ASK THEM THIS: WHY CAN THE STATE SUE US?
Mad about what's going on in Washington? Join the ranks. OUR STATE IS WHERE WE CAN, and MUST make a difference. If SB51 is the first time you have called your senator, then KUDOS to you.
In calling on SB51, you have probably got a sense that your state senators are confused as to why so many people don't want this bill. ASK THEM IF THEY HAVE READ THE BILL, have them pull up the following three references in the bill, and ask them why they are taking away your rights for redress.
Realize we are in a war of words. Pesky definitions can have massive implications.
When they say this bill offers "protection" what do they mean?
BECAUSE THIS IS WHAT SB51 SPELLS OUT:
THEY CAN SUE!!
See, initially in the bill (shown below), the government is defined as an "Individual" or "Entity" Pg. 4 giving them, you and I equal footing under the law. Everything is right as rain.
Notice the sleight of hand? Notice how they walked it backward from the first picture? At first, we are all the same and then... we are not.
Don't fret, here is a little consolation prize for you...
Pg. 11 section 6
Meaning, you CAN go after them for an order. Most mandates and protocols are promulgated through ordinances, laws, and policies. All throughout the bill when talking about liability it talks about "policies, practices, procedures" or "law, including statutes, regulations, rules, or standards that are enacted, promulgated, or established under common law."
The more laws, policies and practices, and procedures are implemented through different governing bodies, entities, departments, etc. the fewer orders will be given. Meaning your one avenue of redress against potential wrongdoing in case of governmental abuse is practically gone.
AGAIN, they keep using the word "protection". Their definition of "protection", is more and more questionable.
They are offering protection TO THEMSELVES, to BIG corporations, manufacturers, and neglectful nursing homes. Their definition of "tort" or liability reform needs to give the same protections under the law, equally! THIS BILL DOES NOT DO THAT.
If the average front-line worker, nurse, doctor, teacher, etc., can't see they are getting the same protection as say, BIG PHARMA, and they are instituting protections for the type of "treatment" given with Cuomo care, something is terribly wrong with the bill!
Bill White says he's protecting front-line workers. How is this bill protecting front-line workers if it removes their ability to sue their employer for having to implement unsafe, unethical protocols, including protections for hospitals for the firing of staff and administrative mismanagement?
How does it help us as Missourians if you go into the hospital and the hospital denies you care?
This gives protection TO THE HOSPITAL and a NURSING HOME if there is
"OMISSION of CARE" pg. 9 section 3 (No liability for omitted care? Is this their new form of rationed care and death panels? This stuff is crazy.) this is what you and I by definition would call "Bad Actors".
THE JUSTICE SYSTEM SYSTEM WAS SET UP to protect the people against these very abuses that they are seeking to eliminate. Frivolous lawsuit statutes already exist in Missouri, this goes way beyond frivolous lawsuits. They are disarming the average citizen. They are taking away your path of civility and justice in cases of wrongdoing on THEIR part.
THEIR DEFINITIONS ARE NOT THE SAME AS THE AVERAGE MISSOURIAN. What we want: Same protection under the law... THEY NEED TO GET IT RIGHT.
When they are giving you reassurance about the bill by parroting what paid lobbyists are telling them, ASK THEM ABOUT THESE PAGE NUMBERS AND LINES WE HAVE REFERENCED and ASK THEM respectfully for A real ANSWER.
Expect a false sense of reassurance by them telling you this bill goes away in four years. Know that many times in Jeff City bills with a "sunset" clause quietly gets extended year after year. They are grasping at straws.
These senators are there to represent you, that doesn't make them "experts" and it doesn't give them a super-suit in their closet they put on when they go to Jeff City.
THIS IS NOT THEIR FULL TIME- this is their side hustle.
The terrain up there isn't all that different, you remember how in high school, during crunch time it became very easy to tuck heads and adopt the answers of a "bestie" in order to fly under the radar. DO YOU SENSE IT? This is no different.
It's offensive, really. Their different but ultimate words of "You don't understand" as they pat you on the head. It's all an attempt to get you to disbelieve your gut and what you read. "Go back to sleep- you're busy"... leave this to the "professionals" so we can continue to do the work "of the people". IT IS OFFENSIVE.
You have their attention, but you have to stay engaged on this one. The sands are shifting and there are a lot of voices, which helps to illustrate our point. THIS IS TOO BIG to get wrong. Simple language, equal protection.
While it's easy to be caught up in the fever pitch of the news, Missouri is WHERE YOU MAKE the DIFFERENCE.
We will side with the trial attorneys on this one truth, SB51 will close the door on big pharma and hospital/nursing home liability for neglect and non-treatment and it will open the flood gates to liability for you and me.
ACTION PLEASE CALL each one of these senators:
Cindy O'Laughlin 573-751-7985
This is not a complete list of senators, but these are ones that need to hear from you. The bill is scheduled for a final vote on Monday, 2/15/21