Month: June 2023

BLUMENTHAL, SCHIFF, & MURPHY INTRODUCE BILL TO REPEAL THE GUN INDUSTRY’S LEGAL LIABILITY SHIELD

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Adam Schiff (D-CA) led 78 Members of Congress, including U.S. Senator Chris Murphy (D-CT) and U.S. Representatives Dwight Evans (D-PA) and Jason Crow (D-CO), in reintroducing the bicameral Equal Access to Justice for Victims of Gun Violence Act, legislation to ensure that victims of gun violence have their day in court and that negligent gun companies and gun sellers are not shielded from liability when they disregard public safety. The bill would repeal the Protection of Lawful Commerce in Arms Act (PLCAA), passed by Congress in 2005, which gives the gun industry a unique and unjustifiable legal liability shield that protects gun manufacturers from lawsuits. 

“The gun industry’s legal immunity has given it a free pass to negligently manufacture and distribute weapons of war – often with devastating consequences for communities across the country,” said Blumenthal. “Repealing PLCAA’s protective shield will hold manufacturers accountable for wrongdoing and allow victims, survivors, and families to seek justice. Those impacted by our gun violence epidemic deserve their day in court. Passing this measure and ending the industry’s sweetheart deal is long overdue.”    

“Gun violence continues to take the lives of ordinary Americans every day, because Washington refuses to hold the gun industry accountable. I’m reintroducing my bill to repeal the liability shield that wrongly protects negligent gun makers and dealers from lawsuits. We must not let gun manufacturers get away with reckless practices that have life or death consequences for our kids, our parents, and our neighbors,” said Schiff. 

“There’s absolutely no reason why the gun industry should get special treatment when it comes to negligence. Their immunity from lawsuits effectively gives them a license to kill. It’s past time for Congress to repeal PLCAA and allow gun violence victims their day in court,” said Murphy.

“As someone who’s advocated for this concept in Pennsylvania’s legislature and now in Congress, I’m proud to be a co-lead on Congressman Schiff’s bill to restore this basic right of victims and survivors. So many American gun deaths could be avoided if we held these companies accountable for things like illegal sales, defective guns and irresponsible marketing. State attorneys general were able to hold Big Tobacco accountable in the 1990s, and they should be able to hold gun manufacturing companies accountable in the 21st century since thousands of lives depend on it. This legislation would be another tool in the toolbox to protect our citizens from gun violence,” said Evans.

“Gun violence is tearing our communities apart. Victims and survivors should be able to hold the gun industry accountable for negligent behavior, but under current law they’re protected from liability,” said Crow. “The PLCAA further burdens family members who are seeking justice for the loss of their loved ones. We’re introducing this bill to repeal the legislation barring the gun industry from liability and loosen the grip the gun lobby has on our lives.”

When Congress passed PLCAA, its supporters argued that it was necessary to protect the gun industry from frivolous lawsuits, and that victims of gun violence would not be shut out of the courts. In reality, numerous cases around the nation have been dismissed on the basis of PLCAA, even when the gun dealers and manufacturers acted in a fashion that would qualify as negligent if it involved any other product. Victims in these cases were denied the right to even discover or introduce evidence. This legislation allows civil cases to go forward against irresponsible bad actors.

In 2005, the National Rifle Association (NRA) identified PLCAA as their “number one” legislative priority, and the NRA celebrated the passage calling it the “most significant piece of pro-gun legislation in twenty years.” Letting courts hear these cases would provide justice to victims and their families, while creating incentives for responsible business practices that would reduce injuries and deaths. Effectively, the gun industry would once again be subject to the same laws as every other industry, just as it was prior to 2005.

The legislation is endorsed by Brady United Against Gun Violence, Giffords, Newtown Action Alliance, Everytown for Gun Safety, Guns Down America, Sandy Hook Promise Action Fund, and March for Our Lives.

“Whether it’s by making their products deadlier, marketing them in irresponsible ways, or continuing to supply rogue gun dealers, the decisions made in the gun industry’s corporate boardrooms have a direct impact on America’s gun violence epidemic,” said John Feinblatt, President of Everytown for Gun Safety. “We’re proud to stand with Senator Blumenthal and Representative Schiff as they work to hold the gun industry accountable and ensure they play by the same rules as every other industry.”

“Repealing the Protection of Lawful Commerce in Arms Act (PLCAA) is long overdue. We cannot continue to allow special carveouts and legal exemptions for gun manufacturers, distributors, and dealers to take away the right of victims of gun violence to have their day in court,” said Mark Barden, co-founder and CEO of the Sandy Hook Promise Action Fund and father of Daniel, who was killed in the Sandy Hook Elementary School tragedy. “We thank Senator Blumenthal for his leadership in introducing the Equal Access to Justice for Victims of Gun Violence Act of 2023.”

“Firearms manufacturers sell the single deadliest consumer product in this country. More kids are killed by their guns than anything else,” said Elena Perez, Senior Policy Associate at March For Our Lives. “Yet they’re held to a lower standard of responsibility than refrigerator manufacturers, or bicycle manufacturers, or practically any other company in America. Thanks to PLCAA, in America today, the gun industry is above the law. That’s wrong. We’re glad to support this bill to right a terrible wrong, to hold the gun industry accountable, and to give victims of gun violence their day in court.”

“For far too long, the gun lobby has been able to deny survivors of gun violence their day in court because it is one of the only industries in the country that’s been given broad immunity even while it continues to market a product that is leading to thousands of Americans dying every year. I’m grateful for the leadership of Rep. Schiff, Evans, and Crow on this critical issue,” said Shannon Grady, Interim Executive Director of Guns Down America.

“Since PLCAA was passed in 2005, we have lost hundreds of thousands of American lives to gun violence. All the while, PLCAA-enforced barriers have often barred survivors and their families from having access to rightful justice against negligent firearm manufacturers, dealers, and distributors. Until the gun industry is subject to the same accountability as every other industry and incentivized to act responsibly, they will continue to aid and abet this public health crisis robbing us of American lives in the process. Brady is grateful to Congressman Schiff and Senator Blumenthal for reintroducing this vital legislation and forging a path towards justice for those impacted by the gun industry’s harm,” said Kris Brown, President of Brady.

“My 20-year-old neighbor used an AR-15 to hunt and murder 26 children and educators in Sandy Hook Elementary School. The gun industry has produced 13.7 million more AR-15s making $11 billion since the shooting in our community a decade ago. The gun industry will continue to act recklessly to arm mass shooters with weapons of war and allow illegal guns to seep into communities of color as long as they are not held accountable for the blood shed in America. It’s time for Congress to lift the special legal shield that blocks the vast majority of the gun violence survivors from having their days in court. Newtown Action Alliance urges Congress to urgently pass Senator Blumenthal and Representative Adam Schiff’s bill to repeal PLCAA,” said Po Murray, Chairwoman of Newtown Action Alliance.

“For nearly two decades, the gun industry has enjoyed near-total legal immunity, thanks to the Protection of Lawful Commerce in Arms Act (PLCAA). Because of this immunity, it has been nearly impossible to keep the gun industry in check for its dangerous products and careless industry practices, and victims of gun violence have been unable to seek justice in the court in instances where a gun business acted with reckless or blatantly negligent disregard for public safety. The Equal Access to Justice for Victims of Gun Violence Act will repeal PLCAA and allow the public to hold negligent gun dealers and manufacturers accountable. We applaud Senator Blumenthal and Representative Schiff for introducing this legislation and urge Congress to pass it quickly,” said Adzi Vokhiwa, Federal Affairs Director at Giffords.

(Hartford, CT) — Attorney General William Tong joined a coalition of 24 states supporting stronger protections for patients’ reproductive health information. The Biden Administration is considering adding amendments to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the federal law that governs the disclosure of protected health information (PHI). If implemented, the changes would make it illegal to share a patient’s PHI if the PHI is being sought for certain criminal, civil, and administrative investigations and proceedings against a patient in connection with a legal abortion or other reproductive care. This is especially important as the U.S. Supreme Court decision overturning Roe v. Wade spurred many anti-abortion states to enforce draconian restrictions that could lead to criminal or civil penalties for anyone seeking, providing, or assisting with reproductive care. The coalition of attorneys general issued a letter welcoming the federal government’s proposed HIPAA amendments and adding that the additional guardrails would help safeguard reproductive health data from being wrongfully accessed and exploited to harm pregnant people or healthcare providers.

“Since the fall of Roe, extremist-led states have weaponized private health records to criminalize patients and doctors seeking and providing abortion care—including federally protected emergency treatment and care provided in states where abortion is legal. Connecticut’s Reproductive Freedom Defense Act was passed to respond to this threat, and I fully support the Biden Administration’s efforts to extend federal privacy protections to all seeking legal abortion and reproductive care,” said Attorney General Tong.

The decision in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade in June 2022, and created a climate of uncertainty and fear among reproductive health care seekers and providers throughout the country. Fifteen states currently have laws in effect prohibiting abortion under all or most circumstances. Everyone involved in assisting, providing, and obtaining such care in those states may be at risk of investigation, civil liability, and criminal prosecution.

Attorney General Tong will host a forum on the anniversary of that decision at 10:30 a.m. on Thursday, June 22 at the Legislative Office Building. He will be joined by Counsels Nunley and Gait, as well as Lieutenant Governor Susan Bysiewicz, leaders from Planned Parenthood of Southern New England, Pro-Choice Connecticut, the American Civil Liberties Union of Connecticut, the Connecticut Women’s Education and Legal Fund, Reproductive Rights Caucus co-chairs Rep. Jillian Gilchrest and Rep. Matt Blumenthal, Sen. Mae Flexer, Sen. Heather Somers and others. See here for more information.

In the letter, the coalition of attorneys general welcomed the proposed HIPAA amendments, which aim to protect against such misuse and weaponization of people’s data. The amendments would prohibit the use or disclosure of PHI for an investigation into a patient in connection with seeking, obtaining, providing, or facilitating reproductive healthcare if:

•             The patient seeking reproductive healthcare is in a state where such care is lawful; or

•             The patient is seeking reproductive healthcare that is protected under federal law (for example, by the Emergency Medical Treatment & Labor Act), regardless of the state.

The coalition argues that these provisions are essential to begin creating a more unified privacy landscape for access to reproductive care, and urged the Biden Administration to adopt the provisions speedily. The attorneys general also called for the creation of a nationally available, online platform that provides accurate and clear information on reproductive care and privacy rights, and a public awareness campaign to promote the website.

(HARTFORD, CT) – Governor Ned Lamont, Connecticut State Department of Education Commissioner Charlene M. Russell-Tucker, and Connecticut State Librarian Deborah Schander today launched a re-envisioned 2023 Governor’s Summer Reading Challenge that places a stronger focus on increasing summer reading activities and improved literacy outcomes for all students.

The Governor’s Summer Reading Challenge is a statewide competition for schools based on student population and grade level. Since 1996, this premier program has encouraged students to read books over the summer months when they are out of school. The summer reading program also supports community initiatives run by local public libraries and recognizes “Outstanding Public Library-School Partnerships.”

This modernization of the Governor’s Summer Reading Challenge will be supported by an investment of $370,000 in funding Connecticut Received from the American Rescue Plan Act’s  Elementary and Secondary School Emergency Relief Fund, which will be used for the summers of 2023 and 2024. This funding will strengthen the partnership between the Connecticut State Department of Education, the Connecticut State Library, and the Connecticut Association of School Librarians, and to continue to support local school districts and public libraries, while building sustainable partnerships between public libraries and school districts that further support improved statewide literacy outcomes and goals.

Specifically, the investment will:

• Create supportive reading environments through a summer reading ambassador pilot program, which will bring trained reading ambassadors to barbershops, parks, pediatricians’ offices, laundromats, and other areas where students and families have time to read.
• Create a method for participating local libraries and school districts to purchase high-quality reading materials for students and libraries.
• Funds a Summer Programs Coordinator at the Connecticut State Library and iRead membership within the Connecticut State Library to strengthen programming year-round.

Additionally, the 2023 Governor’s Summer Reading Challenge winning schools will be chosen through a renewed series of metrics. Previously, the number of books read determined winning districts. For the upcoming summer, top performing districts will be chosen by the percentage of total school student population participating in reading activities over the summer months. This change will ensure all students, regardless of native language, reading level, and learning ability, are encouraged to participate and read. The Connecticut State Department of Education will also be tracking the number of library visits by participating students.

Also included in the challenge for the first time this year are Connecticut Department of Energy and Environmental Protection’s StoryWalk experiences. StoryWalk experiences encourage students and families to read while enjoying state and local parks that offer these activities. Metrics will be tracked on the number of StoryWalk experiences visited by students at participating schools.

Governor Lamont said, “Summer reading is not just a pastime, it’s a critical tool for academic success. It helps students maintain and improve their reading skills, while also fostering a love of learning and discovery. But we can’t do it alone. Partnerships between schools and libraries are essential to providing students with access to a diverse range of books, resources, and programs that can help them thrive both academically and personally. By working together, we can ensure that every student has the opportunity to explore the world through reading.”

Commissioner Russell-Tucker said, “Investing in summer reading programs is critical to our continued commitment to ensuring that all students can read proficiently by the third grade. Research shows that students who do not read during the summer months are at risk of falling behind their peers, particularly in grade-level reading. By providing access to high-quality reading materials with supportive learning environments, we can help foster the joys of reading and ensure that all students have the tools they need to succeed in school and beyond.”

State Librarian Schander said, “Summer reading is not just about books, but rather a journey of imagination, knowledge, and growth. In this journey, we must ensure that every student has access to the tools they need to succeed. For students with disabilities, audiobooks and graphic novels are just as essential as traditional books, providing unique avenues for learning and self-expression. This reimagined summer challenge will encourage all students to explore the world of literature in their own way and empower them to reach their full potential.”

Department of Energy and Environmental Protection Commissioner Katie Dykes said, “The magical outdoor spaces of Connecticut State Parks are the perfect scene for families to enjoy summer reading together. Our new Connecticut State Park StoryWalks, part of our No Child Left Inside initiative, invite children and their caregivers to enjoy the fresh air while going on their own outdoor reading adventure. Exercise, nature, and literacy combine to help families create summer memories and experience our state parks in a new way. The best part is that our StoryWalks will encourage year-round outdoor reading experiences as different books are chosen each season. We are delighted for this statewide partnership and opportunity to encourage more family time in our State Parks.”