What to know
CDC's Public Health Law Program (PHLP) works to improve the health of the public by performing research, creating tools, and providing training to help practitioners understand and make law and policy decisions.
Announcements
Call for Abstracts | 2025 Preparedness Summit: Pathways to Recovery in the Aftermath of Disasters
The 2025 Preparedness Summit will be held April 29 to May 2, 2025, in San Antonio. Public health, healthcare, disaster relief, and emergency management professionals are invited. Attendees can showcase and share research findings, training models, tools, and other resources. These resources will focus on advancing public health and healthcare preparedness and response. The abstract submission period closes on September 13 at 11:59 pm PDT. Conference registration is now open with a Summer Special rate through September. Learn more and submit.
Registration Open | Open Forum: Next Generation (NxGen)
The Open Forum: Next Generation (NxGen) offered by the National Coordinating Center for Public Health Training will be held in Chicago from September 18–20. Open Forum: NxGen aims to bridge the gap between seasoned professionals and the next generation by facilitating discussions, workshops, and mentorship opportunities. It envisions pairing those actively involved in applied equity, community-based organizations, and policy development with individuals eager to learn and engage in meaningful discussions. Learn more and register.
Tribal Announcements
Registration Open | 2024 Tribal Healing to Wellness Court Implementation and Enhancement Training
The theme of the 2024 Tribal Healing to Wellness Court Implementation and Enhancement Training is "Reclaiming Indigenous Justice." This training will be held in Phoenix from September 18–20. The training is oriented around the Tribal Ten Key Components and All Rise Adult Treatment Court Best Practice Standards. This training focuses on tribal issues, including jurisdictional and legal issues unique to Indian country. It incorporates custom and tradition into the phases, case management, treatment curriculums, tangential services, and the peer-to-peer sharing of successful Healing to Wellness Courts models in operation. Training topics will cover adult criminal, juvenile justice, family dependency, DWI/DUI, and veterans models. Learn more and register.
Job Opportunity | Public Health Policy & Programs Project Coordinator (Climate & Environmental Health), National Indian Health Board
The National Indian Health Board (NIHB) seeks an experienced public health professional to work on current and future public health projects and initiatives. The position will focus on creating and coordinating projects aimed at improving tribal environmental justice and health. The position will work on a team with an environmental health program director, manager, coordinators, associates, and interns. The coordinator will collaborate with colleagues in the Public Health Policy & Programs Department and organization-wide, to coordinate and implement public health events, including the NIHB National Tribal Public Health Summit. Learn more and apply.
Job Announcements
Job Opportunity | Project Associate – O’Neill Institute of National and Global Health Law, Georgetown University Law Center
The Project Associate will work on projects and/or academic research projects and explore new policy areas - including preparation of white papers, organization of research colloquia, administration of expert meetings, coordination of interdisciplinary research team, and grant writing. Their academic projects involve working closely with faculty to produce scholarly works for publication. In some case, this work will result in joint publication. Learn more and apply.
Legal Tools & Trainings
Resource | 2021-2022 Racial Equity Dataset: A Searchable Collection of Laws Related to Racial Equity
In the wake of the renewed racial justice movement in 2020 and the COVID-19 pandemic, many jurisdictions across the country enacted laws to address health disparities and advance racial equity, while others enacted laws that may impede these goals. Created by the Network for Public Health Law, this searchable dataset features the laws that were enacted, and that were still in effect on December 31, 2022. Learn more and access the resource.
Resource | Healing Across Generations: Addressing the Impact of Intergenerational Trauma Through Policy Interventions
When viewed as a racial, social justice, and public health issue, intergenerational trauma affects several communities (Black Americans, immigrants, Holocaust survivors, Japanese Americans, and Indigenous People) differently. This article by the Network for Public Health Law also explores some promising policies, which when implemented in collaboration with impacted communities, can help to address the harms of intergenerational trauma. Learn more and access the resource.
Resource | Harm Reduction Policies for Perinatal Substance Use Instead of Criminalization: Better Outcomes for Families
The evidence shows that the criminalization of substance use leads to worse health outcomes for pregnant and postpartum people who use drugs (PPWUD) and their babies. Despite this evidence, many states continue to prioritize punitive measures for PPWUD. Others, however, are beginning to embrace a harm reduction approach to perinatal substance use. This article by The Network for Public Health Law explores perinatal harm reduction strategies to improve health outcomes for pregnant people and infants. Learn more and access the resource.
Resource | Roots of Health Inequity Course Series
The National Association of County and City Health Officials is excited to offer Roots of Health Inequity, a free online course designed to equip you with the knowledge and skills you need to address the root causes of health inequities. This interactive course series delves into the social, economic, and environmental factors that contribute to unequal health outcomes. Learn more and access the resource.
Webinar | Restorative Justice in the West
Part of the Restorative Justice: A Regional Lens webinar series, this session on September 25 from 3:00–4:30 pm (EDT) focuses on restorative justice in the West and features community-based organizations and practitioners committed to implementing restorative approaches that promote accountability and healing within communities and function alongside or outside the criminal legal system. Presenters will share recommendations for implementing restorative justice based on their experience. Learn more and register.
Top Story
National: Public health experts concerned about restrictive laws turning H5N1 bird flu into a lethal outbreak
The Guardian (08/30/2024) Melody Schreiber
[Editor's note: learn more about the role of public health law in emergency response]
Story Highlights:
Public health experts are raising alarms that the United States is on the verge of repeating critical errors in its response to the H5N1 bird flu virus, mirroring the shortcomings witnessed during the COVID-19 pandemic. In a recent article published in the New England Journal of Medicine, Gregg Gonsalves, an associate professor of epidemiology at Yale School of Public Health, expressed concern about the current response to the H5N1bird flu virus.
The response to H5N1, like COVID-19, is being undermined by insufficient testing, poor surveillance, and a fragmented approach to public health. These systemic challenges are compounded by restrictive laws enacted since the start of the COVID-19 pandemic, which have further constrained the ability of public health authorities to act swiftly and decisively. Gonsalves warns that the U.S. remains unprepared for the next pandemic, despite the ongoing spread of H5N1 on American farms and the ever-present threat of the virus mutating into a form that could spread among humans. The article underscores the urgent need for the US to enhance its public health infrastructure, improve coordination across federal, state, and local agencies, and address inequities in healthcare access. By strengthening pandemic preparedness and correcting these systemic flaws, the nation can better protect public health and avoid repeating the costly mistakes of the past.
Briefly Noted
National: US Supreme Court allows family planning grant cut in Oklahoma abortion dispute
Reuters (09/03/2024) Andrew Chung
[Editor's note: Learn more about reproductive health.]
California: Council makes changes to camping laws
Turlock Journal (08/28/2024) Joe Cortez
[Editor's note: Learn more about public health and homelessness.]
Illinois: Pritzker signs bill requiring climate change education in Illinois public schools
NCSE (08/13/2024) Mike Miletich
[Editor's note: Learn more about Guidance and Trainings | Climate and Health]
Kentucky: Vape Retailers Renew Legal Challenge Against 2024 Kentucky Law
Kentucky Lantern (08/27/2024) Sarah Ladd
[Editor's note: Learn more about E-Cigarettes Vapes]
Louisiana: Surge of Child Vaccination Opt Outs in Louisiana
Red River Radio (08/13/2024) Jeff Ferrell
[Editor's note: Learn more about vaccination and immunization]
Massachusetts: Massachusetts Voters Support Increase in Alcohol Taxes
Boston University School of Public Health (08/1/2024)
[Editor's note: Learn more about minimum pricing policies- Alcohol Use
Nevada: Lawsuit challenging state-managed public health insurance option dismissed
Insurance NewsNet (08/16/2024) Tabitha Mueller
[Editor's note: Learn more about health care access.]
New York: A New York county banned face masks in public. Disabled people are suing.
The Washington Post (08/27/2024) Anumita Kaur
[Editor's note: Learn more about masks and respiratory viruses prevention.]
Oregon: Oregon law rolling back drug decriminalization set to take effect
AP News (08/30/2024) Claire Rush
[Editor's note: Learn more about the treatment of substance use disorders]
South Dakota: Sanford Health to end partnership with Humana Medicare Advantage
KXLG (08/31/2024) Steve Jurrens
[Editor's note: Learn more about healthcare access]
Vermont: Vermont health insurance costs are among the highest in the nation — and rising quickly
VTDigger (08/27/2024) Peter D'Auria and Erin Petenko
[Editor's note: Learn more about health care access and quality]
Wisconsin: Wisconsin Department of Health Updated its vaccination requirements
Post Crescent (08/28/2024) Madison Lammert
[Editor's note: Learn more about vaccines for children]
Global Public Health Law News
Global: UNICEF announces emergency tender to buy mpox vaccines
University of Minnesota CIDRAP (09/03/2024) Lisa Schnirring
[Editor's note: Learn more about Emergency Preparedness]
Global: WHO declares Monkeypox in Africa a global public health emergency
Healio (08/14/2024) Stephen Feller
[Editor's note: Learn more about Public Health Emergency Preparedness (PHEP)]
Indonesia: Indonesia: GR 28 unveiled – Implementing regulation of the Health Omnibus Law is finally starting to kick off
Global Compliance News (09/02/2024) Cahyani Endahayu, Reagen Mokodompit, Nadia Andika and Kerin Dharmawan
[Editor's note: Learn more about Law and Public Health]
Palestine: Large-scale polio vaccinations begin in war-ravaged Gaza after first case in 25 years
AP News (09/02/2024) Wafaa Shurafa and Samy Magdy
[Editor's note: Learn more about polio vaccination]
Poland: Poland expands abortion access with new medical guidelines
Relaxation of Abortion Rights
Jurist News (08/31/2024) Tiffany Rojas
[Editor's note: Learn more about Reproductive Health]
Court Filings & Opinions
Arizona:
The Arizona Court of Appeals upheld a permanent injunction requiring the City of Phoenix ("the City") to clear homeless encampments in an area known as "the Zone," affirming that the City was responsible for maintaining public property it owns and controls free from public nuisances.
The City of Phoenix argued that it was not responsible for the public nuisance caused by third parties in the Zone and that the injunction exceeded legal limits. The court found that the City's ownership and control of the public property in the Zone made it liable for abating the nuisance, as Arizona law holds landowners responsible for nuisances on their property. The court clarified that the injunction only applied to property owned and controlled by the City, not by other public entities or private parties.
The court concluded that the City was properly held accountable for the public nuisance on its property, and the injunction was affirmed with the clarification that it only applies to public property within the Zone that the City owns and controls.
Brown v. City of Phoenix
Court of Appeals of Arizona, Division One
Decided August 27, 2024
Consolidated Case Numbers: 1 CA-CV 23-0273, 1 CA-CV 23-0689
Opinion by Presiding Judge Samuel A. Thumma
Ohio
The Ohio Court of Appeals affirmed the revocation of licenses for four residential facilities operated by "My Friend's Place in Unity" and related entities, upholding the Ohio Department of Mental Health and Addiction Services' ("the Department") decision.
The court found that the Department had provided sufficient evidence of numerous violations, including failure to maintain proper food supplies, cleanliness, and medication management. The appellants' arguments, including claims of unconstitutional searches and seizures, lack of due process, and ambiguity in the relevant statutes, were rejected because they were either procedurally barred or unsupported by the record.
The court held that the revocation of the appellants' licenses was supported by reliable, probative, and substantial evidence, and the Department's actions were in accordance with
My Friend's Place in Unity et al. v. Ohio Department of Mental Health and Addiction Services
Court of Appeals of Ohio, Tenth District
Case Number: No. 24AP-47.
Decided August 27, 2024Opinion by Justice Luper Schuster
Federal
The Ninth Circuit Court of Appeals affirmed the district court's dismissal of a complaint by Andrew Sablan Salas ("Salas"), who challenged the application of a federal cockfighting prohibition to the Commonwealth of the Northern Mariana Islands ("CNMI").
Salas argued that the Covenant governing the CNMI's relationship with the United States precluded the application of the federal law prohibiting cockfighting. The court found that since the relevant statute existed prior to 1978, Covenant § 502, which applies to laws in existence on January 9, 1978, and their subsequent amendments, governed the case. The court held that the statute was applicable to the CNMI under § 502 and that even if Covenant § 105 applied, the statute would still be enforceable due to its applicability to the states and the significant federal interests it served.
The court concluded that 7 U.S.C. § 2156 and its 2018 amendment, which prohibits cockfighting, apply to the CNMI under Covenant § 502, and affirmed the district court's judgment.
Salas v. United States
United States Court of Appeals, Ninth Circuit
Case Number: No. 22-16936.
Decided August 27, 2024
Opinion by Judge Lucy Koh
Federal
The First Circuit Court of Appeals upheld the district court's summary judgment in favor of the United States, affirming the permanent disqualification of Alam & Sarker, LLC from participating in the Supplemental Nutrition Assistance Program ("SNAP") due to evidence of trafficking in SNAP benefits.
Alam & Sarker, LLC, operating as Star Market ("the Market"), was accused by the USDA of trafficking in SNAP benefits based on irregular transaction patterns, including unusually high-dollar transactions and rapid, back-to-back transactions. The Market challenged the USDA's decision but was unable to provide sufficient evidence to rebut the strong inference of trafficking. The court rejected the Market's claims that the USDA's evidence was insufficient and that the Market was denied due process.
The court held that the transaction data provided by the USDA was sufficient to support the inference of trafficking, and the Market failed to meet its burden of proving that its conduct was lawful. Therefore, the summary judgment in favor of the USDA was affirmed, and the disqualification of the Market from SNAP was upheld.
Alam & Sarker et al. v. United States
United States Court of Appeals, First Circuit
Decided August 27, 2024
Case Number: No. 23-1990.
Opinion by Circuit Judge Bruce M. Selya
COVID-19 Court Filings & Opinions
Washington COVID-19
Alaska Airlines appeals a jury verdict finding that the Board of Industrial Insurance Appeals (Board) incorrectly denied Lisa Azorit-Wortham's workers' compensation claim. Alaska Airlines argues the trial court improperly instructed the jury on the traveling employee doctrine in the context of an occupational disease. Alaska Airlines also argues substantial evidence did not support the jury's verdict. Since the traveling employee jury instruction misstated the law and the presumption of prejudice has not been overcome, we reverse and remand for a new trial.
Lisa M. Azorit-Wortham v. Department of Labor & Industries et al.
Court of Appeals of Washington, Division II
Decided August 27, 2024
Case Number: 58389-5-II
Opinion by Acting Chief Judge Bernard F. Veljacic
Quote of the month
"Right now, the imminent risk is low and we haven't seen human-to-human transmission. But the point is, we don't wait for that to happen."
[Editor's note: This quote is by Gregg Gonsalves, associate professor of epidemiology at the Yale School of Public Health, from the above article, Public health experts concerned about restrictive laws turning H5N1 bird flu into a lethal outbreak Melody Schreiber, The Guardian (08/30/2024).]
About Public Health Law News
CDC's Public Health Law Program (PHLP) works to improve the health of the public by performing research, creating tools, and providing training to help practitioners understand and make law and policy decisions. Every month, PHLP publishes the Public Health Law News with announcements, legal tools, court opinions, job openings & more.
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