Taking to the streets in peaceful protest seems tougher than ever these days. Having lived through Chicago in 1968, the marches after the deaths of Bobby Kennedy and Martin Luther King, Jr., and Miami’s Overtown riots, I’d hoped the country’s angry days were behind us.

Apparently, that’s not the case. Since we’ve not learned much from our history, it’s repeating itself.

Even here in normally sleepy Murfreesboro, Tennessee, we’re facing nightly curfews following a weekend clash between police and a fringe group of protesters. Downtown businesses remain boarded up, and nerves are frayed.

That’s not good. Nerves cause overreaction. And none of us need an overreaction by anyone.

But preparations for violence have quietly been underway around the country since Minneapolis first erupted.

Over the weekend, BATFE sent an advisory to FFLs around the country, warning them of the possibility of trouble.

Here’s the notice sent to a dealer in Texas:

“This is an important message from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Possible civil unrest in our area may result in looting of businesses. The ATF reminds you to remain vigilant and to take appropriate steps to secure both your firearms inventory and your required records. Please report all suspicious persons or activity to your local police department. Additionally, notify ATF at if you find any of your firearms missing, lost or stolen or if you are a victim of an attempted burglary of your business.”

As this particular license-holder explained to me, “looks like they’re saying don’t let anyone leave with anything.” Adding, “I’m a really good rule-follower.”

In other words, those looking for trouble could find it.

This latest problem could be a tipping point for some retailers. Pandemics are one thing, but having to deal with rioting and looters may represent more risk than they’re willing to accept.

As it seemed we were emerging from the coronavirus lockdowns last week, retail concerns primarily focused on liability questions. One question dominated our conversations, regardless of the business category: if I reopen and a customer or employee gets infected, am I looking at a major liability issue?

No clear answer on that one.

But liability attorneys across the country are licking their proverbial chops in anticipation. Some suits have already been filed.

The major liability issue for “customer-facing” businesses focuses on prudent business practices and the question “have I done everything reasonably expected of me?”

Without clearly defined “industry standards of care” at this point, that’s a tough one, even for the experts.

Are you following the guidelines from national, state and local authorities?

Have you established workplace safety protocols -and rigorously enforced them?

Think everything from social distancing (employees and customers) to limiting people inside your business, creating one-way aisles to limit potential contact, and masks and sanitizer for everyone, plus regular sanitization and deep cleaning of the store and its products.

Here’s another thing to consider: the more successful your business, the bigger the liability risk. COVID-19 may offer a new variation on the legal idea joint and several liability. Damages can be obtained from co-defendants based on who is most capable of paying, rather than who is found to be more negligent.

That’s a chilling thought for business landlords.

If a tenant that neglects to follow any guidelines, completely ignores the rules and then is sued, joint-and-several just might mean liability attorneys name the landlord as a defendant, asserting the claim the landlord failed in his obligation to make certain his tenants were operating safely.

Admittedly, that’s a reach, but no one should ever consider anything except the worst-case scenario when it comes to preparation or litigation.

Here’s another question without a clear answer: will my business insurance cover me if I am sued?

Business interruption insurance is designed to protect against economic loss when a business is unable to put insured property damaged by covered peril to use. The pandemic hasn’t damaged property, and damage or loss-of-use due to damage is normally a requirement for a business interruption claim.

And not all policies include civil authority coverage; the losses suffered by forced closure of property by civil government. That’s why some elected officials are introducing legislation that will force a COVID-19 exception.

Diseases aren’t normally covered without a policy endorsement. And even those may specifically exclude viruses. Ebola, for example, was excluded from most policies after 2014 as Ebola continued to spread. Lloyds of London created a specific coverage called “Pandemic Disease Business Interruption Insurance” to cover that risk.

If you’re a business owner and haven’t considered these possibilities, my apologies.

Here are some steps suggested by top 50 accounting firm Aprio for every business impacted by the virus and/or mandated closures:

- take steps to mitigate potential losses. Have a “visible plan” to protect your employees and customers

- stay informed

- review all your insurance policies

- document your losses, especially those you believe are specific to the COVID-19 pandemic. (If you do have to file a claim, you’ll have support)

- collect the documents that help you prove the numbers in your claim. You’ll need to consider historic and current annual financials, federal and state tax returns, monthly profit and loss statements, budgets, forecasts, or projections done prior to and after the pandemic, monthly bank statements, inventory reports, payroll records, invoices and purchase orders, general ledger accounts established to account for expenses related to the loss (additional shipping, payroll, facilities, etc.), time sheets, ad spends, and the related invoices/receipts for them.

Trying times. But we’re working to keep you informed.

—Jim Shepherd