Clay Sheffer: Congress must protect businesses from unfair virus-related lawsuits

Although there are many public policy challenges Congress will have to face in the new congressional session, the foremost priority will be passing another coronavirus relief bill. This is why, before even being sworn in, President Joe Biden released his administration’s draft bill that included many key Democratic priorities.

But unless Democrats are prepared to blow up the Senate filibuster, which currently requires 60 votes to pass any bill not using the reconciliation process, they will need some Republicans to come to the table and support the bill if they want it to become law and provide much-needed relief to the American people.

One policy that has been a priority for Republicans during previous coronavirus relief bill negotiations, but was excluded from Biden’s bill, is liability protections for businesses from unfair coronavirus-related lawsuits.

Liability protections have remained a key priority for Republicans, particularly Senate Minority Leader Mitch McConnell, because it is a policy proposal that protects small businesses already hurting financially. Sen. John Cornyn of Texas describes the problem succinctly: “As states gradually reopen their economies, frontline health care workers, small businesses, and schools face a second pandemic of frivolous lawsuits threatening to bankrupt them.”

Businesses, schools and our health care system are already spread thin financially. But despite the challenges, most have risen to the occasion to implement the ever-changing health and safety regulations on the state and federal level, which are often updated with little notice or communication from the regulatory bodies who establish the rules. Businesses and schools implemented increased cleaning procedures, social distancing guidelines and limited capacities. Our health care workers donned PPE and stayed on the front lines to provide critical care to patients.

But despite all the precautions they have taken, businesses continue to face the threat of potential lawsuits. And even if these lawsuits are completely unfounded, and are eventually thrown out, it would still be an extremely expensive court battle for these businesses during this already difficult economic time.

While there has so far been no success on the federal level, we have seen liability protections pass in several states since the start of the coronavirus pandemic, including right here in Utah. Last year, Gov. Gary Herbert signed into law Senate Bill 5003, which protected individuals, associations, businesses and organizations from liability associated with “exposure of an individual to COVID-19 on the premises owned or operated by the person, or during an activity managed by the person.”

Utah legislators crafted this bill in such a way that it would not provide cover to bad actors, ensuring that the exemption would “not apply to willful misconduct or reckless or intentional infliction of harm.” Federal liability legislation could follow this same format, providing reasonable protections to businesses and organizations that have worked hard to protect their workers and customers from the virus without shielding those who are willfully flaunting regulations.

Passing this legislation on the state level is a good start, but many businesses operate in multiple states, so having a federal policy would be the most effective and efficient approach to handling this issue. Thankfully, we have lawmakers in Washington, such as our very own Sen. Mitt Romney, who have served as champions on this issue. Given the great work that Romney has done already to help businesses as well as his strong record fighting for liability protections, I am confident he will continue to do so during this next round of negotiations.

Lawmakers in Washington should take note of Romney’s leadership on this matter and join the effort to stand up for businesses both in Utah and nationwide. Not only is including this policy the right thing to do, but it might also help garner additional Republican support for a bill that Americans desperately need to pass quickly to finally get real relief during this unprecedented time.

Clay Sheffer, Vernal, is the owner of Sheffer Farms.