[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 New England Director cid:a4a12f0b-0468-4a39-b953-31b2a3da8564 Serving ME, NH, VT, MA, RI and CT -- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
I approved one in the summer last year that was outdoors. For the most part it was distanced and masked. I didn’t see an issue. 73 Ria N2RJ On Tue, Jan 26, 2021 at 11:39 AM Fred Hopengarten < hopengarten@post.harvard.edu> wrote:
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 <https://www.google.com/maps/search/Willarch+Road+Lincoln,+MA+01773?entry=gmail&source=g>*
*Lincoln, MA 01773 <https://www.google.com/maps/search/Willarch+Road+Lincoln,+MA+01773?entry=gmail&source=g>*
*781.259.0088, k1vr@arrl.org <k1vr@arrl.org>*
New England Director
[image: cid:a4a12f0b-0468-4a39-b953-31b2a3da8564]
Serving ME, NH, VT, MA, RI and CT
<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=icon> Virus-free. www.avast.com <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=link> <#m_7335373711820494806_DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2> _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
Great question, Fred. I’ve just been given one from Eric for July to decide about. One could argue that the League should have a consistent policy for the entire country. One could also argue that the status of the coronavirus and associated vaccinations varies tremendously from location to location and therefore the decision should be up to each individual Division Director, as it normally is. However, as a Director, I don’t wish to get into the business of evaluating epidemiological matters in the vicinity of the multitude of hamfests and conventions in my Division. If I knew a lawyer skilled in the proper specialty, I might ask, “Does the League incur any additional liability (beyond whatever liability it might normally have) if it sanctions any of these public gatherings and someone contracts the virus from it, with subsequent severe consequences?” If the answer to that is “No”, then I’d probably go ahead and approve (or not) based on the usual criteria we’re supposed to consider for each separate application. Bud, W2RU From: arrl-odv <arrl-odv-bounces@reflector.arrl.org> on behalf of Fred Hopengarten <hopengarten@post.harvard.edu> Reply-To: "hopengarten@post.harvard.edu" <hopengarten@post.harvard.edu> Date: Tuesday, Jan 26, 2021 at 16:39 To: arrl-odv <arrl-odv@reflector.arrl.org> Cc: "Casey, Eric KC2ERC" <ecasey@arrl.org> 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 New England Director [cid:a4a12f0b-0468-4a39-b953-31b2a3da8564] Serving ME, NH, VT, MA, RI and CT [Image removed by sender.]<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=icon> Virus-free. www.avast.com<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=link>
By "approve" it does not mean the event can or cannot take place, it only authorizes the use of the Diamond, makes available ad space at reduced rates, provides prize drawing coupons. etc. I agree with Bud in asking the question, what could our liability be? .03 from the back row. Mark, HDX On Tue, Jan 26, 2021 at 9:16 AM Hippisley, George (Bud), W2RU, (Dir, RK) < w2ru@arrl.org> wrote:
Great question, Fred. I’ve just been given one from Eric for *July* to decide about.
One could argue that the League should have a consistent policy for the entire country. One could also argue that the status of the coronavirus and associated vaccinations varies tremendously from location to location and therefore the decision should be up to each individual Division Director, as it normally is. However, as a Director, I don’t wish to get into the business of evaluating epidemiological matters in the vicinity of the multitude of hamfests and conventions in my Division.
If I knew a lawyer skilled in the proper specialty, I might ask, “Does the League incur any additional liability (beyond whatever liability it might normally have) if it sanctions any of these public gatherings and someone contracts the virus from it, with subsequent severe consequences?” If the answer to that is “No”, then I’d probably go ahead and approve (or not) based on the usual criteria we’re supposed to consider for each separate application.
Bud, W2RU
*From: *arrl-odv <arrl-odv-bounces@reflector.arrl.org> on behalf of Fred Hopengarten <hopengarten@post.harvard.edu> *Reply-To: *"hopengarten@post.harvard.edu" <hopengarten@post.harvard.edu> *Date: *Tuesday, Jan 26, 2021 at 16:39 *To: *arrl-odv <arrl-odv@reflector.arrl.org> *Cc: *"Casey, Eric KC2ERC" <ecasey@arrl.org> *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 <k1vr@arrl.org>*
New England Director
[image: cid:a4a12f0b-0468-4a39-b953-31b2a3da8564]
Serving ME, NH, VT, MA, RI and CT
[image: Image removed by sender.] <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=icon>
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One might also remember that the vaccines that have been approved are approved as " Experimental", meaning there is NO long term data on side effects or possible reactions to someone conditions or medications. Just saying we don't know because there has not been any data to assess. The danger I see here is assuming that if everyone at a hamfest has been vaccinated that we can assume everything is peachy keen. Lawyers??? Lee On Tue, Jan 26, 2021, 10:39 AM Fred Hopengarten < hopengarten@post.harvard.edu> wrote:
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 <k1vr@arrl.org>*
New England Director
[image: cid:a4a12f0b-0468-4a39-b953-31b2a3da8564]
Serving ME, NH, VT, MA, RI and CT
<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=icon> Virus-free. www.avast.com <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=link> <#m_-2032088269017544533_DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2> _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
Folks, I really don't think we should be in the business of approving or disapproving events based on COVID. The usual arguments about liability are showing up, and this is an area in which we do not have expertise. Look at it from another admittedly hypothetical angle. Suppose we deny approval to a show, and the show then sues us for financial damages because of the refusal. Farfetched, to be sure, but the theory is similar. We have state and local governments dealing with this, setting rules and establishing norms. We shouldn't try to compete with them. MikeK1TWF -----Original Message----- From: Lee Cooper <w5lhc01@gmail.com> Cc: arrl-odv <arrl-odv@reflector.arrl.org> Sent: Tue, Jan 26, 2021 1:03 pm Subject: [arrl-odv:31841] Re: September 11th Hamfest in Maine One might also remember that the vaccines that have been approved are approved as " Experimental", meaning there is NO long term data on side effects or possible reactions to someone conditions or medications. Just saying we don't know because there has not been any data to assess. The danger I see here is assuming that if everyone at a hamfest has been vaccinated that we can assume everything is peachy keen. Lawyers??? Lee On Tue, Jan 26, 2021, 10:39 AM Fred Hopengarten <hopengarten@post.harvard.edu> wrote: 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 RoadLincoln, MA 01773781.259.0088, k1vr@arrl.org New England Director Serving ME, NH, VT, MA, RI and CT | | Virus-free. www.avast.com | _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
The vaccines are not experimental. They have an emergency use authorization which doesn’t mean it’s experimental. It just means that it is authorized for use while pending FDA approval. I am a participant in the moderna trial. It wasn’t experimental when I got it and it isn’t now. The trials have shown 95% effectiveness and experiences in Israel (which has been ahead of the world in vaccination against the virus) have shown mass vaccination to dramatically slow the spread almost to eradication levels. https://www.timesofisrael.com/week-after-2nd-pfizer-vaccine-shot-only-20-of-... This mirrors the trial where participants getting the shot even if infected had much less severe symptoms. The bottom line is that If we have widespread adoption of the vaccine we will beat this and hopefully return to normal. The timeline is what is uncertain. In NJ there is not an appointment to be found. The state isn’t getting doses, and the doses that are being sent here go within a matter of hours. With that said I won’t stop a club from holding a hamfest. I would approve sanction. I would tell them that my attendance is based on appropriate protocols such as masking, distancing and hand washing. Health departments aren’t approving food permits anyway and venues like public schools and senior centers are also not allowing these events. So this cuts down on most events. The only club that held one last year (NJ antique radio club) held it at their own facility - the project Diana site which is now a technology museum and managed by them. It was also held outdoors which makes a huge difference. They had no food but had free canned sodas. I think that this would be a narrow exception and clubs know what they’re in for. I had a lot approved for later in the year but one by one they canceled. So this may also play out similarly. 73 Ria N2RJ On Tue, Jan 26, 2021 at 1:03 PM Lee Cooper <w5lhc01@gmail.com> wrote:
One might also remember that the vaccines that have been approved are approved as " Experimental", meaning there is NO long term data on side effects or possible reactions to someone conditions or medications. Just saying we don't know because there has not been any data to assess.
The danger I see here is assuming that if everyone at a hamfest has been vaccinated that we can assume everything is peachy keen.
Lawyers???
Lee
On Tue, Jan 26, 2021, 10:39 AM Fred Hopengarten < hopengarten@post.harvard.edu> wrote:
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 <https://www.google.com/maps/search/Willarch+Road+Lincoln,+MA+01773?entry=gmail&source=g>*
*Lincoln, MA 01773 <https://www.google.com/maps/search/Willarch+Road+Lincoln,+MA+01773?entry=gmail&source=g>*
*781.259.0088, k1vr@arrl.org <k1vr@arrl.org>*
New England Director
[image: cid:a4a12f0b-0468-4a39-b953-31b2a3da8564]
Serving ME, NH, VT, MA, RI and CT
<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=icon> Virus-free. www.avast.com <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient&utm_term=link> <#m_5407754464677395877_m_-2032088269017544533_DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2> _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
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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 | | To | Chris Durso watchguy.durso@gmail.com | | Cc | Roderick, Rick, K5UR (President) K5UR@arrl.org, Baker,Mickey,N4MB (Dir, SE) fishflorida@gmail.com, Casey, Eric KC2ERC 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, N1VXYInterim Chief Executive Officer From: Chris Durso <watchguy.durso@gmail.com> Sent: Monday, August 24, 2020 10:56 AM To: Pereira, Carla, KC1HSX <cpereira@arrl.org>; Shelley, Barry, N1VXY (CEO) <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, ChrisAA4CD ---------- Forwarded message --------- From: Chris Durso <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> Cc: Casey, Eric KC2ERC <ecasey@arrl.org>, Rick Roderick <k5ur@aol.com>, Barry Porter KB1PA <barryp13@mac.com>, James R. Schilling <kg4jsz@tampabay.rr.com>, Gregory Bowman <gregoryvbowman@gmail.com>, Shelley, Barry, N1VXY (CEO) <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> 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, N4MBDirector, Southeastern DivisionARRLPhone: 561 320-2775 From: Chris Durso <watchguy.durso@gmail.com> Sent: Tuesday, August 11, 2020 1:09 AM To: Casey, Eric KC2ERC <ecasey@arrl.org>; Roderick, Rick, K5UR (President) <K5UR@arrl.org>; Shelley, Barry, N1VXY (CEO) <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 AA4CDMickey 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> To: arrl-odv <arrl-odv@reflector.arrl.org> Cc: 'Casey, Eric KC2ERC' <ecasey@arrl.org> Sent: Tue, Jan 26, 2021 10:39 am Subject: [arrl-odv:31837] September 11th Hamfest in Maine <!--#yiv9024544035 _filtered {} _filtered {} _filtered {} _filtered {} _filtered {}#yiv9024544035 #yiv9024544035 p.yiv9024544035MsoNormal, #yiv9024544035 li.yiv9024544035MsoNormal, #yiv9024544035 div.yiv9024544035MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;font-family:"Calibri", "sans-serif";}#yiv9024544035 a:link, #yiv9024544035 span.yiv9024544035MsoHyperlink {color:blue;text-decoration:underline;}#yiv9024544035 a:visited, #yiv9024544035 span.yiv9024544035MsoHyperlinkFollowed {color:purple;text-decoration:underline;}#yiv9024544035 p.yiv9024544035MsoAcetate, #yiv9024544035 li.yiv9024544035MsoAcetate, #yiv9024544035 div.yiv9024544035MsoAcetate {margin:0in;margin-bottom:.0001pt;font-size:8.0pt;font-family:"Tahoma", "sans-serif";}#yiv9024544035 span.yiv9024544035EmailStyle17 {font-family:"Calibri", "sans-serif";color:windowtext;}#yiv9024544035 span.yiv9024544035BalloonTextChar {font-family:"Tahoma", "sans-serif";}#yiv9024544035 .yiv9024544035MsoChpDefault {} _filtered {}#yiv9024544035 div.yiv9024544035WordSection1 {}-->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 RoadLincoln, MA 01773781.259.0088, k1vr@arrl.org New England Director Serving ME, NH, VT, MA, RI and CT | | Virus-free. www.avast.com | _______________________________________________ arrl-odv mailing list arrl-odv@reflector.arrl.org https://reflector.arrl.org/mailman/listinfo/arrl-odv
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
participants (8)
-
Bob Famiglio, K3RF -
Fred Hopengarten -
Hippisley, George (Bud), W2RU, (Dir, RK) -
k5ur＠aol.com -
Lee Cooper -
Mark J Tharp -
Mike Raisbeck -
rjairam＠gmail.com