Public Health Law News

June 2019

Announcements

Do Stricter Immunization Laws Improve Coverage? Evidence from the Repeal of Non-medical Exemptions for School Mandated Vaccinesexternal icon. The National Bureau of Economic Research has issued a paper exploring the consequences of stricter immunization laws California implemented in 2016. These laws eliminated nonmedical exemptions. While overall immunization rates did improve, the number of medical exemptions also increased.


Summary of State Laws Addressing the School Breakfast Gap pdf icon[PDF – 877KB]external icon. The Network for Public Health Law has published a summary of how states address the school breakfast gap. This gap develops when students who use school lunch programs don’t have access to a healthy school breakfast. The issue brief highlights legal interventions introduced by different states to close the gap.


Job Openings: Navajo Nation’s Judicial Branchexternal icon. The Navajo Nation in Window Rock, Arizona, is hiring for various positions in its judicial branch. The application period will remain open until each position is filled.


Job Opening: University of North Carolina (UNC)external icon. The UNC Gillings School of Global Public Health seeks applications for a permanent faculty position in the Department of Health Policy and Management. The position’s responsibilities include teaching health law at the graduate level in Chapel Hill, North Carolina, beginning in January 2020.


Becoming Better Messengersexternal icon. A new article in the Journal of Public Health Management & Practicesays public health professionals need to appeal to the future public health workforce by communicating using different moral foundations.


Olmstead at Twenty: The Past and Future of Community Integration Disability Law Conferenceexternal icon. This conference will take place at the Georgia State University College of Law in Atlanta, Georgia, August 8–9, 2019. The conference will explore the history of Olmstead v. L.C. and E.W.external icon, a groundbreaking civil rights decision for people with disabilities. Speakers will assess the current state of compliance and imagine a path forward where all people with disabilities have access to the supports they need to live full and meaningful lives in the community. The conference is cohosted by the Georgia State University Center for Law, Health & Society and the Atlanta Legal Aid Society.


2nd Annual Conference on Food Law and Policyexternal icon. This annual conference will take place December 10, 2019, at the Georgia State University College of Law in Atlanta, Georgia, and will be cohosted by the Academy of Food Law and Policy and the Georgia State University Center for Law, Health & Society. The conference is designed to create and continue a foundation for the long-term stability of the food policy field. This conference will 1) feature works-in-progress workshops and poster presentations to connect the food law and policy scholarly community, 2) provide meaningful and in-depth explorations of food law in multiple formats, 3) foster a dynamic and robust discussion through plenary sessions, and 4) contemplate the possibility of a symposium issue potentially pitched to the Journal of Legal Medicine.

Legal Tools

The Practical Playbook IIexternal icon. On May 21, The Practical Playbook II: Building Multisector Partnerships That Work was released. The book is a compilation of the work of different authors and contains several applicable case studies. The book is accessible online, or hard copies can be purchased from Oxford University Press.


Racial Equity Toolkit: An Opportunity to Operationalize Equityexternal icon. The Local and Regional Government Alliance on Race & Equity provides a toolkit to demonstrate how racial equity can be integrated into policy and practice. The health of all populations relies on developing programs and policies that reduce racial inequality.


Medicaid Reimbursement for School Nursing Servicespdf icon[PDF – 770KB]external icon. The Network for Public Health Law has released a fact sheet detailing how various state laws are used to expand school nursing services to children. These services are particularly valuable for underserved children who may not otherwise have access to regular healthcare.

Top Stories

Texas: Who can adopt a Native American child? A Texas couple vs. 573 tribesexternal icon
The New York Times   (06/05/2019)   Jan Hoffman

Story Highlights

The Indian Child Welfare Act (ICWA) was enacted to ensure legal actions such as child protective interventions, foster care, and adoption are in the best interests of Indian children. The law established minimum federal standards for the removal of Indian children from their tribes and placement in other homes. In the interest of preserving and reinforcing tribal identify among American Indian children, ICWA has historically been interpreted as requiring that American Indian and Alaskan Native (AI/AN) children be adopted within their home tribe or another AI/AN tribe if possible, before adoption by a family that is not AI/AN is considered. ICWA applies to children who do not live on reservations, and state workers are required to prove they are working to reunify the child with family. The child’s tribe is required to be a part of proceedings.

Historically, forcible removal of Native children from their tribes and families has had a devastating impact on AI/AN families and individuals. ICWA was created to prevent destruction of AI/AN culture and families.

ICWA has been in place since 1978 but is facing challenges as a case involving a 3-year-old boy named Zachary and his younger half sister plays out in Texas courts. The boy, with Native American birth parents, had been placed with the non-Native Brackeen family through the Texas foster care system. The Brackeens went to court to adopt the boy permanently. Last fall, a federal judge ruled in favor of the Brackeen family, deeming the Indian Child Welfare Act unconstitutional, in part because it depends on race, and allowed the Brackeens to go forward with their adoption of Zachary.

The boy’s biological mother gave birth to the half sister during the initial court proceedings. The baby girl was placed with another Texas foster family when she and her mother tested positive for methamphetamines.

The Brackeens are also pursuing legal action to unite the two siblings in their home. The case is now being heard by a federal appeals court. The Brackeens face opposition from the Navajo Nation and more specifically, relatives of the children. They want custody of the baby girl.

In the most recent hearings, the Texas family law standard of “best interest of the child” was applied, and the baby girl was placed with the Brackeens. She must, however, also spend time with her Navajo relatives. “How can it not be in his (Zachary’s) best interest to grow up with a sibling who looks more like him than we do, who knows what he’s gone through and who shares his story more than anyone else?” asks Mr. Brackeen. The Navajo tribe has appealed the judge’s orders and the future of the case is uncertain.

“How will they be told that their tribe and their family fought for them, but this non-Native, nonrelative family won?” questions Kandis Martine, an assistant attorney general of the Navajo Nation. “We have a Native family willing and able to take a child, and we have to fight against a non-Native, nonrelative family for her—this is what ICWA is meant for.”

[Editor’s Note: Read more about the Indian Child Welfare Actexternal icon.]


New York: New York ends religious exemptions for required vaccinesexternal icon
NPR   (06/13/2019)   Bobby Allyn

Story Highlights

The number of new measles cases in the past year is the highest that the United States has seen in 27 years. This is largely attributable to a rise in the anti-vaccine movement and low vaccination rates among concentrated religious populations, such as the ultra-Orthodox Jewish communities in New York State. New York is one of the states hit hardest by the current measles outbreak. On June 13, 2019, New York passed a state law eliminating religious exemptions for school vaccination requirements. The law takes effect immediately.

Governor Andrew Cuomo signed the bill into law saying, “The science is crystal clear: Vaccines are safe, effective and the best way to keep our children safe.” Cuomo went on to say, “While I understand and respect freedom of religion, our first job is to protect the public health, and by signing this measure into law, we will help prevent further transmissions and stop this outbreak right in its tracks.”

Religious exemptions are common in most states, allowing parents to refuse vaccinations for their children because of religious beliefs. Critics of the New York law say state law should not restrict religious freedom or the right of parents to do what they feel is best for their children.

New York state senator John Liu agrees with the bill but says that those who rely on religious exemptions would be “absolutely outraged that anyone would suggest that they don’t care about the health of their children.”

In New York, about 96 percent of school-aged children have been vaccinated against measles, mumps, and rubella. The areas where the vaccination rates are lower, however, are often the center of outbreaks of disease, and the current outbreaks are in insular religious communities. It is hoped that removing religious exemptions will help to close this gap as unvaccinated students have 30 days to prove that they are beginning to receive the required vaccines.

[Editor’s Note: Read more about the lawexternal icon and learn about CDC’s response to the ongoing measles outbreak.]


National: Beyond hospice: new options for end-of-life care spread to more statesexternal icon
Governing   (05/29/2019)   Stateline

Story Highlights

Palliative care is a form of treatment used to manage pain and slow the spread of disease, while avoiding traditional medical practices such as chemotherapy or surgery. Palliative care outside of hospice is often not covered by insurance companies, and the healthcare workforce often lacks training in providing palliative care treatments.

Several states are working to expand palliative care access, however. In 2017, Maryland began requiring all hospitals with more than 50 beds to provide palliative care services to their patients. Like Maryland, several states, including Colorado and New York, have expanded their definition of palliative care to include services outside of hospice. Texas has gone as far as defining and regulating palliative care provided in private homes.

These more expansive definitions and regulations are creating more options for patients with terminal diagnoses. When a registered nurse named Berman was confronted with a devastating medical diagnosis, she chose palliative care as her treatment plan. While her diagnosis has not changed, Berman has lived long past what was expected and is thriving as she lives a quality of life that might not have been possible under a medicalized treatment plan. Fortunately, her insurance covers palliative care outside of hospice. Because of examples like Berman’s, health policy experts say others could benefit from palliative care coverage.

“Policymakers are getting more sophisticated, but public awareness is one of the first issues states will have to tackle,” says Stacie Sinclair, a senior policy manager at the Center to Advance Palliative Care at the Icahn School of Medicine at Mount Sinai in New York City. The California State University Institute for Palliative Care has released a palliative care curriculum that can be used by various professionals, including nurses and chaplains.

[Editor’s Note: Learn more about end of life careexternal icon.]

Briefly Noted

California: Beverly Hills votes unanimously to ban most tobacco salesexternal icon
ABC News   (06/05/2019)   Justin Doom


Florida: Who gets to give dietary advice? Health coach fights lawexternal icon
StarTribune   (05/30/2019)   Candice Choi
[Editor’s Note: Learn more about nutrition.]


Georgia: An ‘emotional-support dog’ attacked him on a flight. He’s suing Delta and the owner. external icon
The Washington Post   (05/29/2019)   Paulina Firozi


Maine: Maine governor signs bill to remove religious, philosophical vaccine exemptionsexternal icon
The Hill   (05/25/2019)   Morgan Gstalter


Michigan: State dismissed criminal charges in all Flint water cases, will continue to investigateexternal icon
Michigan Live   (06/13/2019)   Ron Fonger


North Carolina: Gaston County to prohibit tobacco use on government grounds, parks and indoor public places.external icon
WBTV   (05/30/2019)   WBTV Web Staff
[Editor’s Note: Read more about the proposed ruleexternal icon.]


National: ACA linked to reduced racial disparities, earlier diagnosis and treatment in cancer careexternal icon
The Washington Post   (06/02/2019)   Laurie McGinley
[Editor’s Note: Read the abstractexternal icon.]


National: Supreme Court refuses to hear case on doctrine preventing military medical malpractice lawsuitsexternal icon
Newsweek   (05/20/2019)   James Laporta


Indian Country: In Indian Country, potholes can be a bump in the road to an educationexternal icon
Tucson Sentinel   (05/16/2019)   Keerthi Vedantam
[Editor’s Note: Read bill S. 207pdf icon[PDF – 88KB]external icon.]

Global Public Health Law

Brazil: Brazil sues Big Tobacco over health costs from smokingexternal icon
CNBC   (05/28/2019)   Angelica LaVito


Canada: Canadian inquiry calls killings of indigenous women genocideexternal icon
The New York Times   (06/03/2019)   Ian Austen and Dan Bilefsky


Germany: A nurse pushed patients to the brink of death for sport. He was just convicted of 85 murders. external icon
The Washington Post   (06/06/2019)   Lindsey Bever


Rwanda: Why Rwanda could be the first country to wipe out cervical cancerexternal icon
CNN   (05/30/2019)   Sophie Cousins, Mosaic
[Editor’s Note: Learn more about HPV.]


Uganda: Uganda bans alcohol sold in sachetsexternal icon
BBC   (06/03/2019)


United Kingdom: Forced marriage reports in UK reach record highexternal icon
Global Citizen   (05/24/2019)   Sonia Elks
[Editor’s Note: Read The Anti-social Behaviour, Crime and Policing Act 2014external icon.

Profile in Public Health Law: Janet Fleischman
Photo: Janet Fleischman, Senior Associate, Global Health Policy Center at the Center for Strategic & International Studies

Title: Senior Associate, Global Health Policy Center at the Center for Strategic & International Studiesexternal icon

Education: BA, Brandeis University


Public Health Law News (PHLN): Please describe your career path and what drew you to global health policy.

Fleischman: I began my career in international human rights at Human Rights Watch. In the 1990s, as a researcher in the Africa division and then as Washington Director for Africa, I heard the rising alarm about the ravages of the HIV/AIDS crisis in a number of African countries. Through my human rights work, I saw that the epidemic was exacting a particularly devastating toll on women and girls and that the abuse and discrimination they suffered was both a cause and consequence of their HIV status. In 2002, I traveled to Zambia for research on human rights issues related to adolescent girls and HIV, where I documented the abuses they faced—from discrimination in access to education to sexual violence and coercion. Soon thereafter, I was asked by the Center for Strategic & International Studies (CSIS) to help launch the gender and HIV work for the CSIS HIV/AIDS Task Force, which was cochaired by then-senators Bill Frist and John Kerry, before the President’s Emergency Plan for AIDS Relief (PEPFAR) even existed. The US policy environment changed dramatically in 2003, when President George W. Bush launched PEFPAR, and I began to focus on ensuring that PEPFAR included gender strategies and programs to address the needs of women and girls.

In the intervening years, I have worked on a range of gender-related global health and rights issues, including HIV, family planning/reproductive health, maternal child health, gender-based violence, adolescent girls/young women, humanitarian crises, and US policy. In addition to CSIS, I’ve been a consultant to various organizations, such as the United Nations Joint Program on HIV/AIDS (UNAIDS), the United Nations Development Program (UNDP), the Kaiser Family Foundation, CARE, Pathfinder, and Together for Girls, among others.

PHLN: What is the CSIS Global Health Policy Center?

Fleischman: The CSIS Global Health Policy Center is a policy research institution focused on building bipartisan awareness about global health and its importance to US interests. It works with a range of stakeholders to make US global health efforts more strategic and sustainable and has played a key role in shaping US global health efforts by working with policymakers, partnering with experts in developing countries, and convening influential, high-level working groups, like the HIV/AIDS Task Force and the CSIS Task Force on Women’s and Family Health.

PHLN: What is your role?

Fleischman: I am a senior associate and lead the work on women and girls. This includes a range of activities: policy analysis; convening public and private events with women leaders and civil society activists, program implementers, and policy makers from the United States and other countries; conducting research missions and leading congressional staff and other delegations; producing written reports and articles, as well as podcasts and videos; and speaking publicly about women’s and girls’ global health issues.

PHLN: What is the relationship between human rights and public health?

Fleischman: Around the world, a lack of respect for human rights directly impacts public health. This is especially evident for vulnerable or marginalized groups, when harmful policies or discriminatory practices block access to appropriate information and services, which increases the risks of adverse health outcomes. The connection between health and rights is apparent in areas like gender-based violence, reproductive health, and HIV services for key populations—men who have sex with men, transgender people, sex workers, people who inject drugs, and prisoners. The global fight against HIV, often propelled by nongovernmental and community organizations and civil society leaders, has shined a bright spotlight on how the health and rights issues are intertwined, with issues such as stigma and discrimination, gender inequality, and legal barriers both increasing HIV risk and often driving those in need of services underground. In humanitarian and crisis settings, the human rights abuses faced by women and girls—including rape, sexual violence, and exploitation—often result in severe health and psychosocial consequences. Understanding these connections between human rights and public health is critical for advancing global health.

PHLN: Your work focuses on the conditions of women and girls in public health, humanitarian, and crisis settings. Why is it so important to use a gender lens when forming policy?

Fleischman: There’s been increasing global attention to the importance of addressing the needs of women and girls and advancing gender equality in order to reach US health and development goals. This message has been elevated by such voices as Malala Yousafzai, Michelle Obama, Graça Machel, Melinda Gates, and Dr. Tedros Adhanom Ghebreyesus, among many others. Evidence from around the world shows that when women and girls are healthy, educated, and employed, their families and communities are healthier and more prosperous, and the women become skilled and productive leaders. Yet too often, the needs of women and girls are not prioritized, putting them at risk of multiple adverse consequences—unintended pregnancy, child marriage, gender-based violence and exploitation, and HIV, as well as dropping out of school and being denied economic opportunities. This then undermines prospects for improving health outcomes and economic development.

A gender lens is also critical in humanitarian and fragile settings. The challenges are magnified by the changing nature and unprecedented scale of displacement, with some 34 million women and girls of reproductive age in emergency settings often explicitly targeted with rape and sexual violence as a weapon of war. These realities are consistently underreported, which worsens the impact and trauma on survivors and communities and undermines prospects for women to contribute to longer-term resilience and stability.

Data and operational research require a gender lens to assess the risks and vulnerabilities that women and girls face at different ages, in different settings, whether they are in or out of school, and married or not. So ensuring that a gender lens is applied from the outset to policy development and program design, implementation, and evaluation leads to more inclusive and sustainable results.

PHLN: Can you talk a little bit about why using this lens is especially relevant for adolescent health?

Fleischman: Adolescent girls around the world face particular risks and vulnerabilities related to harmful gender norms and other social, cultural, and economic factors that fuel discrimination and violence against them. Barriers to health information and services, especially related to family planning and reproductive health, increase their risk of unintended pregnancy, unsafe abortion, and HIV and sexually transmitted infections, and contribute to them dropping out of school, especially secondary school. Despite talk about the importance of “youth friendly” clinics in countries around the world, it is rare to find a place where adolescent girls are not judged by healthcare providers if they are sexually active or if they are resisting cultural practices or gender norms. Addressing the issues they face requires engaging them directly in program design and implementation, establishing safe spaces where they can meet with their peers and get information and services, and investing in data and research to close the gaps in implementation. Data has to be disaggregated by age and sex, and the results of research should be used to inform strategies, legal and policy frameworks, and programs designed to meet their specific needs.

PHLN: What are you currently working on at CSIS?

Fleischman: I am currently working on several projects related to women’s and girls’ global health and US policy. One project, the CSIS Women’s Health Policy Forum, focuses on ensuring continued bipartisan support for women’s health and international family planning and has looked at areas such as linkages between women’s economic empowerment and access to women’s health services. Another project is looking at women and girls in humanitarian and crisis settings, under the auspices of the CSIS Commission on Strengthening America’s Health Security. This project is focused on the need to prioritize women’s and girls’ health and protection in acute and protracted crises, including access to family planning, maternal health, and prevention and response to gender-based violence. And following up on my visit to South Africa in February, I am continuing my work on adolescent girls/young women and HIV.

PHLN: Can you please describe the HIV/AIDS situation in South Africa, and why HIV should still be considered a crisis?

Fleischman: South Africa is the epicenter of the HIV pandemic. It is home to 20 percent of the world’s people living with HIV and has the largest HIV epidemic in the world. Especially troubling are areas of “hyper-endemic” HIV epidemics, with HIV prevalence over 15 percent. In some communities in KwaZulu-Natal, prevalence for young women is over 60 percent—simply staggering figures. Whether or not South Africa is able to turn the tide on this epidemic will have enormous implications not only for its own population but also for the region and the rest of the world. Yet HIV is not being treated as a crisis in South Africa, and the rising complacency—especially among young people—is alarming.

That said, after years of denial, the South African government now finances close to 80 percent of the HIV response and provides some 4 million people with life-prolonging antiretroviral treatment. This commitment is unparalleled in sub-Saharan Africa. The problem is that treatment scale-up has stalled, and while new infections have been reduced, the rate is not fast enough to get ahead of the epidemic.

PHLN: Why are young women particularly vulnerable to contracting HIV/AIDS in South Africa? Is this vulnerability unique to young women in South Africa?

Fleischman: The numbers are stark—adolescent girls and young women account for one-third of the nearly 4,500 who are infected with HIV every week in South Africa. This disproportionate impact is fueled by social, cultural, and economic factors, including high rates of teenage pregnancy and sexually transmitted infections, an epidemic of gender-based violence and intimate partner violence, lack of quality education, and widespread poverty and unemployment.

These issues are not unique to South Africa. Adolescent girls and young women face acute risks in high burden countries around the world, and especially in east and southern Africa. In response to these realities, PEPFAR launched the DREAMS initiative, which stands for Determined, Resilient, Empowered, AIDS-free, Mentored, and Safe. Now operating in 15 countries, DREAMS is a public-private partnership aimed at reducing incidence of HIV among adolescent girls and young women through services that are “layered” to address their needs more comprehensively.

PHLN: Is there anything else you would like to add?

Fleischman: This is a critical time in US policy, and the importance of investing in women’s and girls’ health and development has never been more important.

Public Health Law News Quiz

The first reader to correctly answer the quiz question will be featured in a mini public health law profile in the July 2019 edition of the News. Email your entry to PHLawProgram@cdc.gov with “PHL Quiz” as the subject heading; entries without the heading will not be considered. Good luck!

Public Health Law NewsQuiz Question June 2019

What fraction of roads owned by the Bureau of Indian Affairs is unpaved, making it difficult for children to get to school during the winter and monsoon months?

May 2019 Quiz Winner
Photo: Holly K. Taggart, Infection Preventionist, Orlando Health

Holly K. Taggart


May Question: 
Which international organization has issued a warning about the growing issues of drug-resistant infections?

Winning Answer: The World Health Organization

Employment organization and job title: Infection Preventionist, Orlando Health.

A brief explanation of your job: As an infection preventionist, I am involved in all aspects of prevention and control of infection within our hospital system. This includes prevention of hospital-onset infections, cleaning and disinfection of all areas of the hospital and any reusable supplies, reporting of various mandated diseases or conditions, planning for safe construction, outbreak investigation, employee exposure to infectious disease, and more. We partner with departments across our organization to keep both patients and employees safe. Over the years, I have developed a strong interest in the prevention of surgical site infections.

Education: Bachelor of science in nursing, University of North Carolina—Greensboro; Master’s in interdisciplinary studies, Oregon State University.

Favorite section of the Public Health Law NewsGlobal News. Prior to working as an infection preventionist, I worked with Medecins Sans Frontieres and other relief groups in Africa. I continue to advise when possible (most recently in 2014 during the West African Ebola outbreak of 2014–2016). The Global News section helps keep me up to date on the important issues that affect us worldwide.

Why are you interested in public health law? Initially, I was drawn to the newsletter because it is a great way to stay up to date on changes to the law that may affect hospital reporting. After subscribing, I realized that the newsletter had much more than just upcoming changes to law, and I’ve been able to stay very current on all sorts of public health issues—which has been a great help to me in my graduate classes for my MPH.

What is your favorite hobby? When I’m not working, I can be found running all of our great local roads and trails in Florida and across the United States with my best running buddy ever, “Pocket dog” the Basenji!

Court Opinions

Federal: Cincinnati, Ohio, has a homeless population of more than 7,000. The plaintiff in this case, Joseph Phillips, was homeless at the time of this case and is bringing suit against the City of Cincinnati, among other defendants, for forcing a homeless encampment to move and disperse multiple times in 2018. The mayor of Cincinnati, along with Hamilton County, enforced a homeless encampment policy that forced Mr. Phillips’s encampment to vacate an area for cleaning multiple times during 2018. The camp moved to a new area and was then required to move again once the policy area was extended to include the new homeless encampment. The court ruled in favor of the defendants on all counts, except it allowed the plaintiff to amend his complaint to include a claim for “sham legal process” against the mayor of Cincinnati. If the plaintiff prevails in the new case, it could change how governments interact and provide legal process to individuals living in homeless encampments.

Phillips v. City of Cincinnatiexternal icon
United States District Court for the Southern District of Ohio, Western Division
Case No. 1:18-cv-541
Filed 05/29/2019
Opinion by Judge Timothy S. Black


Federal: Currently, more than half of US states have allowed the use of medical marijuana/cannabis programs. Marijuana is, however, still classified as a Schedule I substance under the federal Controlled Substances Act. Marvin Washington and his fellow plaintiffs filed suit against the US Department of Justice to change the classification. While there have been cases before regarding the same issue, this case was different because it was not dismissed by the court. Rather, it was held in abeyance—temporary suspension—by the court and can be reviewed again in the future. The plaintiffs argued that medical marijuana use has saved their lives and should be legalized. The court did not reach a verdict on the merits of the argument but rather ruled that the plaintiffs needed to seek administrative remedies before returning to court.

Washington v. Barrexternal icon
United States Court of Appeals, Second Circuit
Case No. 18-859-cv
Decided 05/30/2019
Opinion by Judge Guido Calabresi


Federal: J.D., by his father and next friend, Brian Doherty, filed suit against the Colonial Williamsburg Foundation for not allowing him to eat a homemade gluten-free meal inside one of foundation’s restaurants. J.D. is an 11-year-old child who has a severe gluten intolerance. The problem arose when he went on a field trip with his classmates to Colonial Williamsburg and was not allowed to eat his homemade gluten-free meal in the restaurant where his classmates were eating. The US Court of Appeals, 4th Circuit, considered whether a gluten intolerance can be classified as a disability, and thus would result in discrimination under the Americans with Disabilities Act. The court concluded that J.D.’s gluten intolerance could qualify as a disability and remanded the case to a jury to determine whether he was discriminated against under the Americans with Disabilities Act.

JD Ex Rel. Doherty v. Colonial Williamsburg Foundationexternal icon
United States Court of Appeals, Fourth Circuit
Case No. 18-1725
Decided 05/31/2019
Opinion by Judge Albery Diaz

Quote of the Month

“On behalf of the Board of Health & Human Services, I could not be more pleased to see such a forward-thinking health policy passed unanimously in our county. It is the obligation of the Board to protect the health of our citizens, both the young and old, and this Rule will do just that—now and for generations to come.” Robert Browne, Chair of the Gaston County Board of Health and Human Services

[Editor’s Note: This quote is from Gaston County to prohibit tobacco use on government grounds, parks and indoor public places.external icon WBTV   (05/30/2019)   WBTV Web Staff]

The Public Health Law Newsis published the third Thursday of each month except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge.

The Newsis published by the Public Health Law Program in the Center for State, Tribal, Local, and Territorial Support.

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News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and HHS assume no responsibility for the factual accuracy of the items presented from other sources. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or HHS. Opinions expressed by the original authors of items included in the News,or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or HHS. References to products, trade names, publications, news sources, and non-CDC Web sites are provided solely for informational purposes and do not imply endorsement by CDC or HHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions reported in this document are those of the author(s) and do not necessarily represent the views of CDC or HHS. The Newsis in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the Public Health Law Newsshould be cited as sources. Readers should contact the cited news sources for the full text of the articles.

Page last reviewed: June 20, 2019