We Used the Law and the Law Won: Using Law to Advocate and Defend Public Health Power

Join us for a NALBOH Sponsored webinar and discussion! Public health officials have shown great courage, especially over the last four years in response to hostility from some members of the public and even their elected governing boards.

The presentation will provide an update on Ottawa County, Michigan, and public health officials’ courageous actions to use law to protect public health against members of a newly elected governing body that sought to weaken public health power and to replace a professional public health official with a politician who aligns with their agenda. We will cover public health’s successful defense against lawsuits to limit public health authority, a lawsuit filed by the Health Officer to enjoin actions to undermine her authority and implementation of public health laws, and where we stand now.  In Michigan, Boards of Health are voluntary for county health departments; when they exist, they are advisory. Ottawa County does not have a Board of Health.

In addition to the backlash faced politically, public health officials also experienced an exponential increase in personal threats and harassment. The Network for Public Health Law explored whether there are laws that protect public health officials and staff in these circumstances. Additionally, to better understand how public health powers have changed since the onset of the pandemic, the Network for Public Health Law is creating state-specific resources to serve this need for public health officials. The presentation will include a sample fact sheet based on the laws in Maryland.

Brooke Torton, J.D., is a senior staff attorney at the Network’s Eastern Region Office and the Managing Director for the Legal Resource Center for Public Health Policy (LRC). Brooke’s current work focuses on tobacco law and policy and threats aimed at public health officials and public health authority.
At LRC, Brooke develops toolkits and policy papers on specific issues, drafts legislation, conducts in-person and virtual training sessions for public health professionals, and generally supports the development of public health law. She also supervises students enrolled in the Clinical Law Program working on public health law projects, students working as externs for the LRC or the Network and research assistants for the two centers.
Brooke graduated from the University of Maryland, College Park with a B.A. in Psychology in 2009. In 2012, she graduated from the University of Maryland Francis King Carey School of Law. Subsequent to graduation and prior to her employment with the Network, Brooke worked as a judicial law clerk followed by three years of litigation in criminal and domestic law. 

Denise Chrysler, JD, served as the Director of the Network for Public Health Law’s Mid-States Region for over twelve years. She recently retired from this position and now serves as a Senior Advisor to the Network. The Network supports the use of law to protect the public’s health by providing direct technical assistance, training, materials, and practical tools; and connecting individuals with one other to build a public health law community. Denise provides legal assistance, consulting, and training related to communicable disease, immunization, environmental public health, public health research, data reporting and sharing, privacy, health information exchange, and emergency legal preparedness and response. She served on her local board of health (Ingham County, Michigan) for twelve years and currently serves on the National Committee on Vital and Health Statistics.