facilitate prevention services for injection drug users. Only with decisive federal funding
and guidance can an AIDS-free generation be realized.
Clarifying Liability for After-Hours Community Use of School Recreational
John O. Spengler, Natasha Frost, Daniel P. Connaughton & J. David Prince................ 342
The obesity epidemic has prompted policy guidance directed at the state and local levels
to encourage physical activity. Policies that promote community access to school
recreational facilities during non-school hours (“shared use”) are of particular
importance. The American Heart Association (“AHA”) advocates for shared use in
furtherance of the Institute of Medicine’s recommendation to adopt legislative policies,
where necessary, to address liability issues that might prevent the sharing of school
recreational facilities. The AHA and Public Health Law Center developed policy
guidance in the form of sample legislation for individual states to use as a starting point
in developing policies to eliminate or reduce barriers to shared use. The policy guidance
includes: (1) findings; (2) purpose; (3) definitions; (4) liability provisions; (5) liability
exceptions; and (6) implementation. Advocates and policy makers can use the AHA
policy guidance to make informed decisions about school shared use legislation.
Local Governments and the Food System: Innovative Approaches to Public Health
Law and Policy
Lainie Rutkow, Jennifer L. Pomeranz & Sarah O. Rodman........................................... 355
Law plays a powerful role in protecting the health of populations, especially as new
challenges emerge such as obesity and chronic diseases associated with unhealthy diets.
Numerous novel uses of the law have been identified to address these challenges and
create a healthier, more sustainable food system. Because local governments are often
viewed as policy innovators, it is particularly important to understand successes and
obstacles they have faced when regulating food system industries to promote public
health goals. This article provides a brief overview of the legal infrastructure within
which local governments operate. It then analyzes food industry efforts to challenge
local governmental regulation through litigation. Next, it considers how speech rights
may curb local governments’ regulatory efforts. It subsequently examines the impact of
preemption on regulation by local governments. The article concludes with a discussion
of how local governments can promote innovative public health law and policy responses
to redress potentially harmful industry actions within the food system.