Page 30 - Briefcase Volume 38 Number 1
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COVID RESPONSE
             “Today the market for donations for the local fund is   JUVENILE ADVOCATES URGE
             local and not global. Everybody globally has their own
             COVID-19 fallout.”                                 MONITORED RELEASE OF YOUTH
             Valerie Maher, the lead economic development specialist   OFFENDERS AMID COVID-19
             for the U.S. Small Business Administration in Houston,   PANDEMIC DURING UHLC SEMINAR
             provided a number of programs and resources available to
             small businesses that have been impacted by the pandemic.

             Maher said an available financial option for businesses is
             the Coronavirus Aid, Relief, and Economic Security Act,
             which was signed into law on March 27.
             “Businesses are given two loan choices, and they can pursue
             both the Economic Injury disaster Loan and Paycheck
             Protection Program,” Maher said. “The business needs to
             be in an affected area, which everyone is, and needs to meet
             size standards as well as other eligibility criteria.”
             Koby Wilbanks ’13, a senior associate at Murrah & Killough,
             PLLC, discussed options for businesses when considering
             contractual considerations under COVID-19. The primary
             focus of her presentation was force majeure, defined as   A continuing legal education session hosted by the University of
                                                                 Houston Law Center’s Center for Children, Law & Policy informed
             unforeseeable circumstances that prevent the fulfillment of   attorneys of the current challenges youth in detention face because
             a contract.                                         of COVID-19.
             “Force majeure is generally considered to be an act of God,   Members of the Juvenile Division in the Harris County
             something outside the party’s control. Some case law states   Public Defender’s Office said current detention conditions
             that acts of God are considered natural disasters, and some   are not appropriate for the confinement of youthful
             case law is more broad in definition.”             offenders amid the spread of the coronavirus.
             “What matters is the terms of your contract, because there
             is no common law force majeure. You only get the defense   Their remarks were made at the “Youth Advocacy in
             of force majeure if it is included in your contract and it is   COVID-19” event in April presented by the University of
             defined according to the contract.”                Houston Law Center’s Center for Children, Law & Policy
                                                                via video conference on Zoom.

                    “We hope the program                        “It’s really a horrific situation, and the Constitutional
                                                                rights of young people are definitely being violated,” said
              provided helpful information                      Ellen Marrus, director of the Center for Children, Law &
                                                                Policy and Royce Till Professor of Law. “That means more
             when addressing the challenges                     pressure has to be applied to insure the physical and mental

               small businesses face during                     health safety of our youth and the community.”
                                                                “As the COVID-19 pandemic continues to develop, the
                  this public health crisis.”                   Center for Children, Law & Policy will continue to host
                                                                more events like this and other CLEs during the summer to
                                                                help defenders.”
             Rebecca Baker a partner in the Houston office of Bracewell   Assistant Public Defender Christopher Sailer shared his
             LLP and chair of the firm’s labor and employment practice
             group, described the impact that recent legislation will have   thoughts on the issue.
             on small businesses.                                “What we’re really trying to focus on going forward is
             “What we witnessed in March was really an unprecedented   presenting to judges that the Harris County Juvenile
             action by the federal government to pass legislation that for   Detention Center by its design and the facts of its operation
             the first time mandates employers provide certain forms of   is not capable of preventing the spread of the illness,” Sailer
             paid leave,” Baker said.                           said. “Any time you have a kid in JDC, they are at risk of
                                                                contracting and spreading COVID-19. That’s why we really
             “The really interesting aspect of all of this legislation was it   want to get every kid possible out of JDC.”
             affects only employers with fewer than 500 employees. It’s
             a very significant change for small employers, particularly   “When our society is essentially on a lockdown, it promotes
             those with less than 50 employees.”                public health and safety in many ways to get kids out and


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