Attorney’s advice for Florida businesses: ‘Don’t test the statute’ on vaccine passports

JACKSONVILLE, Fla. – Florida connected Sept. 16 volition start issuing $5,000 fines to businesses that necessitate patrons oregon customers to amusement impervious of a COVID-19 vaccination.

“That gets our attraction for sure,” said Numa Saisselin, president of the Florida Theatre.

It’s a punishment that the Florida Theatre plans to avoid.

“We’re wide connected what the instrumentality says we tin and can’t do, and we person been and afloat mean to support complying,” helium said.

Florida Gov. Ron DeSantis signed a measure earlier this twelvemonth that banned vaccine passports. The statute reads that a concern entity “...may not necessitate patrons oregon customers to supply immoderate documentation certifying COVID-19 vaccination oregon postinfection betterment to summation entree to, introduction upon, oregon work from the concern operations successful this state.”

Ad

The aforesaid rules use to governmental entities and acquisition institutions.

The statute continues by stating that it does not different restrict businesses, authorities entities oregon acquisition institutions “from instituting screening protocols accordant with authoritative oregon controlling government-issued guidance to support nationalist health.”

Finally, the statute reads, “The section whitethorn enforce a good not to transcend $5,000 per violation.”

In a lawsuit brought by Norwegian Cruise Lines, a judge temporarily blocked the law that bans vaccine passports successful the state. In different words, Norwegian was allowed to inquire for proof.

“That injunction applies lone to Norwegian, arsenic I recognize it, truthful that lawsuit is continuing on,” said lawyer and News4Jax ineligible adept Ed Birk.

The justice who ruled against the bid said the instrumentality appears to interruption the First Amendment rights of the cruise enactment and apt won’t clasp up successful court.

Ad

“First Amendment exertion is that it prohibits an leader oregon concern from asking a question, and that’s a authorities regularisation connected speech,” Birk said.

The authorities is appealing the judge’s decision.

Birk said it’s not wide whether denying idiosyncratic work based connected their reply violates their rights. He wouldn’t beryllium amazed if the instrumentality against impervious oregon vaccinations is taken to tribunal again, but helium said that’s thing tiny businesses can’t afford.

His advice? Be cautious.

“Don’t trial the statute here,” Birk said. “Don’t locomotion the line. Don’t inquire for vaccine impervious oregon passports arsenic they’re called.”

He said that instead, businesses should instrumentality different information precautions, similar posting signs asking customers to deterioration masks.

There are exceptions to this law. Health attraction providers tin necessitate radical to amusement their vaccine status. The instrumentality doesn’t use to employees. If a workplace requires vaccinations, it tin occurrence an worker for refusing to amusement their status.

Ad

The Associated Press contributed to this report.

Copyright 2021 by WJXT News4Jax - All rights reserved.