Hundreds of businesses unite to defy passport rules
Owners decry policy to check customers’ vaccine status, saying their doors are open to everyone
Hundreds of businesses have united in opposition to Ontario’s new vaccine passport rules, openly refusing to check customers’ vaccine receipts despite the threat of penalties from public health officials.
Propelled by a mixture of vaccine skepticism, business decisions and fear of government overreach, these proprietors — ranging from burger joints in Toronto to a Brazilian jiu-jitsu class in Thornhill — have formed an extensive and well-documented network of restaurants, gyms, cafés and more where clientele can enter regardless of jab status.
And while Ontario municipalities have already received hundreds of complaints regarding businesses’ enforcement of the new policy since it went into effect last Wednesday, the province says it’s taking an “education-first” approach that encourages businesses to change their policies before issuing fines.
In a Facebook group called “Ontario Businesses Against Health Pass,” which boasts more than 139,000 members, small business owners and entrepreneurs across the province have been promoting their products and decrying the Reopening Ontario Act.
“At King Jiu Jitsu, we do NOT discriminate,” wrote Gregg King, operator of a martial arts class in Thornhill, in the Facebook group. “Vaxxed or not vaxxed you are all welcome to train in a safe and friendly environment … No BS. No politics. No Drama!”
The posts receive scores of supportive messages from like-minded people. The businesses are added to an online directory, called Ontario BAD (Businesses Against Discrimination), where they can advertise their work and submit job postings to fill vacancies.
As of Tuesday, Ontario BAD listed 677 businesses across the province. A social media account called Stop No Pass List, which purports to “expose” businesses flouting the certification rules, listed roughly 200 businesses in the GTA alone.
King, whose classes host 10 to 15 people at a time, has no problem expressing his resistance to the passport system in public.
“When people come in, I don’t ask if they’re vaccinated. Other people can ask if they want, but I’m not for that,” he told the Star.
Ontario’s vaccine certification policy requires customers to show proof of their full vaccination and a matching piece of ID to enter businesses such as bars, gyms, restaurants, theatres, casinos, and sports venues. Those rules do not apply to grocery stores, retail outlets, malls, hair and nail salons, and more.
Businesses that do not comply with the rules can face tickets of $1,000 or a penalty of up to $10 million, though the Ministry of Labour says the province is focusing on educating businesses rather than issuing charges for now.
Toronto Public Health told the Star it has received 122 complaints regarding vaccine certificates since the regulation was introduced last week. No charges have been issued as the city’s bylaw officers are “still focusing on educating businesses on the province’s new proof of vaccine program,” a city spokesperson said.
Epidemiologists and public health experts have long said the passport system will help curb the spread of COVID-19 in business settings.
In social media groups, the members opposed to the new system range from vaccine skeptics to disgruntled business owners who say the cards are stacked against them.
Jenna Graham, owner of The Harbour Diner in Hamilton, said the vaccine passports hurt her restaurant at a time when she’s trying to compensate for the losses she incurred during the lockdowns.
“We lose more clientele this way,” she said. “We’re already struggling. We have to repay all those business loans we got from the government. And now they want to reduce our clientele even more.”
She said she thinks the province is disadvantaging small businesses by implementing rules that don’t apply to big corporations.
“You can walk into a Canadian Tire, or a Walmart, or a Costco and nobody will ask you a damn question about your medical history. Why is it all on us?”
And most businesses touting their resistance appear unfazed by the penalty risk.
“We’re already losing money, so why not go all in?” said Graham.
Other businesses have taken a different approach.
The Goods, a vegan restaurant in Roncesvalles, closed its dinein area in protest of the new rules. “This goes against everything we stand for,” said Lisa Labute, the restaurant’s operator. “If everyone can’t eat inside, then nobody can.”
Ryan Mallough, Ontario regional director of the Canadian Federation of Independent Business, says the organization has been tracking the rise in anti-vaccine passport sentiment.
The CFIB strongly encourages the businesses to comply with Ontario’s laws, he said, though sentiment among the group’s membership is deeply divided.
When the CFIB polled Ontario customers, 45 per cent said they supported vaccine certificates, 40 per cent opposed it, and 15 per cent were undecided.
“That’s an extremely split vote, and speaks to how polarized and personal this issue is,” he said.
That manifests in the social media groups, where dozens of business owners and entrepreneurs decry the passport system even when their businesses are often unaffected by the new rules. Most businesses posting in the groups — realtors, retailers, independents grocers, and a curious number of hypnotists — are not required to ask clients for proof of vaccination.
While he understands business’ unease with the new requirements, lawyer and privacy expert Kris Klein says the Ontario rules are very much legal.
“The (Ontario Reopening Act) was passed for the benefit of the public at large and as just one other tool to combat the pandemic. Indeed, businesses need to be respectful of privacy considerations by, for example, not keeping a copy of the proof of vaccine receipt; but, this does not mean they should not otherwise abide by the law and check for vaccine status,” Klein said.
Still, he says the government should do more to ensure individual citizens’ privacy is protected.
“More and better guidance on how to perform the check is probably in order,” he said. “There should time limits on this type of law and if a government is going to continue to enforce it, they should be able to prove that it is effective.”