Attorney contends Ministry of Health “exposed themselves to litigation”
NASSAU, BAHAMAS — Attorneys of McCafferty’s Enterprises Bahamas Limited, the owners of the Christmas carnival, said they have submitted a comprehensive document to health officials in their new application for approval to operate.
This comes after the carnival was denied approval from the Ministry of Health last week and could not open for its expected December 10 date.
In an interview with Eyewitness News on Monday, attorney Bjorn Ferguson said the new application takes into consideration everything provided for under the Health Services Rules, 2021.
“We have moved forward and we have prepared a very comprehensive protocol document that will be used to govern and guide that public event and it also has regards for the data, the science that is available at this time,” he said.
He said he is confident the document addresses what is required by law, but could not indicate when they expect an official answer from the government’s advisory committee.
Ferguson said when the initial application was submitted, his clients, who did not have legal representation at the time, were unaware of certain requirements.
He noted that there were documents requested by the committee that his clients had failed to submit.
“Those matters have been addressed now and we are submitting in conformity with the Health Services Rules that govern this environment at this time,” he said.
Last week, Press Secretary in the Office of the Prime Minister Clint Watson advised that health officials decided not to give approval for the holiday carnival to operate this year.
Watson said the Ministry of Health’s advisory committee identified several reasons to deny the operators, including their alleged failure to respond to several emails requesting the necessary information.
He indicated that health officials were not satisfied operators would be able to consistently enforce COVID-19 protocols, along with adequately ensuring people from separate households remain socially distant.
Additionally, Watson said health officials raised concerns that children under the age of 11 currently do not have access to vaccines in The Bahamas and could be impacted negatively.
They have an obligation to assist and issue protocol. They cannot just deny public events.
– Attorney Bjorn Ferguson
However, citing rule number 25 of the Health Services Rules, Ferguson contended that the ministry has an obligation to assist businesses and public events to operate and not deny them.
According to those rules, health officials “may approve or issue guidelines or protocols for the operation or management of any business, organization or industry for guarding against or preventing the spread of COVID-19”.
Ferguson added that based on this, “they exposed themselves to potential litigation”.
“They have an obligation to assist and issue protocol. They cannot just deny public events,” he said.
The operators have insisted that the company fully complied with safety measures put in place by the US Centers for Disease Control (CDC) when it traveled throughout the United States last year and accommodated up to 400,000 attendees.
The popular activity was not allowed to operate in The Bahamas last year due to the pandemic and public health risks associated with large gatherings.
The Christmas carnival has been providing entertainment and employment for Bahamians for more than 30 years and reportedly employs about 1,000 Bahamians.
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