Apparently lacking in meritorious arguments, opponents of tort reform have resorted to a strategy of accusing tort reform advocates of racism. According to the “Center for Justice and Democracy,” “racial prejudice lurks behind the ‘tort reform’ movement.” Among the out-and-out lies in the press release: “‘Tort reform’ laws weaken the only available forum, in some cases, for holding perpetrators of hate groups and hate groups accountable.” But not even the scare paper supports this.
The report suggests that volunteer immunity laws are really a Trojan horse to provide protection for “volunteers for the Ku Klux Klan.” (You may recall that the American Trial Lawyers Association recently falsely suggested that those very same volunteer immunity laws refuted the premise of a recent Newsweek cover story. (see Jan. 9; Dec. 12).)
Evidence? Well, none whatsoever. The CJD cites successful lawsuits against the Klan and Aryan Nations for assaults, a murder, and a church burning, but no tort reformer has suggested that civil liability be limited for those who commit violent crimes or intentional torts. Certainly, the Volunteer Protection Act of 1997 does not; aside from the exclusion in the law for hate groups, the supposed “loophole” that permits states to provide additional protections for volunteers would have no effect on a federal suit for deprivation of civil rights.