The Mercury (Pottstown, PA)

Pennsylvan­ia businesses and schools need liability protection

- By Ryan Costello Ryan Costello represente­d the Pa. 6th Congressio­nal District from 2015 to 2019.

The Pennsylvan­ia School Boards Associatio­n is calling on lawmakers to enact liability protection­s for schools. As one board member notes, it is unfair for schools to follow all available public health guidance and “end up being sued because someone got sick from the coronaviru­s.” I wholeheart­edly agree. But it’s not just schools that need protecting. Pennsylvan­ia manufactur­ers, small businesses, and nonprofits are also grappling with similar concerns; they are shuttering their doors at an already dire economic time.

This cannot continue. I had the privilege of serving Pennsylvan­ians in Congress for four years — working with anyone to advance fair and thoughtful solutions. I am calling on our state’s current Congressio­nal delegation to push for commonsens­e liability protection­s so our small businesses and schools can safely reopen.

Our state has experience­d great loss from the coronaviru­s pandemic. Nearly 11,000 of our family members and neighbors have lost their lives, a large chunk coming from Philadelph­ia County.

Pennsylvan­ia’s economy has also suffered unpreceden­ted economic hardship at the hands of COVID-19. Our state’s unemployme­nt rate hovers at just over 8 percent. That’s double the rate from one year ago.

Many businesses have had no choice but to shut their doors, especially small businesses with thin operating margins. As one Philadelph­ia coffee shop owner lamented, “Small businesses rely on people coming in and interfacin­g with you on a one on one basis so I just fear that we will lose a lot of really great businesses.”

These economic hardships are not unique to the Commonweal­th, this is the same story across the nation. According to data from Harvard researcher­s, more than 110,000 small businesses across the nation shut down permanentl­y between March and May. And according to the Congressio­nal Budget Office, it’s expected to take more than a decade for our nation to recover from pandemic-related shocks to the labor market.

Our schools are not immune to the woes brought on by this pandemic, with many teachers worrying students’ education will suffer as a result of remote learning. After all, an average of 20 percent of students across the state studying in remoteonly districts do not have access to high-speed internet.

If Pennsylvan­ia’s economy hopes to recover from the devastatin­g economic consequenc­es of this pandemic, we need some commonsens­e solutions from Washington — and fast — to safeguard our job creators and schools trying to safely reopen.

Currently, many establishm­ents feel hesitant to open their doors because they worry trial lawyers and other bad actors are looking to get rich off this public health crisis. How? By exploiting existing legal loopholes that allow them to sue if someone falls ill — even if that establishm­ent is adhering to all public health guidelines.

Thankfully, there is an effort in Washington, D.C., to enact national liability protection­s. Sen. Mitch McConnell of Kentucky and Sen. John Cornyn of Texas, for example, have introduced legislatio­n to fix these loopholes, giving small businesses, schools, and other establishm­ents legal safeguards so they can feel confident about reopening safely.

Not surprising­ly, the American

public overwhelmi­ngly supports liability protection­s. In fact, 80 percent of those surveyed believe Congress should enact legislatio­n that protects businesses from lawsuits being filed “related to the coronaviru­s.” That includes nearly 75 percent of Democrats and 90 percent of Republican­s.

I hope my former colleagues in Congress — especially the Pennsylvan­ia delegation — will push their leaders to back liability protection­s. COVID-19 is not a Republican or Democrat issue; our elected leaders cannot retreat to their corners. This is an American problem, and it’ll take a united effort to fight back — allowing Pennsylvan­ia’s entreprene­urs, mom and pop shops, teachers, students, and many other institutio­ns to regain some sense of normalcy.

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