Does anyone have any experience as to whether the Army Corps of Engineers can enter into contracts directly with private hospitals to expand their capacity or does it always have to be through a state or local municipality? bsa Beth-Sherri Akyereko Assistant General Counsel - Office of the General Counsel District of Columbia Department of General Services 2000 14th Street, NW., 8th Floor Washington, DC 20009 Direct Dial: 202-698-1603 Beth.Akyereko@dc.gov<mailto:Beth.Akyereko@dc.gov> [DGS Logo (Email Signature)] [DGS Facebook][DGS Instagram][DGS Twitter] STATEMENT OF CONFIDENTIALITY: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message Metadata: This e-mail transmission and any accompanying material may contain embedded metadata. Any included metadata is confidential or privileged information and is not intended to be viewed by a non-client recipient. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 1:52 PM To: Elizabeth Hundley <ElizabethH@cctexas.com>; Amanda Kellar <akellar@imla.org>; disasterrelief@lists.imla.org; Bobby Outten <comgr@darenc.com> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures CAUTION: This email originated from outside of the DC Government. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. If you believe that this email is suspicious, please forward to phishing@dc.gov<mailto:phishing@dc.gov> for additional analysis by OCTO Security Operations Center (SOC). The Texas AG's letter does not address the line of case law which consistently holds that temporary infringements on constitutional rights are permissible during a state of emergency so long as (1) there is sufficient legal authority to impose the restrictions; and (2) there is a showing that the restrictions are reasonably necessary to protect public health, safety, and welfare in response to the threat presented (including that the restrictions are not vague or overbroad, subject to arbitrary enforcement, or imposed in bad faith or with a pretextual motive). [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Elizabeth Hundley <ElizabethH@cctexas.com<mailto:ElizabethH@cctexas.com>> Sent: Thursday, April 9, 2020 12:35 PM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures The Texas AG just chimed in on such a matter. Please see attached. From: Elizabeth Hundley Sent: Thursday, April 9, 2020 11:34 AM To: Houston, Norma <nhouston@sog.unc.edu<mailto:nhouston@sog.unc.edu>>; Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: RE: Resource for Preemption Issues Re: Public Health Measures From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Houston, Norma Sent: Thursday, April 9, 2020 7:36 AM To: Amanda Kellar <akellar@imla.org<mailto:akellar@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>; Bobby Outten <comgr@darenc.com<mailto:comgr@darenc.com>> Subject: Re: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com<mailto:SecurityAlert@cctexas.com>. ] ] ________________________________ Hi Amanda: We are starting to see this type of action in NC (https://www.pilotonline.com/news/vp-nw-dare-lawsuit-20200408-d46mprn4vbdvbhbg5yawrxw6ju-story.html - this case pending; https://www.newsobserver.com/news/coronavirus/article241572196.html - this case settled) I'm looping in Bobby Outten, County Manager and County Attorney for Dare County, NC, where the case against the county's limited entry restriction was just filed (first story linked above). May I share your offer on our local government lawyers listserv so that your offer of assistance will be more widely disseminated to our local government lawyers here in NC? Many thanks for all you are doing and for IMLA's leadership in these extraordinary times, Norma [http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston Lecturer in Public Law and Government The University of North Carolina at Chapel Hill Campus Box 3330, Knapp-Sanders Building Chapel Hill, NC 27599-3330 T: 919.843.8930 www.sog.unc.edu<http://www.sog.unc.edu/> E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Amanda Kellar Sent: Thursday, April 9, 2020 7:12 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Resource for Preemption Issues Re: Public Health Measures Good morning, I wanted to pass along a resource for those of you facing state preemptive measures in the context of the COVID-19 pandemic. Here is a message from the groups working on this: Public Rights Project and Local Solutions Support Center have been working together to strategize on preemption issues arising out of the COVID-19 crisis--in particular around state preemption of localities seeking to adopt more protective ordinances and policy to address COVID-19. If you are presently dealing with any of these issues, or are concerned about preemption of local efforts to continue to protect residents as the crisis winds down, we would love to hear from you. We may be able to provide technical assistance and are considering affirmative strategies to push back against preemption of local public health efforts. Please get in touch with LiJia Gong (lijia@publicrightsproject.org<mailto:lijia@publicrightsproject.org>, 301-335-3828) and Laura Huizar (lhuizar@nelp.org<mailto:lhuizar@nelp.org>, 407-758-9824) if you have any interest. Thanks, Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image019.jpg@01D60E77.498CCE30]<http://www.facebook.com/IMLA-259977855541/> [cid:image020.jpg@01D60E77.498CCE30] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image021.jpg@01D60E77.498CCE30] <http://twitter.com/imlalegal> [cid:image022.jpg@01D60E77.498CCE30] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Virtual Mid-Year Seminar<https://imla.org/events/seminars>, April 20-24! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! For the latest information on the District Government's response to COVID-19 (Coronavirus), please visit coronavirus.dc.gov<https://coronavirus.dc.gov/>.