Sohn: Why are liability shields more important than COVID-19 relief?

Staff photo by Troy Stolt / Tonya Schuman and Rachel Tripp conduct a coronavirus test at a COVID-19 testing site put on by CEMPA and La Paz on July 30 in Chattanooga.
Staff photo by Troy Stolt / Tonya Schuman and Rachel Tripp conduct a coronavirus test at a COVID-19 testing site put on by CEMPA and La Paz on July 30 in Chattanooga.

Are you concerned that our governors in Tennessee and Georgia haven't mandated masks - even as we send our children and educators back to school?

Are you bothered by the fact that more than 2,000 students, teachers and staff are already quarantined in several schools across five states - including Tennessee and especially Georgia - after at least 230 positive coronavirus cases were reported? That at least three schools in Chattanooga are already halting in-person classes, at least temporarily, due to new confirmed cases?

Well, mammas, don't worry yourselves. Daddies, don't sweat it. Teachers, chill.

The Volunteer and Peach states have taken care of what's really important.

READ MORE: Hamilton County Schools announces 2 new COVID-19 cases, school closures in new data dashboard

In the past week and a half, both states have passed laws to protect our employers, school systems, businesses and nonprofit organizations from COVID-19 lawsuits.

That should fix everything, right?

Our lawmakers didn't pursue any more aid for families, even as further federal help is up in the air while our president plays golf. They didn't expand Medicaid to help folks who've lost insurance along with jobs. They didn't even send out their "thoughts and prayers."

Tennessee lawmakers on Wednesday voted largely along partisan lines to approve a controversial coronavirus bill providing sweeping legal protections from COVID-19 lawsuits. Georgia did the same more than a week ago.

Oh, and while the Tennessee lawmakers were at it, they passed an even more contentious measure cracking down on protests - just in case you worried-sick families become fed up with their pampering of business and cold shoulder to your concerns. (Our lawmakers told us the protest crackdown was about recent social unrest over police brutality. But make no mistake, it could easily apply to your COVID-equity concerns if you also decide to peacefully camp out on the Capitol lawn.)

A semi-bright spot for the Republican-led Tennessee General Assembly's three-day special legislative session called by Gov. Bill Lee was the passage of a telehealth pay-parity measure requiring Tennessee insurers to reimburse telemedicine providers at the same rates paid for in-person health sessions. That's likely only a help for those among us who still have insurance, of course.

Meanwhile, the coronavirus bill substantially raises the legal bar for you to file suit alleging loss, damage, injury or death from the coronavirus. You must prove "gross negligence or willful misconduct." And your Tennessee senators passed this on a 27-4 vote, while the House approved it 80-10.

READ MORE: Dade County volleyball team, cheerleaders in quarantine after two students test positive for COVID-19

It would seem now that the employer who told you must wait on those customers who refused to wear a mask is protected. So is the office where a sign said customers must wear masks, but once you were inside with yours, you found yourself face-to-face with a maskless cougher.

Local Sens. Bo Watson, R-Hixson, Todd Gardenhire, R-Chattanooga, and Mike Bell, R-Riceville, all voted yes.

During debate, Senate Democratic Caucus Chairman Jeff Yarbro of Nashville, an attorney, unsuccessfully tried to amend the bill.

"Everyone on this floor is getting calls from schools, colleges, hospitals," Yarbro argued, saying Tennessee law already makes it difficult to sue and prove in court that infections occurred at specific places. "But at some level the good actors are being used as a human shield for those who are doing the wrong thing."

If a business has a "consistent pattern and practice of ignoring" state, local government and medically recommended guidelines, Yarbro said, "they shouldn't receive the protections this legislation provides."

Oh, well. Forget that.

Georgia was on board even before Tennessee, when Gov. Brian Kemp, another Republican, signed similar legislation on Aug. 5.

These measures are taking effect just as debate heats up in Congress over federal liability protections that could override state efforts.

Mostly at the federal level, the shield is yet another sticking point in negotiations over additional COVID-19 relief legislation between the U.S. Senate and the U.S. House.

"We're not going to let trial lawyers throw a party on the backs of the frontline workers and institutions," said Senate Majority Leader Mitch McConnell as he announced the HEALS Act earlier this week.

MarketWatch.com put it this way: "The Heals Act is the Republicans' answer to the Democratic-backed $3 trillion Heroes Act, a bill with no extra liability protections."

So here we are. Relief held up while both state and federal liability limitation proposals draw praise from business advocates who say the liability shields are crucial to helping businesses reopen to revive the economy during the pandemic. Worker and consumer advocates meanwhile contend the proposals give businesses a free pass to skimp on safety precautions.

And, by the way, the GOP version of the federal proposal both raises the standard of proof from what's applied in ordinary tort cases and allows that filers of lawsuits deemed "meritless" be slapped with a fine of up to $50,000.

Yes, here we are.

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