Legal Information at Your Fingertips

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Navigating the legal system is difficult enough, but imagine how complex and overwhelming it can be if you are maneuvering through it on your own without the help of experienced and knowledgeable legal counsel. Sadly, according the Self-Represented Litigant Network, a coalition of legal and non-legal professionals who seek to close the justice gap and reform the justice system, an estimated 3 out of 5 people involved in civil matters go to court without an attorney. We at the Harris County Law Library try to do our part by promoting open and equal access to justice for all and providing access to relevant, current, and accurate legal information. If you are a regular follower of our blog, you know that we sing the praises of TexasLawHelp.org, which has a wealth of information for self-represented litigants. However, we would also like our readers to be aware of some other websites that have a good selection of legal resources and lots of good legal information.

State Bar of Texas

On the webpage for the State Bar’s Legal Access Division, users can find links to a referral directory for legal services available to low-income Texans, a legal aid directory, a lawyer referral service, and Texas Lawyers for Texas Veterans, a State Bar program for military veterans. The State Bar also has available many free legal resources and pamphlets that cover a wide array of topics, such as the basics of the legal system, family law, immigration, and many more. Visitors can either download the pamphlet or request copies from the State Bar. Pamphlets are also available in Spanish.

The People’s Lawyer

Richard Alderman, author of Know Your Rights! and professor emeritus at the University of Houston Law Center, is known as “The People’s Lawyer,” and for good reason. Alderman is the force behind the popular website, The People’s Lawyer, which covers a wide array of legal topics from auto accidents to landlord/tenant law to small claims court. Users can find links to Texas consumer protection statutes and related federal consumer laws as well as links other useful websites relating to topics, such as lemon laws and product recalls, tax tips, and elder law. There is also an FAQ section with answers to common legal questions.

FindLaw

Another online resource for self-represented litigants looking for legal information is FindLaw, which is part of the Thomson Reuters family of businesses. FindLaw’s Learn About the Law section has informational articles about various topics including criminal law, employment law, family law, consumer protection, and so much more. Texas users can find links to Texas-specific laws and even some city-specific information, too. There are blog posts and podcasts about current legal issues that users may find interesting as well.

COVID-19 Waivers of Liability

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For those of you venturing out to the gym, the hair salon, or even your workplace, you may have been presented with a waiver of liability for your signature. These waivers attempt to limit a business’s liability for damages that may result from a possible exposure to the coronavirus and lead to the risk of contracting COVID-19. Understandably, owners of small businesses that have been shuttered due to the virus are concerned, especially when faced with the possibility of a future lawsuit should someone contract COVID-19 while on their premises. A lawsuit on top of already strained finances is not on the menu for a lot of these enterprises. To date, there have been no judicial opinions relating to the enforceability of these particular waivers. Most liability waivers are used when people participate in high-risk activities, such as sports or recreational activities, where there is a chance of injury. Waivers are governed by the rules of contract law. In instances of gross negligence, such waivers are typically deemed unenforceable. However, in general, liability waivers can be enforceable so long as the party signing the waiver had fair notice, i.e. that the contract or waiver specifically stated the claims to be released and that the waiver language was conspicuous within the contract.

But what would happen if you refuse to sign the waiver? Will you be prohibited from entering the business or going to work? Unfortunately, that could be another risk that the consumer might have to take: sign or be denied entry or service. To help you navigate this confusing path, here are some articles that provide some guidance to help you decide whether you want to go ahead and sign that waiver:

If You’re Asked to Sign a COVID-19 Waiver, Use This Road Map to Help With Your Decision, Consumer Reports.org, July 2, 2020

Can My Employer Ask Me to Sign a COVID-19 Waiver?, Nolo.com, accessed July 29, 2020

What You Should Know Before Signing a COVID-19 Liability Waiver, FindLaw, June 29, 2020

For businesses looking to draft their own liability waiver, here are some articles to check out before embarking on your own:

COVID-19 Liability Waivers: What Businesses Should Know, Law360, June 24, 2020

How Courts May Interpret COVID-19 Waivers of Liability, Law360, May 21, 2020

After the Moratorium: National Eviction Resources and Data

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A provision of the CARES Act which has, so far, protected millions of people from losing their housing, is set to expire on July 25, 2020. Potentially, many residents of Harris County (and the rest of the nation) could be facing eviction. In response to the need for reliable information about housing instability, we’ve posted a number of helpful resources in this blog. In May, we wrote about the eviction moratoria issued at the federal and state levels, and in June, we provided links to information and self-help tools from Texas Law Help and Lone Star Legal Aid for those at risk of losing their homes. Now we are offering a bird’s eye view of eviction across our country, providing links to resources that present both national and state-by-state data.

• As Protections Expire, Millions Of Americans Face Threats Of Eviction – NPR Morning Edition, July 21, 2020 (Audio)

  • 6-minute nutshell interview with Matt Desmond, author of Evicted and founder of the Princeton Eviction Lab

• STOUT interactive eviction tool -- Developed by Stout Risius Ross, LLC (STOUT) with input from National Coalition for a Civil Right to Counsel (NCCRC)

  • Provides access to data on estimated number of tenants experiencing rental shortfalls along with data showing tenant confidence levels in their ability to pay next month’s rent.       

• COVID-19 Housing Policy Scorecard – Princeton Eviction Lab

  • See the list of additional COVID-19 housing resources and tools built by other organizations

• COVID-19 Protections for Homeless Populations -- National Law Center on Homelessness & Poverty

  • See compiled list of COVID-19 Resources on Housing Alternatives

• Eviction Moratorium Maps – Regional Housing Legal Services (RHLS)

  • Presents a graphic visualization of moratoria in effect in each state, at each phase of eviction

• Federal Eviction Moratoriums — National Low Income Housing Coalition

  • Searchable database and map allow some renters to identify if their home is covered by the CARES Act eviction moratoriums

• Just Shelter

  • Identifies organizations that preserve affordable housing, prevent eviction, and reduce family homelessness; Presents personal eviction stories

• The Scarlet E: Unmasking America’s Eviction Crisis – On the Media (Audio)

  • A four-part series on the “eviction epidemic” in this country; Hosted by Brooke Gladstone

In the Interest of the Public Good

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Today’s blog post began as a discussion about the debate surrounding intellectual property protections for the development of a COVID-19 vaccine, but, in the course of reading about the conflict between pro-patent pharmaceutical companies and those who promote public access to the vaccine, the discussion evolved into a reflection on the development of the Internet. We are providing links to some good resources about the controversy around vaccine patent protections at the conclusion of this piece, but the focus of this blog post is actually the development of the world’s greatest vehicle for communication without which modern life is unimaginable – the World Wide Web.

In answering the question, “Who owns the patent to the polio vaccine?,” Jonas Salk famously said that it belongs to the people. “Could you patent the sun?,” he replied.  Tim Berners Lee, the pioneering computer scientist who developed the World Wide Web, might have said the same. His vision was clear – access to the Internet via the World Wide Web should be open and transparent. Creating an egalitarian space free from the influence of private interests was central to his design. Today, this vision is being challenged by private companies who prioritize profit over the public good. Advocates for network neutrality are pushing back. Regulating telecommunications companies and their control of online data streams is necessary, they argue, to ensure equal access to websites, applications, and online content. Similar arguments are being made with respect to the development of a COVID-19 vaccine.

Some say that, in the interest of global public health, the vaccine should belong to the people and made widely available to all who want it. Millions of public dollars are being spent to fund research for a vaccine, so, as the argument goes, any medical discovery made in the pursuit of a vaccine should be shared. Pharmaceutical companies argue otherwise. They stand to profit greatly from the sale of a vaccine for which there will be an overwhelming global demand. Clearly, the interests of the public and those of pharmaceutical companies are greatly at odds…or are they?

Apart from concerns about who should have access to either vaccines or the World Wide Web, there is a debate about what is created and what is discovered. The World Wide Web is clearly a creation, invented by a brilliant mind who shared it with the entire globe. The genesis of vaccines, however, is not as clear. Is a vaccine created or discovered? Teasing out the answer to this question is central to the discussion around patenting a vaccine or giving it away for the benefit of all.

To explore the vaccine dispute further, see links below.

• The History of Vaccines: A Timeline — The College of Physicians of Philadelphia

• Whoever Invents a Coronavirus Vaccine will Control the Patent – and, Importantly, Who Gets to Use It — The Conversation

• A Covid-19 Vaccine Will Need Equitable, Global Distribution — Harvard Business Review

• Coronavirus: Everyone Wins When Patents are Pooled — Nature

• The Covid-19 Vaccine Should Belong to the People — The Nation

• The Way We Produce and Patent Drugs Will Kill COVID-19 Patients — Jacobin

Does Privacy Still Exist Amid Coronavirus?

Amid the news of cities and states reopening, there also have been reports of closures. Some restaurants that had welcomed in-person dining have closed because an employee had tested positive for COVID-19. Bars and pubs, the ultimate watering holes for socializing and catching up with friends, have similarly shut their doors to the public once again. Despite the rising number of positive cases, none of these businesses is required to report any instances of employees who test positive for the disease. For instance, here in Texas, Governor Greg Abbott and the Strike Force to Open Texas have established a list of guidelines and minimum health protocols to which small businesses, such as restaurants, must adhere if they choose to reopen. No public reporting requirements are included in these checklists. Nevertheless, many restaurants throughout Texas and the rest of the country have opted to do so in an effort at transparency and general good business practice, seeking to assure the public that they value their loyalty and business but not at the sake of the health of their employees or their customers.

While restaurants and similarly situated businesses are not required to report COVID cases to the public, employers are still obligated to inform affected employees of their possible exposure to the virus. However, the employer must keep the identity of the infected employee confidential, as called for by the Americans With Disabilities Act (ADA). Although many people associate the ADA with prohibiting discrimination against individuals with disabilities in the workplace, the ADA also has privacy provisions that require employers covered by the ADA to keep all information about an employee’s illness confidential. In the case of COVID-19, employers are permitted to screen employees entering the workplace and may inquire about any symptoms identified by the CDC or public health officials associated with the disease. Such questions are deemed appropriate because of the severe health threat that the disease poses. Any information ascertained from the screening, though, must be kept confidential and stored in a file that is separate from the employee’s personnel file. Despite this confidentiality, employers are able to disclose the name of an infected employee to a public health agency.

Another law that protects individuals from public disclosure of health-related information is the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Under HIPAA, certain covered entities, typically healthcare providers and health plan insurers, cannot disclose protected health information without authorization from the individual. Nevertheless, there are situations when such information can be disclosed without prior consent for national priority purposes, including public health activities. According to a bulletin issued in March, the Secretary of the Department of Health and Human Services issued a limited waiver of certain sanctions and penalties associated with noncompliance with HIPAA’s Privacy Rule. However, even with the waiver, covered entities, such as hospitals, are able to share patient information with a public health authority and persons at risk. Disclosure of such information to the media or persons not associated with the patient’s care requires written authorization. One of the more recent high-profile cases alleging a potential HIPAA violation involved the disclosure of a positive COVID-19 test result for Dallas Cowboys star running back Ezekiel Elliott. Elliott took to Twitter, questioning whether such disclosure was a violation of HIPAA’s Privacy Rule. Maybe, maybe not. Remember that only healthcare professionals and other specified covered entities are held to the rules set out in HIPAA. In Elliot’s case, the media’s disclosure of the test results was not itself a violation of HIPAA, but the initial disclosure very well might have been.

Yes, even amid a global pandemic, privacy laws are still in place to protect individuals from the public disclosure of any health-related information. These laws present a challenge for businesses because employers are required to balance the protection of an infected employee’s privacy rights with the health and welfare of the possibly affected employees. Employers who still have questions can consult the CDC’s website, where it is has prepared some guidance for businesses and employers.