So, There’s A Waiver? So What?!

Among the clamor around President Trump’s campaign rally in Tulsa, OK, on June 20, 2020, is the request by his campaign that attendees sign a waiver releasing the President and his minions from any liability should participants contract COVID-19. But actually, the disclaimer is a rather common prerequisite cover-your-ass move by anyone holding a public event, and there’s a huge chance you’ve agreed to one – knowingly or unknowingly – to abide by such a request at some point in your life.

In layman’s legalize, the waiver is referred to as an “assumption of risk,” which is explained as:

 “…an affirmative defense that may be available to some defendants in personal injury lawsuits. The law has determined that certain activities come with an innate risk, and plaintiffs who voluntarily participate in these activities — and become injured as a result — can not sue based on a negligence theory. In other words, the defense holds that people who choose to do certain dangerous activities can’t turn around and hold others liable when they’re injured as a result of those activities.”

So, if you’ve ever attended a professional baseball game or ice hockey contest you’ve “signed” such a disclaimer. It’s the really small print somewhere on the ticket you purchased that states if you get hit and suffer injury by an errant bat, ball, stick or puck you can’t sue the team and/or arena and/or the city. Of course, there’s a lot more to it (i.e., Were safety precautions in place? Did you follow those safety precautions? etc.) but that’s the main gist. Even the sign at the restaurant Coat Check room stating “Management is not responsible for lost or stolen items” is an example of a type of assumption of risk waiver. They’re everywhere! The fact there’s a disclaimer for a political rally – any political rally — really isn’t surprising.

What makes this Cable TV talking-head-worthy is the seeming hypocrisy that such a release is necessary if, as the president and Vice President Mike Pence gaslight America, the virus is disappearing and practically eradicated. Fearful of those seeking compensation from contracting a potentially fatal virus indicates the Trump Campaign believes there’s an actual chance someone may encounter a potentially fatal virus.

According to the Tulsa Health Department, the number of confirmed cases in Tulsa have been rising steadily on a daily basis. From June 7, 2020, to June 18, 2020, the number of confirmed cases drastically increased from 8 to 125 daily; the largest groups contracting the virus were white (33%) and 50 years old and older (34%). These same two groups made up the largest number of fatal cases, too (50+: 94%; white: 74%).

There’s also discussion about whether attendees will be wearing masks. The CDC recommends wearing a mask to suppress the spread and the campaign has said it will distribute masks but won’t require their use. But it’s hard to imagine anyone actually wearing their commemorative mask since the anti-mask president thinks such an action is a direct condemnation of him. The campaign won’t comment on social distancing, but Trump has already said he doesn’t want face masks or social distancing at the National Convention so it’s safe to assume there won’t be any in Tulsa.

So yes, a campaign rally in Tulsa, OK, seems like the perfect breeding ground where Trump Troop will contract the “disappearing” enemy.

So, there’s a waiver. So what?!

At this point in the pandemic, grown-ups can make up their own minds about how much they want to protect themselves and their family and friends with whom they may come into contact. They can’t ignore the request from a commercial business like a food or retail store to wear a mask; it’s no different than a sign that says, “No Shoes, No Shirt, No Service.” But if they understand and sign the Trump waiver, they do so of their own free will, at their own risk, and are free to stand shoulder-to-shoulder and scream, cheer, yell, and bath in each other’s spittle.