from unfair lawsuits related to COVID, but the bill is so broad that it's going to take away West Virginians' rights and leave us powerless to challenge restrictions and regulations by local government, schools, businesses and churches,” Windom said. “Even when Governor Justice lifts all current mandates, this bill will allow anyone and everyone to just impose their own restrictions, and none of us can do anything about it.
“The bill also goes far beyond COVID, restricting your rights just because an incident occurred during the pandemic. Your child could be injured severely in a car wreck and be in the pediatric unit of the hospital, on a separate floor from COVID patients. The wrong medicine is injected into her IV, and she dies because of the mistake. You cannot file a claim against the hospital. That's wrong.”
The bill, known as the COVID-19 Jobs Protection Act, passed the Senate last week on a 25-9 vote mostly along party lines. The House Judiciary Committee passed the bill February 23, so it's now headed to the full House of Delegates. The bill would be retroactive to January 1, 2020.
Windom says the bill, as proposed would leave citizens “powerless when new restrictions and requirements are imposed on them.”
“Your employer can tell you that you have to get the vaccine and continue to wear a mask or get fired,” Windom said. “Under this proposed bill, there's nothing you can do. You will be at the mercy of your employer. It's your boss's way or the highway.
“We could be forced to wear masks indefinitely. Governor Justice can lift the mask mandate tomorrow, but Dr. Anthony Fauci is saying that we could be wearing masks well into 2022. If SB 277 passes as written, there is nothing to stop any business, school, day care, local government or church from requiring masks even though the state has removed the requirement.
“Your children can be expelled from school just because they're not wearing a mask because the principal still requires it. A preacher can tell you that you can't worship at your church any longer unless you're wearing a mask. You can't take your mother to the city senior center because masks are still required there, too. We will be powerless to fight it because under the proposed bill, you cannot challenge these restrictions in court.”
Windom said the bill needs to be “tightened up” to do what lawmakers claim they want or it should be tabled.
“One of the most important rights we have as Americans is our right to jury trial guaranteed in the 7th Amendment,” he said. “It's the one right we have to challenge even the government itself when they impose unfair laws and restrict our other rights.
“Now, the West Virginia Legislature wants to pass SB 277. It not only will allow anyone and everyone to weaponize the pandemic and force those unfair regulations and restrictions on us, but also destroys our constitutional right to challenge it.”
Greg Thomas of West Virginia Citizens Against Lawsuit Abuse disputes Windom’s claims.
“The personal injury lawyers will say or do anything to make sure that they can sue anyone they can to get rich,” Thomas told The West Virginia Record. “Everyone knows that the personal injury lawyers are liberal donors who spent over a million dollars in 2020 alone running false and negative ads against the very Republicans now they are trying to trick.
“And the personal injury lawyers gave even more to the very Democratic candidates and legislators who are the only ones that opposed this bill in the State Senate.”
The West Virginia Consumer Protection Alliance is a separate 501(c)4, but the members of its advisory committee are trial attorneys and members of the West Virginia Association for Justice.
“The West Virginia Consumer Protection Alliance is a group of West Virginians committed to protecting you, your family and your 7th Amendment right to jury trial,” the nonprofit’s website states. “Our civil courts guard your personal and financial safety and your constitutional rights.
“Billion-dollar special interests want to take away your 7th Amendment rights, put a government-mandated price on human life, and rig our civil justice system against you. Why? To increase their corporate profits at the expense of your rights and liberties. That's wrong!
“The West Virginia Consumer Protection Alliance fights to protect your rights. We will speak up for you and all West Virginians when your constitutional rights are threatened by powerful lobbying efforts and ‘government’ as usual in West Virginia.”
Thomas again disputed the goal of the group.
“How stupid do they think the Republican Delegates are?” he asked. “This bill has nothing to do with mask mandates or Fauci. This bill prevents greedy personal injury lawyers from taking advantage of the pandemic to sue small businesses and healthcare providers.
“But the personal injury lawyers who spent the pandemic at their second homes in Florida don’t care about small businesses and healthcare providers in West Virginia. Nor do they care about mask mandates, and they love Fauci. All the personal injury lawyers care about is money. Full stop.”