¶ Point/counterpoint: Is tort reform necessary to prevent frivolous lawsuits, or a way for corporations to escape liability for harming American citizens? Dear Editor: Hispanic-run businesses are the backbone of Florida’s economy. They make up over 30 percent of the state’s small business sector, with well over 780,000 businesses providing muchneeded goods, jobs, and services to their communities. Ask any official, and they’ll tell you how vital Hispanic businesses are to the constituents in their districts. But while politicians are always happy to talk about supporting them, far fewer back those words up with action. The issue of the “tort tax” — the cost of frivolous lawsuit abuse on citizens and businesses — has increasingly held back our community’s chance at growth, and the time for action is now. Citizens Against Lawsuit Abuse (CALA) recently released a study showing that the tort tax increased in Florida to over $800 per person over the last year, one of the highest in the country. The tax has increased by nearly $100 since 2019, the same year the Florida State Hispanic Chamber of Commerce (FSHCC) was fighting for reform but came up short. Unlike most states, Florida worked hard during the pandemic to keep businesses open while maintaining common-sense health and safety guidelines. But in the absence of meaningful tort reform, many struggling shops and service centers are still under threat from crushing litigation. Florida still has a long way to go to right its economy, and the last thing our state needs is more bankruptcies, fewer employers, and more supply chain issues. That’s precisely what will happen should lawmakers in Tallahassee abandon those they promised to represent during the last round of elections. We won’t forget the next time you come to our businesses for a photo op or ask our community leaders for a ringing endorsement. We especially won’t forget at the ballot box in November. Lawmakers like State Senator Randolph Bracy and State Representative Joy GoffMarcil have the power to end this hardship for everyone. Now it’s time to see if they have the willpower to do so. — Clarimar Berrios, Orlando Editor’s note: Ms. Berrios is an Orlando notary public and the wife of Gary Berrios, a member of Sen. Rick Scott’s staff. Since 1991, “tort reform” advocates have set up dozens of tax-exempt groups in at least 18 states (currently there are 26 active groups) with consumer-friendly names like Citizens Against Lawsuit Abuse, Stop Lawsuit Abuse, Lawsuit Abuse Watch, and People for a FAIR Legal System. These groups are known as “CALAs.” While CALAs represent themselves as grassroots citizens groups, and they say they are sustained by small donations from ordinary citizens, they actually represent major corporations and industries seeking to escape liability for the harm they cause
consumers. The money trail from these groups leads directly to large corporate donors, including tobacco, insurance, oil and gas, chemical and pharmaceutical companies, medical associations, and auto manufacturers. They are also funded by the American Tort Reform Association (ATRA), as well as professional associations, local businesses and industries that also wish to be shielded from consumer lawsuits. The tobacco industry has spent millions of dollars a year (and in at least one year $15 million) supporting ATRA, state CALAs, and other activities to weaken tort laws in many states. Tobacco money has gone directly to ATRA, APCO, and state organizations. It has also been indirectly funneled to the cause through law firms, trade associations and lobbyists. The CALAs’ strategy and message has been coordinated by ATRA and its public relations consultant APCO Associates, which supply the groups with strategic guidance, media training, and pre-produced radio, television, print advertising and billboards designed for maximum media exposure and legislative impact. Other regional and national political consultants and polling firms has helped tailor the CALA message to local concerns. Although CALAs are tax-exempt nonprofit organizations prohibited from endorsing candidates or contributing to campaigns, they try to exercise considerable electoral influence, often in coordination with local business associations and Political Action Committees. One focus since the mid1990s has been to ensure the election of pro-industry state judges and the defeat of judges who typically support plaintiffs’ verdicts or have voted to strike down state tort law restrictions as unconstitutional. The CALA message is a sly deception designed to appeal broadly to patriotic, hard-working Americans, many of whom will ultimately serve on juries. At its core, the message equates the efforts of injured consumers to recover damages from those responsible with “lawsuit abuse.” Unfortunately, many jurors around the country have been influenced by this erroneous message due to the marketing campaign of ATRA, APCO and the CALAs, and as a result, statistics reflect juries’ increasingly antagonistic attitude toward injured plaintiffs. — The Center for Justice & Democracy at New York Law School Editor’s note: The Center for Justice & Democracy is a consumer rights organization dedicated to educating the public about the U.S. civil justice system, founded by former Ralph Nader staff attorney Joanne Doroshow and other consumer advocates. Send letters to feedback@orlandoweekly.com. orlandoweekly.com
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MARCH 16-22, 2022 ● ORLANDO WEEKLY
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