To our friends, clients and colleagues in local and regional government, local and higher education, and the nonprofit sector, welcome to our latest Monday Message from the Public Law Group at McDonald Hopkins. In today’s email, assembled by attorneys Kelsey Smith and Kevin Butler, you’ll find insights into areas of law we’re watching on your behalf.

In today’s edition:

• MH’s Amanda Gordon featured in news piece on Lake County, Euclid erosion control
• Ohio’s updated health order: masks still required amid state’s reopening
• President Biden’s infrastructure plan and how it would impact governments, schools and nonprofits
• New statute effective today bans police restraint and confinement of pregnant women
• Upcoming MH events and webinars

MH’s Amanda Gordon featured in news piece on Lake County, Euclid erosion control

Cheers to our colleague Amanda Gordon, who is featured today in an extensive, front-page Plain Dealer story on how she’s helped 12 Lake County communities and Euclid band together to form the state’s first-ever special improvement district for erosion control. Amanda is a seasoned public finance attorney and a stalwart member of our Public Law team, and with others in the group has been leading Ohio’s efforts to protect properties along Lake Erie from the ravages of wave action and rising water levels. Many congratulations to her and to our friends in city and county administration in Euclid, Lake County and the 12 communities on the fruits of these efforts, which are detailed in the story.

We’re planning an upcoming webinar featuring Amanda and our team that will cover how lakefront property owners and communities can take advantage of these special improvement districts to control erosion along Lake Erie in an affordable way. Stay tuned for more details here in the Monday Message.

Ohio’s updated health order: masks still required amid state’s reopening

Facial coverings remain essential in the latest of Ohio’s public health orders, issued last week. While several public health orders in Ohio were recently rescinded, the new order reaffirms the state’s commitment to a more measured reopening compared with several states that have lifted any face mask requirements. Several exceptions exist within the Ohio order, however, and so those tasked with enforcing it should brush up.

Our Public Law team member Kelsey Smith, who has followed the state’s health orders from the beginning of the pandemic to now, writes more on the new order and the exceptions here – well worth the brief read.

President Biden’s infrastructure plan and how it would impact governments, schools and nonprofits

Today Kelsey Smith also offers an overview of President Biden’s American Jobs Plan, his administration’s $2 trillion infrastructure spending plan unveiled at the end of March. Read Kelsey’s bulleted overview here.

Local and regional governments stand to benefit from the measure, with its focus on traditional highway, street, bridge and underground utility infrastructure replacement and repairs. But the plan also offers hope for those interested in the expansion of public transportation – bus and commuter rail options – and for education systems and nonprofit entities whose missions involve constructing energy efficient and affordable homes, schools and childcare facilities; advancing broadband access to underserved areas; and protecting citizens from the effects of climate change, power grid failures and environmental catastrophes.

Read more from Kelsey on the American Jobs Plan by clicking here. We’ll follow its progress and continue to provide updates in the Monday Message.

New statute effective today bans police restraint and confinement of pregnant women

Today marks the effective date of a new state law, codified at R.C. 2901.10, that generally prohibits law enforcement agencies and courts from restraining or confining women who are pregnant or whose pregnancies have ended within the prior six weeks. Safety directors, police chiefs, court and jail administrators and law directors should all take note, as a violation can be punished both civilly and criminally.

The females protected by the measure are both adults and juveniles, whether they are charged, adjudged delinquent or convicted. “Restraining,” a defined term, means using any shackles, handcuffs, or other physical restraint. “Confining” means placing in solitary confinement in an enclosed space. Limited exceptions apply to permit restraining and confining, but only when the law enforcement agency is in close contact with the pregnant or post-pregnant females’ doctors, and only in emergent or other situations in which the health of the female or her unborn child is not at risk.

Our Public Law team member Kevin Butler has followed the new law closely and is available to assist with guidance.

Upcoming MH events and webinars

A series of upcoming virtual McDonald Hopkins events targeted to those across a broad array of industries may appeal to you.

If you’re involved in healthcare, be sure to book a spot at this Thursday’s 2 p.m. EST webinar titled COVID: Evolving Lessons in Health Law, Session 4: Healthcare M&A - Understanding the Deal Process & Key Legal Issues. Attorneys Richard Cooper and Christal Contini will discuss the state of the market and provide insight on how to navigate the deal process and key legal issues. Register here.

Those in all sectors attempting to protect their intellectual property assets can find value in the April 22 2 p.m. EST webinar – the fourth session in our lauded IP Innovation Webinar Series – titled Stopping IP Infringers Without Expensive Lawsuits, Attorneys Matt Cavanagh, Nicholas Kurk and Mark Masterson will highlight cost effective alternatives to combatting IP infringement that occurs nationally or internationally. Register here.

On May 6 at noon EST, we’ll present What to do When OSHA Appears: What you Need to Know to be Prepared, aimed at preparing you and your organization for an impromptu visit by an OSHA safety officer and ensuring you have plans in place on how to handle those situations. Register here.

Finally, stay tuned for details on the first of several periodic webinars hosted by our Public Law team, set to occur at noon on May 19, in which leading MH employment and public law attorneys discuss employer vaccination plans and protocols in the government, education and nonprofit sphere. Is mandatory employee vaccination necessary for a successful, fully integrated reopening? Is mandatory vaccination lawful? A link to register will be forthcoming in future editions of the Monday Message; for now, mark your calendars.

Feel free to contact any member of the McDonald Hopkins Public Law team if you have questions or need assistance on any of the matters we’ve covered above or with your legal needs in general.

Teresa Metcalf Beasley
Chair, Public Law