Activity in Schools and Communities

Transcription

1 Using the Law to Increase Physical Activity in Schools and Communities Marice Ashe, JD, MPH Executive Director Public Health Law & Policy (PHLP) National Policy & Legal Analysis Network to Prevent Childhood Obesity (NPLAN)

2 Public Health Law & Policy We are a nonprofit corporation that improves community health outcomes by building the capacity of public health leaders to use sophisticated legal and policy tools in their everyday practice. We are a multi-disciplinary team of lawyers, urban planners, policy analysts many also with advanced training in public health; all committed to working with public health agencies and their community-based partners.

3 Our Approach

4 Topics We Work On Law & Policy: Understanding the Framework Preemption Enforcement Creating Opportunities for Physical Activity Safe Routes to School Complete Streets Joint Use Agreements Child-Care & Schools Creating Access to Healthy Foods in Communities Farmers Markets & Produce Carts Healthy Corner Stores Community Gardens Fast Food Regulation Sugar-Sweetened Beverage Consumption Creating Access to Healthy Foods in Schools Healthy Vending Healthy Food Environment Strategies Junk Food & Beverage Advertising Neighborhood Design & Development Land Use Transportation Planning Economic Development & Redevelopment Community Engagement Strategies Tobacco Control Smokefree Housing & Outdoor Areas Secondhand Smoke Tobacco Marketing, Sales, & Distribution Tobacco Retailer Licensing Climate Change Health and Climate Change Connections

5 Evidence

6 Evidence

7 Evidence

8 Evidence

9 The Power of State and Local Government to Create Policy Pre-constitutional authority inherent in colonial governments Under the U.S. Constitution, the states have primary responsibility for public health. The authority is known as police power. Power confirmed in the 10 th Amendment.

10 What is Police Power? From the Greek word politeia meaning: state, administration, government.

11 What Is Police Power? The power of government to promote the public health, morals, or safety, and the general well-being of the community enact and enforce laws for the promotion of the general welfare regulate private rights in the public interest

12 Examples of Police Power & Public Health Policy

13 Basic Requirements Exercise of police power: Can not be arbitrary or oppressive; Must be rationally related to public health, morals, safety, or general welfare; and Must be reasonably designed to correct a condition adversely affecting the public good. Can not violate state and federal constitutions

14 4 Local Policy Strategies 1. Comprehensive Planning 2. Complete Streets 3. Safe Routes to Schools 4. Joint Use Agreements

15 Comprehensive Plans The Blueprint for Future Development statement of development policies

16 Comprehensive Plans Long-term policy guide for the physical, economic, and environmental growth and renewal of the jurisdiction Broadly stated objectives, principles, standards Covers year time period

17 Comprehensive Plans Health-oriented language in the Comprehensive Plan provides a foundation for later policies, plans, and implementation strategies.

18 Example Policy Language Good: Policy 1.0: Promote opportunities for regular physical activity by locating residential developments near services Better: Policy 1.1: Set a walkability standard (for example, 1/4 to 1/2 mile) for residents access to daily retail needs and nearest transit stops

19 Example Policy Language Good: Policy 2.0: Encourage the development of community gardens to increase residents access to healthy foods Better: Policy 2.1: Establish 1 community garden for every 2,500 households in an urban village and urban center (Seattle, WA)

20 Incorporating Public Health Goals Into Land Use Plans Does the policy reflect the community s vision? Does the policy include locally relevant health data? How will we implement the policy? How do we know if the policy has been successful? Does the policy make progress toward eliminating health disparities?

21 Complete Streets Photo simulation by Steve Price, Urban Advantage (

22 Complete Streets A complete street is a street that is safe, comfortable, and convenient for all users pedestrians, bicyclists, public transportation riders, people with disabilities, and people of all ages.

23 Complete Streets Policies: The Approach Flexible Forward looking

24 Challenges No One Size Fits All Solution: FLEXIBILITY Many different kinds of streets in this country Many complex local factors to balance All streets don t need to look or be the same in order to meet the needs of different users

25 Challenges FUNDING Retrofitting streets is expensive Forward looking approach COMPETING REGULATORY INTEREST

26 Safe Routes to School

27 Myth vs. Reality Myth: Reality: Walking to school is dangerous. Children are much more likely to be injured or killed as a passenger in a car than walking.

28 Myth vs. Reality Myth: Reality: Districts are responsible for kids from door to door from home to school. Districts are generally not responsible for this travel, although they may have authority over misbehavior on the route to and from school.

29 Myth vs. Reality Myth: Reality: Schools can ban kids from bicycling if they want to. It appears that schools (1) do not have authority to ban bicycling, and (2) impinge upon parents constitutional rights in doing so.

30 Joint Use Agreements

31 What is a joint use agreement? An agreement between two separate entities laying the terms and conditions for shared use of public property or facilities.

32 How do SCHOOLS benefit? Smart Use is Shared Use: Maintenance Security Wear and tear Repairs Improvements Access to new funding

33 How do CITIES benefit? Increased recreation capacity Potential for more programming Community cohesion

34 FEAR of What s the biggest institutional barrier to both SRTS programs and Joint Use Agreements? Liability

35 SRTS: Liability How Likely? Liability risks are exaggerated: there are no known cases Federal law: Volunteer Protection Act (applies in all states other than New Hampshire). Some states also have laws that protect volunteers Be reasonable: volunteer training, mitigate known risks = SRTS programs!

36 JUA: Liability How Likely? Liability risks are exaggerated The risk of tort liability is not greater for after-hours use of school facilities than it is during the school day o In some states the risk is actually lower Limits on the amount of damages that school districts and other government agencies can pay

37 Liability Minimizing the Risk Government immunity Government carries insurance Volunteer protection statutes

38 What s the best way to avoid liability? Avoid injury in the first place. Implement a risk management program that can decrease a person s likelihood of injury. This should be done anyhow!

39 Marice Ashe Executive Director (510) phlpnet.org nplan.org