I had meant to respond to all and apparently did not. From: Bob Famiglio, K3RF Sent: Tuesday, January 26, 2021 2:04 PM To: 'k5ur@aol.com' <k5ur@aol.com>; 'hopengarten@post.harvard.edu' <hopengarten@post.harvard.edu> Cc: 'ecasey@arrl.org' <ecasey@arrl.org> Subject: RE: [arrl-odv:31843] Re: September 11th Hamfest in Maine There is little experience at law with the COVID liability issues with what I see in the Continuing Legal Education Market. Most of the new classes I am solicited to take from the Federal Bar Association seem to concern COVID-19 and liability. Lots of for-credit seminars on what the answer may be. Few seem to really not know yet how this will play out. One ancillary issue we might check is whether our insurance carriers have excluded this general kind of claim. They do typically exclude for such things as public uprising, terrorism or unrest, maybe “Plagues” or pandemics or whatever is excluded. But not always. Reading the exclusions to the exclusions with additional coverage added back in the terms found in a policy jacket can be a challenge even for those of us that analyze coverage, refusal of coverage or coverage with reservations of rights when a client is sued. But, someone should look at that to determine our safety net, if any, for tort claims of serious illness or death from COVID-19. Even if we do not sanction or control ham fests, we might get included and cost of defense can be enormous. Someone will claim we should have set guidelines. No matter what we do, we have some risk that is just part of operating. Knowing of seemingly remote risks in advance is a good step. The new strains are a more serious threat of transmission. Just when we saw the light at the end of the tunnel. Barry’s response seems well considered, BTW. Bob Famiglio, K3RF Vice Director - ARRL Atlantic Division 610-359-7300 www.QRZ.com/db/K3RF <http://www.QRZ.com/db/K3RF> From: arrl-odv On Behalf Of Roderick, Rick, K5UR via arrl-odv Sent: Tuesday, January 26, 2021 1:25 PM To: hopengarten@post.harvard.edu <mailto:hopengarten@post.harvard.edu> ; arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org> Cc: ecasey@arrl.org <mailto:ecasey@arrl.org> Subject: [arrl-odv:31843] Re: September 11th Hamfest in Maine Hi all: With Director Baker's permission, I'm forwarding an email string below regarding a hamfest in Mickey's Division where the issue of sanctioning came up last August. You will see his response and also the response of Barry Shelley who indicated he'd checked with corporate counsel. ARRL sanctioned the event. I don't know whether Barry got a legal opinion in writing or over the phone. Mr. Minster can check the file to see. 73, Rick - K5UR Shelley, Barry, N1VXY (CEO) bshelley@arrl.orgHide <mailto:bshelley@arrl.orgHide> To Chris Durso watchguy.durso@gmail.com <mailto:watchguy.durso@gmail.com> Cc Roderick, Rick, K5UR (President) K5UR@arrl.org <mailto:K5UR@arrl.org> , Baker,Mickey,N4MB (Dir, SE) fishflorida@gmail.com <mailto:fishflorida@gmail.com> , Casey, Eric KC2ERC ecasey@arrl.org <mailto:ecasey@arrl.org> Chris: I reached out to ARRL’s corporate counsel regarding our sanctioning of hamfests and conventions. As Director Baker has already noted, sanctioning is a process we’ve reserved for Directors of the organization and is available to Affiliated Clubs for their events. Counsel’s opinion is, for all intents and purposes, the same as the response you received from Director Baker. Affiliated clubs operate independently from the ARRL. In addition, ARRL does not exercise control over the activities of Affiliated Clubs and, accordingly, ARRL does not assume liability for their activities. The sanctioning of any event, whether held by an Affiliated Club or any other entity, does not change the legal relationship between ARRL and the entity hosting the event. Whether an attendee of the event may incorrectly make an association between the event host and a sanctioning entity should not influence ARRL’s decisions and actions, nor does it. Rather, ARRL’s decisions must be based upon its consideration of the facts and, where appropriate, the applicable legal authority and other guidance. The situation with COVID-19 is constantly evolving and community experiences are diverse and varied. As you know, a community with a low incidence of the virus today may become the next hotspot tomorrow. This is even more reason why the independence of Affiliated Clubs is important. The Affiliated Club is in the best position to know the circumstances in its local community and to implement and enforce local guidelines related to hosting events during COVID-19. We rely on the Affiliated Clubs to do the right thing based upon their community situation. As such, ARRL has historically not controlled whether an event goes forward or is cancelled. I appreciate your concerns and I assure you, ARRL takes them seriously. I realize this may not be the response you wanted, but I agree with Director Baker and am comfortable with our decision not to intervene. Thank you for your continued support of the ARRL. 73, Barry J. Shelley, N1VXY Interim Chief Executive Officer From: Chris Durso <watchguy.durso@gmail.com <mailto:watchguy.durso@gmail.com> > Sent: Monday, August 24, 2020 10:56 AM To: Pereira, Carla, KC1HSX <cpereira@arrl.org <mailto:cpereira@arrl.org> >; Shelley, Barry, N1VXY (CEO) <bshelley@arrl.org <mailto:bshelley@arrl.org> > Subject: Fwd: Melbourne Hamfest - response from ARRL Rick, Barry, and Eric, I have been waiting patiently to hear from you as ARRL officials regarding my question of ARRL sanctioning of hamfests during our nationwide pandemic. Is there a reason that you are ignoring a question from a League member on a legitimate question regarding a potentially life threatening policy position? I very much want to understand the position of the League regarding its sanctioning of hamfests during the COVID-19 pandemic. What does League counsel think regarding the best way to address my concerns? I look forward to hearing from you very soon. 73, Chris AA4CD ---------- Forwarded message --------- From: Chris Durso <watchguy.durso@gmail.com <mailto:watchguy.durso@gmail.com> > Date: Tue, Aug 11, 2020 at 10:03 AM Subject: Re: Melbourne Hamfest - response from ARRL To: Mickey Baker <fishflorida@gmail.com <mailto:fishflorida@gmail.com> > Cc: Casey, Eric KC2ERC <ecasey@arrl.org <mailto:ecasey@arrl.org> >, Rick Roderick <k5ur@aol.com <mailto:k5ur@aol.com> >, Barry Porter KB1PA <barryp13@mac.com <mailto:barryp13@mac.com> >, James R. Schilling <kg4jsz@tampabay.rr.com <mailto:kg4jsz@tampabay.rr.com> >, Gregory Bowman <gregoryvbowman@gmail.com <mailto:gregoryvbowman@gmail.com> >, Shelley, Barry, N1VXY (CEO) <bshelley@arrl.org <mailto:bshelley@arrl.org> > Mickey, Thanks for your response. I agree that PCARS would likely hold the event with or without ARRL sanction (sponsorship). That is not what I'm asking about. I'm questioning whether the ARRL should be sanctioning this event in light of the nationwide COVID-19 pandemic and particularly in light of the increase in cases and hospitalizations in Florida. You'll note that the vast majority of hamfests scheduled in 2020 have been cancelled over health concerns relating to COVID-19. I'm sure Eric or another League official could provide you with a definitive number as of this date. I know of two amateurs in Brevard County who have contracted COVID-19. I find that playing word games between 'sanctioned' and 'sponsorship' is a waste of intellectual effort. In fact, you might be interested to know that the definition of sanctioned is to give official permission or approval for an action. Wouldn't you agree that giving official permission or approval for the ARRL Southern Florida Convention implies an associated liability on behalf of ARRL? As an ARRL member I find this troubling. What I find even more troubling is that I have yet to receive any official position from any elected ARRL senior staff regarding this issue. Furthermore, there has been no reference to the position of League council provided to me. I will accept the decision of ARRL HQ (whether I agree with it or not) if it is based on science, facts, and actual conditions regarding COVID-19, The ARRL has a fiduciary duty to protect its members. A decision sanctioning this event should be aligned with this duty to protect and consistent with the stated policy of ARRL regarding COVID-19. I've been attending the Melbourne Hamfest since the 1960's. It's a great venue and the local hams are an outstanding group. However, this may not be the time and place for ARRL to sanction this event in light of COVID-19 pandemic. 73. Chris AA4CD On Tue, Aug 11, 2020 at 8:40 AM Mickey Baker <fishflorida@gmail.com <mailto:fishflorida@gmail.com> > wrote: Hi, Chris, I speak for the ARRL in that we appreciate your concern for the COVID-19 risks involved with the Melbourne hamfest. Please understand that this is not an "ARRL Sponsored" event - this is an ARRL Sanctioned hamfest and convention run by the Platinum Coast Amateur Radio Society, PCARS, in the Melbourne City Auditorium, a municipal facility. The use of our logos reflect this and neither implies liability on behalf of the ARRL, as you stated. It is my responsibility, as Director for the Southeastern Division, to sanction hamfests on behalf of the ARRL, as I did for this event. Given that this hamfest is a lawful assembly operated by an affiliated club, operating prudently in a public facility, I see no reason not to sanction this event. Before sanctioning, I corresponded with PCARS officials and spoke with the Melbourne Municipal Auditorium to verify the schedule. I verified that this event will be held in accordance with all local and State laws in effect at the time of the event. As of this moment, that means that everyone must wear a mask and maintain social distancing, but that may change depending upon governmental regulation and the PCARS organization's preferences. Again, thank you for your concern, but this event would likely go on with or without the ARRL Sanction. The choice whether or not to have a hamfest lies entirely with the organizing body, just as your attendance or participation is entirely up to you. You might want to reach out to the Melbourne Hamfest Chair, Greg Bowman, N4EN, copied on this message. He keeps up to date on the site and the situation. You might also contact the Melbourne City Auditorium. It appears that they have events almost every week, ongoing, between now and the Hamfest. Unless things change, I anticipate attending, likely wearing personal protective equipment and using due caution. Be safe. 73, Mickey Baker, N4MB Director, Southeastern Division ARRL Phone: 561 320-2775 From: Chris Durso <watchguy.durso@gmail.com <mailto:watchguy.durso@gmail.com> > Sent: Tuesday, August 11, 2020 1:09 AM To: Casey, Eric KC2ERC <ecasey@arrl.org <mailto:ecasey@arrl.org> >; Roderick, Rick, K5UR (President) <K5UR@arrl.org <mailto:K5UR@arrl.org> >; Shelley, Barry, N1VXY (CEO) <bshelley@arrl.org <mailto:bshelley@arrl.org> > Subject: Re: Melbourne Hamfest 2020 Eric, I haven't heard back from you regarding the position of ARRL with respect to sponsorship of the Melbourne Hamfest and ARRL Southern Florida Division Convention in a COVID-19 hotspot. Have you had a chance to get an opinion on this from League council? As a long time ARRL member, I'm very concerned for the health and safety of my fellow amateurs if they participate in an event where adequate social distancing is unlikely to exist. The official sponsorship of this event by the national organization for amateur radio does not seem logical to me. The sponsorship by ARRL and the use of ARRL official logos is an implicit endorsement of the event by the League. Does this not run contrary to the official ARRL COVID-19 policy (We hope everyone is adhering to CDC and local health department guidelines by staying home, maintaining safe distances when around people, and following sanitary practices.)? I question the action of the League with respect to this event. I look forward to hearing from you and learning more about the position of ARRL with respect to the sponsorship of large gatherings during the nationwide COVID-19 pandemic. 73, Chris AA4CD Mickey Baker, N4MB Palm Beach Gardens, FL “The servant-leader is servant first… It begins with the natural feeling that one wants to serve, to serve first. Then conscious choice brings one to aspire to lead." Robert K. Greenleaf -----Original Message----- From: Fred Hopengarten <hopengarten@post.harvard.edu <mailto:hopengarten@post.harvard.edu> > To: arrl-odv <arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org> > Cc: 'Casey, Eric KC2ERC' <ecasey@arrl.org <mailto:ecasey@arrl.org> > Sent: Tue, Jan 26, 2021 10:39 am Subject: [arrl-odv:31837] September 11th Hamfest in Maine Colleagues, The Augusta Amateur Radio Assn has requested ARRL sanction for a Hamfest to be held September 11, 2021, 0800-1200. Augusta is the state capitol in Maine (but you knew that from 6th grade, didn’t you?). It will be held at the Windsor (ME) Fairgrounds. I have no idea if Maine will be well vaccinated by September, and I am reluctant to approve a Hamfest by then. Do you think I should approve it? Fred Hopengarten, Esq. K1VR Six Willarch Road Lincoln, MA 01773 781.259.0088, k1vr@arrl.org <mailto:k1vr@arrl.org> New England Director Serving ME, NH, VT, MA, RI and CT <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campai gn=sig-email&utm_content=emailclient&utm_term=icon> Virus-free. <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campai gn=sig-email&utm_content=emailclient&utm_term=link> www.avast.com _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org <mailto:arrl-odv@reflector.arrl.org> https://reflector.arrl.org/mailman/listinfo/arrl-odv