On Monday, Florida’s Gov. Ron DeSantis signed a law shielding the state from COVID-19 related lawsuits.
Kansas should follow suit.
This global pandemic has upended business as usual because of its scope and depth. It’s a force majeure, that is, an unforeseeable circumstance such as hurricanes, tornadoes or other “acts of God,” for which we must make exception.
All across the world, governments have imposed health mandates that have shuttered schools and closed businesses in an effort to stop the spread of the virus.
To help address this economic fallout here at home, the U.S. government has passed six major bills in the last year totaling $5.3 trillion.
In Allen County, thousands have taken advantage of these funds — many in the hundreds of thousands of dollars.
Most have been satisfied with the generous lifeline. Others, taking advantage of anti-government sentiment, are suing their states for more.
We feel this is wrong.
FLORIDA uses the other side of the coin to make the same argument. Its intention with the legislation is to protect the state from being sued by those who deem its COVID-19 standards too lax, and as such put them in harm’s way.
Florida has taken a very hands-off approach to the pandemic. Last week, it had the most COVID cases in the country. It is third in the nation for the highest number of Covid-related deaths, at 33,247.
“[A]s a legislature and certainly me as the governor, we don’t want to be in a situation where people are scared of being sued just for doing normal things,” DeSantis said.
Florida is also on track to protect its state schools and universities from pandemic-related lawsuits, including those seeking a refund of tuition because classes were held online.
Universities are in a no-win situation. Had they held in-person classes, they likely would be sued by those insisting that this situation was a health hazard.
KANSAS legislators are currently considering legislation that would establish a multi-million dollar fund to settle COVID-19 legal disputes. In addition, they would require cities and counties to set aside 25% of their expected federal COVID-19 relief funds for a similar purpose.
That’s practically begging for people to file suit.
The impetus for the legislation began in December, when Omega Bootcamps, Inc., a Wichita fitness studio, sued the state for loss of income due to the pandemic. Attorneys for Omega are asking for upwards of $500,000, “though it’s a moving target,” said attorney Ryan Kriegshauser.
We’re hoping it crosses legislators’ minds that a big reason gyms have suffered during the pandemic is because they are viral hotbeds and people have had the sense to stay away.
The fitness center also argues that it should have been declared an “essential” business under the Kansas Emergency Management Act and thus escaped Gov. Laura Kelly’s mandate to temporarily suspend certain businesses last spring.
