Ohio law shields ACSD from COVID-19 liability

By Clay Boeninger

As Athens City School District begins to reopen its doors for students, Ohio House Bill 606 now protects the district from civil litigation alleging liability for transmitting COVID-19, giving way to feelings of gratitude for some and concern for others.

The law, according to Superintendent Tom Gibbs of ACSD who supports HB 606, “provides a second layer of protection for school districts who open schools in good faith… from frivolous legal action.” Others are not so appreciative of the law.

Social studies teacher Geoff Thacker says he is “fundamentally opposed” to the law. Thacker feels that HB 606 mitigates a person’s right to bring civil action against an employer for transmitting a disease that could cause serious injury or death. “Their ability to seek reparations has been curtailed,” said Thacker. “And I believe that is not appropriate when we are not in a pandemic, let alone when we are in one.”

Employees can still bring litigation against their employers on the grounds of intentional or willful misconduct or reckless conduct, according to the bill’s text.

Gibbs said that to prevent these potential lawsuits, ACSD is reviewing guidance from the Centers for Disease Control and is working with the Athens County Health Department to ensure that all safety measures are up to par. Gibbs noted that HB 606 was not a deciding factor in bringing students back into the classroom. However, Gibbs also said that HB 606 was “an added level of insurance, so to speak.”

Those thoughts were mirrored by state politicians, such as Lieutenant Governor Jon Husted, Senate President Larry Obhof, State Representative Diane Grendell, and Ohio House Speaker Bob Cupp. During the bill signing, the Republican quartet echoed each other, saying that HB 606 provided greater certainty and predictability for business owners and school districts alike. Throughout the entire 14-minute bill signing, the well-being of employees was barely mentioned.

Gibbs said he would appreciate an equivalent law being adopted at the federal level as well. “I’ve advocated for a similar measure at the national level, [but one] has not yet been included in any federal legislation,” he said.

In contrast, Thacker said that he would like to have seen different issues addressed by the state government. Thacker said that he would appreciate policies that support people working from home, as well as “doing away with laws intended to make it hard to seek legitimate restitution for injuries.”

Proud of his new anti-liability law, Governor DeWine signs House Bill 606 into law from his home on September 14.