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Louisiana Governor John Bel Edwards Beats Back Republican Attacks on his Coronavirus Order

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A Federal District Judge in the Eastern District of Louisiana has ruled in favor of Louisiana Governor John Bel Edwards in an action brought over his closure of bars, rejecting a request from several bar owners in the New Orleans and Houma areas to enjoin the Governor and declare the order unconstitutional.

Federal Judge Martin Feldman, appointed by President Ronald Reagan in 1983, issued a ruling Monday, August 17th, after a virtual hearing in the matter last week.  In his Order, Judge Feldman wrote that the bar owners made a “strong case,” but failed to overcome the “deference due state officials during this pandemic.”  

“The case turns on a classic ‘who-decides’ question,” Feldman wrote. “As between democratically accountable state officials and a federal court, who decides what measures best protect Louisianans during a global pandemic? The answer is state officials.”

The decision comes after Edwards won a separate legal challenge to his order in a Louisiana state court, and as he defends another suit in federal court.  

“I am pleased that Judge Feldman upheld bar restrictions, which is one of the critical mitigation measures put in place to slow the spread of COVID-19 in Louisiana to protect and save lives,” Edwards said in a statement. “The evidence is clear that mask mandates and closing on-site consumption at bars work, and more than a month after implementing both measures in Louisiana the data shows they are working.”

The bar owners in the action to enjoin the Governor were represented by Jimmy Faircloth, a former top lawyer to then-Republican Gov. Bobby Jindal.  Faircloth is spearheading at least one other legal challenge to the public health order in what many see as a political, rather than legal maneuver.  The State’s Republican Attorney General, Jeff Landry, issued an advisory opinion that called the Governor’s order unconstitutional.  However the AG’s opinion does not hold the force of law and was mostly seen as a pandering political move.  Additionally, the action before Judge Feldman was backed by several conservative Republican state lawmakers, many of whom have sought to undo Edwards’ coronavirus restrictions through a petition. Nearly all state House Republicans also signed onto a letter by Louisiana House Speaker Clay Schexnayder asking Edwards to reopen bars.

Edwards in mid-July ordered bars statewide to close, the same day he mandated masks in an effort to get a grip on spiraling cases and hospitalizations.  Despite the political maneuvering by state Republicans, The Trump White House Coronavirus Task Force backed the move by the Governor as one of the only ways to get infections under control without closing down broad swaths of the economy.  While the restrictions have drawn partisan fire, Edwards has pointed to recent improvement in the state’s coronavirus trends as evidence they are working.  Public health officials and state officials across the U.S. have suggested bars are too risky of a setting to remain open.

Louisiana has seen cases over the past seven days drop by about half compared to a month ago, when Edwards issued his order closing bars and mandating masks, though testing has dipped some. The surge in cases Louisiana experienced in the early part of the summer also led to a rising death toll, and 234 people have died from the virus over the past week.

Asbestos Stopped the Clock

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Asbestos in LSU clock tower
LSU Clock Tower

After almost a hundred years of service, the Louisiana State University (LSU) Memorial Tower in Baton Rouge was ready for restoration, but asbestos stopped the clock tower project when the potentially deadly mineral was found in the interior.

History

The tower was built in the early 1920s in memory of 1,447 Louisiana soldiers who died in World War I. The interior of the tower houses a military museum.

The Memorial Tower clock holds a special place in the heart of students and the community for its chimes. The bells ring every quarter hour until 10 pm and at noon they ring the tune of the university’s alma mater song. On Valentine’s Day, tradition states that receiving a kiss under the tower at the ringing of the chimes at midnight – the only night they ring past 10 pm – confirms a student is now an “official” LSU student.

The 175’ tall building was designed in the Italian Renaissance style and is a landmark in the city.

From its history, it is evident the tower is an important part of Louisiana’s past – from its construction in 1923, to today, and into the future. The restoration will ensure the building and its traditions carry on for future generations of students.

The restoration

Finding asbestos was not completely unexpected, as many buildings in the United States were built using the mineral from the 1920s until the late 1970s. Until renovations began, the asbestos was undisturbed and therefore not a danger. But once substances containing asbestos are handled, fibers can become airborne and inhaled by workers or others who are in the affected area.

When found in the tower, work on the interior was stopped and tests are currently underway. Most other buildings on the LSU campus were also constructed during this time period, meaning that as they are restored, they may also need testing and possibly abatement.

Because the asbestos was discovered at the beginning of the restoration, the university states there is no threat to students or faculty members. As a precaution, remodeling or renovations performed on any commercial buildings, schools, or residences during the time period asbestos was commonly used in construction, may require testing on possible asbestos-laden products before initiating a project.

Exposure to asbestos is a known cause of cancers, such as lung cancer and mesothelioma. At this time, mesothelioma remains a fatal disease. Mesothelioma can go undetected for decades – even 50 years – which makes it a silent killer. Early detection is critical.

Asbestos stopped the clock, but it will chime again

Exterior renovations continue and the entire $6.8 million project should be completed by the 2020 Fall semester. Baton Rouge, especially LSU students and alumni, look forward to enjoying their celebrated clock tower once again.

Photo by: Kkmurray – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=2666826

 

Flintkote in New Orleans: Fifty Years of Asbestos Exposure in Manufacturing

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The Flintkote Company established its product line in Massachusetts for over 30 years before opening a plant in New Orleans in the late 1930s. Thus began forty years of asbestos exposure in manufacturing roofing products and floor tiles in NOLA. 

By 1963, Flintkote had 147 plants, including 21 international. Though they produced gypsum, paper products, pipes, and other cement and asbestos products, their focus was on construction materials throughout the 1970s. But in 1987, Flintkote sold its construction, stone, and cement products units as they turned their attention to their enormous asbestos liabilities.

Flintkote today is known for its asbestos-related lawsuits. The company filed for Chapter 11 bankruptcy in 2004. At that time, they had paid $630 million for over 350,000 asbestos claims with over 155,000 cases yet to be tried at the time of bankruptcy. They remain liable for damages created by their use of asbestos. 

Asbestos exposure in manufacturing

The New Orleans plant was located at Poland Avenue and N. Galvez Street along a waterway that flowed directly into the Mississippi River. Workers handled raw asbestos here while adding it to roofing products and floor tiles. This continued at the New Orleans plant until the late 1970s. 

Results of asbestos exposure

By handling the asbestos with no protection, the microscopic fibers were allowed to permeate the air and, subsequently, enter the lungs through inhalation. These fibers can stay in the lungs for years – or decades – until possibly leading to lung cancer, asbestosis, or the fatal mesothelioma.  

Even today, there are workers fighting for justice after exposure at this plant. If you, or a loved one, believe you were exposed to asbestos, it is critical to see a doctor for regular medical exams. 

Asbestos Job Sites Louisiana

Mishandled Asbestos Removal Temporarily Closed Uptown Lafayette Academy Campus

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Asbestos abatement is always a job for professionals, but in this case mishandled asbestos removal temporarily closed the Lafayette Academy’s Uptown New Orleans location.

There is much finger-pointing in this situation which began in 2017 when the Recovery School District (RSD), run by the state, began renovations of the school as part of the School Facilities Master Plan for Orleans Parish.

The 2017 mishandled asbestos removal

The Lafayette School asbestos removal and renovations began in 2017 with the building’s third floor. While abatement was to begin in May 2017 after students were dismissed for the summer, it has come to light that it began as early as March 2017 while students were in the building – some students even in the asbestos containment areas. Though the RSD claimed, “all environmental laws and regulations regarding hazardous materials were followed,” an inspector wrote in a state report that containment areas were unsecured, students walked the halls in the area, and at least one student peaked into the containment area. The inspector also found the project supervisor falsified his asbestos removal certification and there were boot prints in and out of containment areas which showed workers could easily track asbestos into the halls. The inspector also found an empty classroom was used to store improperly labeled and wrapped asbestos.

In spite of this, the RSD when notified didn’t stop the abatement activities or evacuate the building. However, some scheduling changes were made, such as limiting work hours so that removal was only after school dismissal. The RSD cited air quality tests that showed the air was safe on the day of the 2017 inspection and that their actions were approved by the Louisiana Department of Environmental Quality (LDEQ).

The charter school is run by the Choice Foundation. The CEO of the charter school said there was no notification to him or his staff about the specific issues cited in the report, though he did know some changes had been made. Parents, however, say they should have been informed. One concerned parent said, “For you to get on the news and say that the children were not in school while construction was taking place – that’s a total lie!” As recently as July 13, 2018, RSD chief facilities officer, Ronald Bordelon, stated that the 2017 asbestos removal was “properly completed” before the students returned in August of 2017.

The 2018 mishandled asbestos removal

Asbestos removal resumed in May of 2018 on the first and second floors of the Lafayette School campus on Carrollton Avenue. An LDEQ inspector noted on June 14, 2018 that asbestos was found on the flooring and insulation of the second floor and that holes were in the plastic material that stops asbestos fibers from releasing into other areas during removal, that workers walked in and out of the containment area without changing clothing – even walking around the campus and eating lunch with no clothes change. It is known that asbestos fibers can attach to clothing and be spread to other people, or furniture, which exposes others to inhalation of the deadly fibers.

On July 16th the Choice Foundation was informed by RSD that the contractor failed to follow protocol for asbestos removal. Because the building and its contents may be contaminated, the school is closed until it can be completely cleaned and safe for occupancy. The Orleans Parish School Board was unaware of the 2017 LDEQ report until July 23, 2018. The school board stated, “The Recovery School District was, and still is, responsible for the management and oversight of the building’s renovation. The school board was not involved in the renovation process and therefore was not aware of the LDEQ’s report.”

The contractors

The abatement company was Advanced Environmental Consulting (AEC) out of Baton Rouge. They were hired by the general contractor, Law Industries, also from Baton Rouge. Last week, Law dismissed AEC and the RSD dismissed Law.

The students

This year, the students will be split between several locations until their school is once again a healthy environment. Some will be relocated to the McDonogh building on Kerlerec Street, some to the Paul Dunbar building. The Choice Foundation will make determinations on the locations for the various age groups.

Brett Powers Leads DuBose Law Firm NOLA Office

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In early 2015, DuBose Law Firm opened an office near the central business district in New Orleans to better serve our Louisiana clients.

Brett-Powers - - Mesothelioma Attorney, New Orleans, Louisiana
Brett Powers

Brett Powers, a native of the Crescent City and an attorney experienced in complex tort litigation, including helping clients diagnosed with mesothelioma, was a natural choice to lead the New Orleans office. “I tried a case with Brett in the past and saw his skill, not only in the courtroom, but how great he is with clients,” says firm founder, Ben DuBose. “When we decided to open a New Orleans office, we knew we wanted Brett to head it up.”

Though a native of New Orleans, Brett also lived and practiced law for many years in Lake Charles. “Practicing in Lake Charles taught me many things but the lesson that stands out the most is how important client interaction is to a law practice. When your clients stop into your office on a daily basis, you have to be available to listen and answer their questions.”

In addition to toxic exposures,  he has years of experience involving product liability, pharmaceutical injuries, environmental cleanup, mass torts, hurricane litigation, and personal injury claims.

Brett received his B.A. from Louisiana State University in 1994 and graduated from the Paul M. Hebert Law Center in 1998 with a Juris Doctorate. With 18 years of trial experience, Brett is a trial attorney who is rated AV Preeminent® (4.5-5.0) by the Martindale-Hubbell® Peer Review Ratings™.

He is a member of the Louisiana State Bar Association, State Bar of Texas, American Bar Association, New Orleans Bar Association, Southwest Louisiana Bar Association, American Association for Justice, Louisiana Association for Justice, and Phi Delta Phi.

With our office in Louisiana, and with Brett’s help, we are positioned to make a difference in the lives of those Louisianans victimized by the conduct of others.

DuBose Law Firm, PLLC

Principal Office:
4310 N. Central Expressway
Dallas, Texas 75206
Phone: 214.389.8199

New Orleans Office:
829 Baronne
New Orleans, Louisiana 70113
Phone: 504.581.9322

Sponsored by Attorney Brett M. Powers, licensed in TX & LA