We have a right to refuse unvaccinated drivers
For those of us who were eager to be vaccinated, the sense of relief is palpable. One can begin to sense that visiting grandparents, children and grandchildren will not be a life-threatening event. And you can even imagine birthday parties, weddings, theater and travel once again. Not to mention safely opening schools.
A Pew Research Poll shows that 60 percent of Americans say they would definitely or probably get a vaccine for the coronavirus, up from 51 percent in September. But 18 percent still say they will definitely not get vaccinated.
I have my own polling method. Lately, I have gotten into the habit of asking Uber drivers whether they have been vaccinated before I get into the car. Three of 10 said they would not get vaccinated. But one stood out. He said that not only would he not get vaccinated, it was his right to not be vaccinated, and he wanted to be free from government overreach. Right after saying this to me, he asked me to buckle my seatbelt.
The incongruity is astonishing.
Why was I required to buckle up but he was free from “government overreach”?
In 1961, Wisconsin introduced legislation that required seat belts to be installed in front seats of cars. In 1968, the National Highway Traffic Safety Administration (NHTSA) required that all new cars be fitted with lap and shoulder belts. But people didn’t want to be forced to buckle up.
Because there was resistance to seat belt laws, and over 50,000 people were dying in motor vehicle deaths each year, the Carter administration required that all automakers install a “passive restraint” system (airbags). When Reagan became the president, he tried to eliminate airbags as part of his promise to reduce burdensome government regulations. But in 1983, the Supreme Court ruled unanimously in favor of re-implementing the law. Now, only New Hampshire, the “Live Free or Die” state, does not have a mandatory seat belt law. But you cannot get a car without an airbag anywhere including New Hampshire.
What was the result of this “government overreach”? Highway deaths have fallen from 50,000 to 30,000 per year. Put another way, government intervention saved lives. A lot of them.
And smokers objected to federal oversight even more than those opposed to seat belts. So, how did smoking get banned in public places with so many smokers objecting?
First it was science. A definitive link between smoking and lung cancer was published in the British Medical Journal in 1954 and reaffirmed by the surgeon general in a report published in 1964. Then it became regulatory. In 1966, health warnings were placed on cigarette packs. Then it moved to statute. Minnesota became the first state in 1975 to establish separate smoking areas in public places. Congress prohibited smoking on domestic flights under two hours in 1987. And, in 1990, San Luis Obispo, Calif., became the first city in the world to eliminate smoking in all public buildings including bars and restaurants. The CDC estimates that 1.6 million deaths were prevented by these measures between 1964 and 1992.
Once again, smokers complained about the infringement of their freedom to choose. But soon every restaurant had smoking sections and hotels had separate smoking floors. The non-smoking consumer wanted separation from smokers. Now it is banned indoors in most places in the U.S. And the ban has saved millions of lives.
So, if people do not want to get vaccinated, I accept, that is their right.
But as an academic health center responsible for protecting patients, health care workers and learners, we should also have the right to require our employees and students be vaccinated unless they have medical or religious exemption, the same as we do for influenza. The reason why? To protect the people we serve from infection by us.
And as a consumer, I have the right to avoid businesses that do not support vaccination and only support those that do.
Next time an Uber driver tells me he chose not to be vaccinated, I am getting out of the car.