When the Missouri Chamber of Commerce and Industry sent a notice to its membership in June asking entrepreneurs to sign on to a petition requesting COVID-19 liability legislation, only 20 to 30 were expected to respond. Instead, nearly 800 business owners co-signed the letter that was subsequently sent to Gov. Mike Parson, according to Daniel P. Mehan, president and CEO of the Missouri Chamber of Commerce and Industry.
"It's a fantastic list of small employers and a couple of big businesses out there but when a skate park and a pizzeria join because they're concerned about this, we knew we had hit a nerve,” Mehan told the St. Louis Record.
In response to the letter, Senator Ed Emory (R-Lamar) introduced Senate Bill (SB) 1, which would provide protection from pandemic-related lawsuits, if approved. However, the effort to grant Missouri businesses immunity from the spread of COVID-19 was tabled last week after Gov. Parson cleared it from the special session agenda without voting on it, according to media reports. As a result, the bill has been abandoned by lawmakers for now.
“We're disappointed that nothing has happened yet but we remain committed and we've received assurances from legislative leadership that this would be addressed early in January,” Mehan said in an interview. “I think it ran into some logistic concerns about having enough people in the building from the legislative bodies. So, it's more of a mechanics issue I would hope.”
While business owners wait for the coronavirus liability protection to be voted on in January, Mehan suggests they continue to observe the recommended protocols of social distancing, masks, and capacity limits.
“Businesses are trying to be safe about reopening and staying in business but there's a huge concern out there of the ‘what ifs’ and we know there have been more than 1,000 lawsuits filed across the country regarding this that spawned from COVID and we just don't want to become a hotbed for that,” Mehan said.
As previously reported in the St. Louis Record, SB1 states, “a premises owner, as defined in the act, shall not be liable for an exposure claim which was related to an emergency and sustained on the premises unless the plaintiff can prove by clear and convincing evidence that the owner intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.”
By January 2021, Senator Emory will be term-limited out of his position in the legislature. As a result, Senator Bill White (R-Joplin) and Senator Tony Luetkemeyer (R-Parkville) have each filed replacement bills.
“We know there's a determination to get things done but it's a shame it couldn't happen under Senator Ed Emory's sponsorship,” Mehan added. “We're confident that it will be one of the first bills in January. We've been told so and we expect it to happen fairly quickly.”