The Finney Law Firm’s attorneys along with Maurice Thompson of the 1851 Center for Constitutional Law have been leading the legal fight against the lack of due process hearings in the Ohio “Stay at Home” order issued by the Ohio Department of Health and its Director, Dr. Amy Acton.
We have filed suit against the present Order and lost our Motion for Temporary Restraining Order at a hearing before Chief U.S. District Court Judge Algenon Marbley on April 20, 2020. He has set a further hearing on a Motion for Preliminary Injunction for Monday, May 11 at 9:00 AM.
Tonight, the Ohio Department of Health finally issued its new regulations here.
During thisunprecedentedage of Covid-19 you may be experiencing life changes like never before. With quarantines, business shutdowns, layoffs, furloughs, as well as a downturn in self-employment opportunities, financial hardship is rampant. Managing your debt may prove to be a struggleright now and it is extremely important to know what options may be available to you to guide you through this difficult period.
Whether you find yourself unable to pay your mortgage, make rent, stay current on a car payment, make minimum credit cardor medical bill payments or keep up with student loans,the suggestions below may help you to buy some time in order to make plans for the long term. Pleasekeep in mind that each lender, collection agency or creditor will have different guidelines on whether and how they will offer some reprieve in this time of crisis.
Have you lost your job?
Please contact the Ohio Department of Jobs and Family Servicesto determine if you qualify for unemployment compensation. The government is offering additional compensation to those who qualify. Make certain you get detailed information on how to apply and how often. Information regarding unemployment insurance is available at here or call Ohio Department of Jobs and Family Services at (877)644-6562.
Ohioans who are unemployed as a result of the coronavirus (COVID-19) pandemic but who don’t qualify for regular unemployment benefits can begin pre-registering for Pandemic Unemployment Assistance (PUA), a new federal program that covers many more categories of workers, the Ohio Department of Jobs and Family Services (ODJFS) has announced. To pre-register for PUA benefits, Ohioans should visit hereand click on “Get Started Now.” The benefit amount will be similar to traditional unemployment benefits, plus an additional $600 per week through July 25. The pre-registration tool will allow individuals to get in line early and pre-register their account, so that as soon as the agency has the technical ability to process their claims in May, they can log in and complete their paperwork. For those eligible, PUA benefits will be retroactive to the date they qualified, as early as February 2. The program will provide up to 39 weeks of benefits to many who historically have not qualified for unemployment benefits, such as self-employed workers, 1099 tax filers, part-time workers, and those who lack sufficient work history. Anyone with questions should call (833) 604-0774.
For additional family assistance please contact Ohio Department of Jobs and Family Services here.
Are you the owner of a small business?
If you are the owner of small business you may qualify for government assistance through the CARES Act (Coronavirus Aid, Relief, and Economic Security Act): please visit these sites for assistance: here and here and learn more about the Paycheck Protection Program here.
Do you qualify to receive the stimulus payment from the federal government?
Small Business loans are offering assistance whereby the Small Business Administration will make your payment for a period of time. These payments may not require repayment. Read here.
Contact your mortgage or automobile lender by phone or on their websiteif you are unable to make your regularpayments. Some lenders are offering programs to lower or skip payments that, most often,will be repaidat a later date.Pay close attention to the terms of these agreements. Be sure you understand how the missed payments will be caught up.If your mortgage lender is not participating in such a program, it may benefit you to apply for a mortgage modification program. Contact your lender by phone or visit their website for guidance on this application process.
Are you a veteran?
Please visit the following Veteran’s Administration website to get answers to your questions regarding benefits here.
Do you need to discuss your debt problems with an attorney?
If you find yourself unable to work cooperatively with your creditors it may be time to discuss your situation with a bankruptcy/debt relief attorney. Please contact Finney Law Firm to schedule a FREE CONSULTATION with attorney Susan Browning (513.797-2857) today. Susan offers flexible scheduling as well as phone and virtual consultations. Finney Law Firm maintains two convenient locations in Cincinnati: Eastgate and Mt. Adams.
Small businesses are faced with unprecedented times with the advent of the COVID-19 pandemic. For those that were not shuttered by state government orders, there are many struggling to determine how to adjust to the new normal. If you were fortunate enough to have been able to take advantage of the Paycheck Protection Program to get through eight weeks of operation, that provides you with some time, albeit short, to begin to think of new and creative ways of doing business now and in the future. Those who are agile, innovative, collaborative and amenable to change have the best chance to not only survive but thrive.
Respond with courage
Courage is not the absence of fear — it’s inspiring others to move beyond it
~Nelson Mandela
Being a courageous leader is more important now than ever before. Being willing and able to lead your employees through the fear that plagues almost everyone in our current environment is one of the keys to creating the platform from which to re-launch. Just as a child takes his cue from his parents as to how he or she is supposed to feel and behave when they are frightened, so must small business leaders understand that their behavior at this time either creates an atmosphere of fear or one of hope.
A high emotional quotient, coupled with self-awareness each day as to how your words, body language and deeds affect your team is imperative. Fearful people become immobilized and unable to think straight, problem solve and generate high-quality work. But those who follow a confident, positive and encouraging leader will quickly get on board, adopt the same positivity and row the boat along with their team in the same direction to maximize successful results. Some days it is hard to maintain an air of positivity, especially when the 24/7 news continues to paint bleak pictures both from a health and an economic standpoint. Still, it is critical in order to explore a path forward.
Making changes
The secret of change is to focus all your energy, not on fighting the old, but on building the new
~Socrates
Here are a few things to consider on how to stand on solid footing going forward:
Review all expenses, large or small, to find areas of reduction or elimination. You would be surprised how many decisions you made years ago when times were good that no longer serve you well. A few to consider are: Payroll processing fees/platforms; shopping all lines of insurance through different carriers; subscriptions, associations and membership dues; office supply and equipment vendors; and evaluation of current marketing expenses and their return on investment.
Implement technology that allows for all work to be done and saved in the cloud. Those relying on an on-site server and hard drives and backups for document production and storage are not only prone to cyber-attacks, but also are limited in the amount of work they can do remotely.
If your lease is coming up for renewal, you can save money by adopting the new way of “officing.” We have found through this crisis that employees can be very productive working remotely if 1) they are given the right technology tools; 2) they are given the opportunity to prove accountability and productivity; and 3) they utilize tools such as Microsoft Teams, Zoom and Skype to connect with their co-workers and managers on a regular basis so they do not lose sight of the teamwork approach that makes all small businesses successful.
Look at your products and services and evaluate them with a futuristic lens. Will they be wanted and needed in the short term, the long term or at all? Can they be revamped and repackaged? Are there additional products and/or services will that prove more useful? Can you create new lines of business that could naturally stream from what you currently offer?
Consider opportunities with complementary businesses to explore consolidation to become stronger, more diversified and present an improved presence in your market space.
They say necessity is the mother of invention and we have seen that be true throughout the history of America. If you continue to run your business the way it was run in the past, you may get run over by competition that was nimble and changed their processes, procedures and service offerings to what people need now, versus what they needed in the past.
Conquer fear
Keep your fears to yourself but share your courage with others
~Robert Louis Stevenson
Fear is a very powerful driver. It is a very scary time for all of us. But these are also defining moments. A time for us to collaborate and retool. Be a change agent to inspire and lead your team to newfound success!
Conclusion
If your small business needs assistance for its non-legal operations relating to cost savings, increased efficiencies and leadership strategies, contact Jane Schulte (513.727.2855).
As the New York Times reports here, the 10-day pause in SBA funding for Paycheck Protection Program (“PPP”) applications enabled lenders to get in order and carefully complete their paperwork for tens if not hundreds of thousands of new applicants, but when the portal finally opened up today at 10:30 AM, it was overwhelmed, causing the server to crash. This allowed only a trickle of applications to be successfully processed on the first day of Round II of PPP funding.
As the article says, “bankers were expecting the money to once again run out quickly,” meaning knowledgeable market participants predict that there will be winners and losers among the contestants for a still-limited supply of federal monies. Those who get processed quickly will get full funding; those that do not may get nothing. Clearly, Congress will need to approve a third and perhaps fourth round of funding for the program to fund all eligible small businesses.
Contact Rebecca L. Simpson (513.797.2856) for help accessing PPP funds or assuring your path to their forgiveness.
Saturday’s Wall Street Journal featured the lawsuit filed by the 1851 Center for Constitutional Law‘s and Finney Law Firm‘s suit against Dr. Amy Acton and the Ohio Department of Health for their failure to provide due process hearings for businesses forced to close under her Emergency COVID-19 Pandemic Orders. The client seeking relief in the lawsuit is Tanya Rutner Hartman and her business, a bridal shop, Gilded Social, LLC.
Today, the US House of Representatives passed the second phase of funding for the Paycheck Protection Program, providing another $310 billion in funding for the forgivable small business loans. President Trump has said he plans on signing the bill tonight.
This means tens of thousands of applications pending at banks and other lending institutions throughout the country can now be funded.
It is not clear if this supplemental funding will mean full funding for the program. Many businesses, sole proprietors and 1099 contractors have not yet even filed their applications.
When the Paycheck Protection Program (“PPP”) ran out of funds last week, many of our nation’s small businesses hardest hit financially by COVID 19 were left without relief. And, reports that hundreds of millions of PPP dollars when to large, publicly traded companies led to strong criticism of the program. Over the last few days, we’ve learned that Ruth’s Chris Steak House, Potbelly, and even Harvard got millions of dollars in PPP funding.
New guidance
On the heels of attacks over this use of PPP funds, the U.S. Small Business Administration (SBA) has issued new guidance that sends a strong message that PPP funds secured by large companies that don’t really need the money may need to be paid back.
The SBA added the following question today to its “Frequently Asked Questions” document: Do businesses owned by large companies with adequate sources of liquidity to support the business’s ongoing operations qualify for a PPP loan?
You can read the full answer here (see question 31). In summary, the answer reminds us that as part of the application process all PPP borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”
Successful public companies likely cannot make good faith certification of need
The answer to the FAQ also points out that it is unlikely that “a public company with substantial market value and access to capital markets” is able to make that certification in good faith. According to the guidance, if such a company does make that certification, it needs to be prepared to provide the SBA with a basis for the certification.
What if such company already took PPP money?
Finally, the answer to the FAQ gives direction on what a company should do if it already made a certification of need that may not be supportable. Essentially, it needs to pay the loan back by May 7, 2020:
“Any borrower that applied for a PPP loan prior to the issuance of this guidance and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith.”
Conclusion
Finney Law Firm will continue to provide updates as more guidance is given by the SBA on the Paycheck Protection Program. If you have questions about the PPP, please feel free to contact Rebecca L. Simpson at 513.797.2856.
Here is the podcast from today on 550 WKRC Radio with Brian Thomas. The broadcast starts at 69:50.
The discussion in this show again addressed the Finney Law Firm suit on behalf of Tanya Hartman and her business, Gilded Social, a bridal dress shop, who desires a due process hearing on the forced closure of her business in the COVID-19 crisis.
Contact Christopher P. Finney (513.943.6655) if you care to discuss your rights as a business owner under a COVID-19 closure order.
As society changes the way we communicate and receive information, social media has become a more important medium for communicating with the government. This is all the more so as public meetings are moving toward “virtual meetings” on the internet.
When a public body or government official posts on social media and allows comments, it opens a “public forum.” It is well settled constitutional law that government actors cannot pick and choose who may speak in a public forum, and it most certainly cannot discriminate based upon the viewpoint or content of the speaker’s message.
SORTA, the Southwest Ohio Regional Transit Authority – operator of Cincinnati’s bus system – posted on its Facebook page regarding its then plan to offer free fares. Our client, Jordan Arnold, posted a comment suggesting that rather than offer free fares, that the bus system should shut down during the Coronavirus pandemic. SORTA then deleted Mr. Arnold’s comment and blocked him from being able to comment on any of its posts. SORTA left other comments that were supportive of SORTA’s decision undisturbed
By deleting Mr. Arnold’s comment, SORTA stifled Arnold’s speech in a public forum that SORTA itself opened. SORTA went further by blocking Arnold, but not others, from commenting at all on any of its Facebook posts. There can only be one reason for specifically targeting Mr. Arnold for deleting and blocking – that SORTA was specifically attempting to silence a critical voice. This is the textbook definition of viewpoint discrimination. Other citizens who share SORTA’s viewpoint are permitted to comment, but Mr. Arnold, who does not share SORTA’s position, is silenced.
Just as President Trump may not block critics from commenting on his social media posts, neither may SORTA.
Federal law provides a remedy. Finney Law Firm, along with Curt Hartman, brought suit on behalf of Mr. Arnold pursuant to 28 U.S.C. § 1983, seeking injunctive relief and damages. Via the injunction, we seek to force SORTA to restore Mr. Arnold’s comment and cease blocking him from commenting on its social media posts. Further we seek financial compensation for the damages Arnold suffered by having his speech stifled.
The complaint and motion for injunctive relief are available below and online here and here. Sharon Coolidge’s Cincinnati Enquirer’s coverage of the lawsuit is available here.
If a public official or government body has deleted or blocked your comments on social media, there is a remedy.Email or call Julie Gugino (513) 943-5669.
Here is the podcast from today, starting from the top of the show.
The discussion in this show addressed the Finney Law Firm suit on behalf of Tanya Hartman and her business, Gilded Social, a bridal dress shop, who desires a due process hearing on the forced closure of her business in the COVID-19 crisis.
We lost yesterday in getting a Temporary Restraining Order to stop Ohio’s practices without due process. The Judge has called for a Preliminary Injunction hearing for May 11.
Contact Christopher P. Finney (513.943.6655) if you care to discuss your rights as a business owner under a COVID-19 closure order.
