DeSantis vows to ban ‘vaccination passports’
Says ‘it’s completely unacceptable,’ signs law protecting businesses
TALLAHASSEE — Florida businesses soon won’t be able to screen customers based on whether they’ve received the COVID-19 vaccine, Gov. Ron DeSantis said Monday, even as he signed a bill designed to shield companies from pandemic-related lawsuits.
“It’s completely unacceptable,” DeSantis said of what he called “vaccination passports,” a card or some other method of proving an individual has been inoculated against the virus. “You want to go to a movie theater, should you have to show that? No. You want to go to a game, [or] a theme park? No. So we’re not supportive of that.”
DeSantis said an executive order was coming soon, possibly by Tuesday, against vaccination passports, and he called for the Legislature to pass a bill making a ban permanent. The Legislature is nearing the midway point of a 60-day session scheduled to end April 30.
DeSantis said allowing major corporations to have access to vaccination information was like having “the fox [guarding] the henhouse,” citing privacy concerns.
But some critics questioned why DeSan
tis would restrict businesses’ ability to protect employees and customers against the coronavirus by ordering such a ban.
Mac Stipanovich, a Tallahassee consultant and outspoken anti-trump Republican turned independent, called the ban “ridiculous on its face.”
“Can you use your concealed weapons permit and walk onto a Disney property?” Stipanovich asked. “Can you go into the Magic Kingdom carrying your gun? No . ... In Florida the law allows you to have a permit, but private property rights trump that. There’s plenty of restaurants and bars and all sorts of businesses in Florida [that state] ‘No shoes, no shirt, no service,’ because that’s their private property. How the hell is Ron DeSantis going to tell Disney that they can’t require vaccination passports should they want to do so?”
DeSantis’ comments came after news reports that the Biden administration is considering pushing federal agencies and private companies to develop a program that would allow people to show they have been vaccinated against the virus that causes COVID-19.
In Israel, vaccinated people or those who have already have been infected by COVID-19 can get a “green pass” from the Health Ministry, an app that allows them access to gyms, theaters and clubs.
The idea of having to show proof of vaccinations is not new. Florida and other U.S. states require children in public and private schools to be vaccinated against several diseases or submit written religious exemptions.
DeSantis’ bill signing in Tallahassee featured a musical performance by the band Highway 85, which was designed to showcase musicians’ worries about live performances amid the coronavirus pandemic, DeSantis said. The event took place in the Cabinet room of the state Capitol, which is mostly closed to the public.
“We don’t want to be in a situation where people are scared of being sued, just for doing normal things,” DeSantis said of the new liability law, which takes effect immediately. “We worked very early on to look at to see ways that we could provide some certainty for both businesses, and health care providers. This was obviously a top priority for many of us up here. And I think that the Legislature has been able to deliver today.”
The bill, SB 72, is the first signed into law by DeSantis this year, and the first concrete action taken by the Legislature, which ended its 2020 session just as the COVID-19 was spreading heavily in the state and starting to close down businesses last March, since the pandemic began.
It passed the House on Friday on an 83-31 vote, mostly along partisan lines, with four Democrats joining Republicans in support of the bill, one week after it passed the Senate by a 24-15 vote, with Sen. Linda Stewart of Orlando the only Senate Democrat in favor.
Lawsuits brought by a customer or employee alleging they or a relative contracted COVID-19 at a business that didn’t take proper precautions against the virus would still be allowed under the bill but would be more difficult to prevail in court.
COVID-19 claims against a business or health care provider now require an affidavit from a medical professional asserting the person contracted the virus the company’s property and need to have “clear and convincing evidence” of “gross negligence” — a high legal standard — to bring a case. Lawsuits also must be filed within a year from Monday to be considered valid.
Businesses that “substantially complied” with government-issued orders regarding COVID-19 precautions at the time when the virus was contracted or were unable to comply with those guidelines because of shortages of personal protective equipment have a valid defense against any pandemic-related claims under the new law.
“Our hotels, restaurants, and suppliers join other businesses across Florida in breathing a collective sigh of relief that they can continue to safely operate and welcome their guests without fear of nuisance litigation,” said Carol Dover, CEO and president of the Florida Restaurant and Lodging Association, in a statement that did not include any reaction to the vaccination passport ban.