A bill that would give Louisianans the right to file civil lawsuits against government agencies and public schools and universities that discriminate on the basis of coronavirus vaccination status is now headed to the governor’s desk.
House Bill 54, authored by Rep. Larry Bagley (R-Stonewall), was sent to Gov. John Bel Edwards on Wednesday after passing the Louisiana House and Senate. A version of the bill, which would allow litigation against public entities that bar entry to their premises to people who have not received covid vaccinations, passed the Senate June 3 on a vote of 24 to 9.
The bill has undergone several changes during its consideration in the Louisiana Legislature. Originally, the bill applied to restaurants, hotels and other private businesses – a provision that led the Louisiana Association of Business and Industry (LABI) to oppose it.
“Our mission at LABI is to protect the rights of employers, and we will oppose any legislation that affects an employer’s right to manage their business how they see fit,” LABI said in a Twitter post earlier this year.
In its original form, the bill also would have imposed a fine for up to $1,000 for violations, but that provision was dropped in favor of civil damages awards. The current wording of the bill overseen by a conference committee holds that violators should be liable for damages, reasonable court costs and lawyer fees, according to an analysis of the bill written by House Legislative Services.
Lana Venable, executive director of Louisiana Lawsuit Abuse Watch (LLAW), doesn’t see anything positive coming out of the bill’s approval.
“While LLAW has not been directly involved with HB 54 or the specific debates surrounding it, we are certainly skeptical of any measure that would encourage more lawsuits in Louisiana,” Venable told the Louisiana Record in an email.
The legislation provides an exemption for health care providers that are involved with the Medicare or Medicaid programs, since they can face penalties for not following federal rules and directives.
A Louisiana Senate amendment would have restricted the bill to apply only to COVID-19 vaccinations, but that was rejected by the conference committee. The bill sent to the governor applies to all coronavirus vaccinations, including severe acute respiratory syndrome (SARS).