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COVID liability protection veto disappoints

Gov. Tom Wolf has drawn criticism from local officials for his veto of a bill that would have made it harder to sue schools, hospitals and other businesses for claims related to COVID-19.
Local officials seek to protect Pa. businesses, industries

Local officials are disappointed over Gov. Tom Wolf's veto of a bill that would have made it harder to sue schools, hospitals and other businesses for claims related to COVID-19.

House Bill 1373 was approved in close, partisan votes in the state House and Senate before Wolf vetoed the measure Nov. 30.

In a letter to the House explaining his veto, Wolf said he provided liability protection for emergency and disaster services by health care practitioners in a May executive order.

However, House Bill 1373 would have expanded those protections to many businesses and users of personal protection equipment and business service, Wolf said.

“Shielding entities from liability in such a broad fashion as provided under this bill invites the potential for carelessness and a disregard for public safety,” Wolf wrote.

State Rep. Marci Mustello, R-11th, said the intent of the bill was to protect many businesses and industries, including agricultural tourism.

“This is a lifeline to small businesses to not get caught up in liability and lawsuits if somebody contracts COVID,” Mustello said. “It's really a shame to see the governor veto that. It really allows small businesses to grow and continue to employ people.”

She said there was a separate bill protecting the agritourism industry from COVID liability, but it never came up for a final vote in the House, so agritourism was added to House Bill 1737.

Agritourism was added to the bill to protect farms that host Halloween activities and rent barns for social events, she said.

Mustello said she hopes another bill shielding agritourism is introduced when the House reconvenes in January.

“Small businesses in our community are taking precautions. They want to keep employees safe. They want to keep customers safe. They want people to keep coming back. It was a good bill,” Mustello said.

Jordan Grady, executive director of the Butler County Chamber of Commerce, said the chamber signed on to a letter from the Pennsylvania Chamber of Business and Industry, the chamber's parent organization, supporting the bill.

“What this bill would have done is protect businesses, nonprofits, medical facilities, every business industry against frivolous COVID-19 lawsuits. It would have provided a little sense of relief,” Grady said.

He said he was shocked that Wolf vetoed the bill.

“It's very unfortunate it was vetoed,” he said. “We thought that this House Bill was a great piece of legislation to support businesses that need it the most. A bill like this would help economic recovery in the long term. It's another blow to businesses that are struggling right now.”

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