Businesses’ quandary:
S.F. explores mandating proof of shots in businesses like bars, restaurants
The city, the San Francisco Bar Alliance and the Chamber of Commerce are exploring the idea of requiring customers to show proof they’ve been vaccinated.
“It’s a ribbon unfolding here. There are some legal questions and legal definitions that everyone wants to be sure of. But I’m pretty sure, universally, everyone is concerned about public health.”
Rodney Fong, CEO of the Chamber of Commerce
As the delta variant surges, conversations are swirling in San Francisco among businesses and in City Hall about whether officials can — or should — force people to show vaccine cards at businesses like bars, restaurants and retailers.
It’s a massive question that could create a number of legal and logistical hurdles for the city. But with the recent uptick in COVID19 cases and hospitalizations, Mayor London Breed and two major business groups in the city said they’re exploring how they can prevent yet another shutdown.
The conversations are unfolding fast: The San Francisco Bar Alliance, which represents 500 bars around the city, announced Tuesday that it’s considering asking patrons to show proof of vaccination upon entry. The city’s Chamber of Commerce, which represents over 1,000 local businesses, also told The Chronicle that it’s informally reaching out to its members to ask how they would feel about such a mandate.
“It’s a ribbon unfolding here,” said Rodney Fong, CEO of the Chamber of Commerce. “There are some legal questions and legal definitions that everyone wants to be sure of. But I’m pretty sure, universally, everyone is concerned about public health.”
On Wednesday, when asked if city officials would consider mandating or recommending that businesses require patrons to show proof of vaccination, Breed’s office didn’t rule it out. Her office said it had no immediate plans, but it’s exploring “all options” to get more people vaccinated.
The backdrop to these conversations is an in
crease of COVID19 cases in San Francisco, largely due to the delta variant. The city’s COVID19 positivity rate on a sevenday average is currently 3.5%, significantly higher than the 0.48% it was in June during California’s reopening. Meanwhile, hospitalizations are increasing, almost entirely among the unvaccinated.
With 76% of the eligible population fully vaccinated, San Francisco has one of the highest rates in the country. But city leaders are still struggling to inoculate the remaining 24%.
“We are currently monitoring the situation with the delta variant,” said Jeff Cretan, a spokesman for the mayor. “It’s obviously causing increasing concerns.”
No other major city in the country has mandated that businesses require proof of vaccination for customers. In France, a mandate to provide vaccine proof or a recent negative COVID19 test resulted in nearly a million people signing up for shots.
San Francisco already plans to require all 35,000 city employees — from police and firefighters to City Hall clerks — to be vaccinated once the shots receive full approval from the Food and Drug Administration. City workers who refuse to be vaccinated and don’t get a medical or religious exemption could be fired.
It would be up to the Department of Public Health to decide whether to impose such a recommendation or rule on private businesses. On Wednesday, the department said it wasn’t yet considering such a move — but was open to adjusting its approach depending on emerging data.
The health department also said businesses were already well within their rights to apply stricter rules on customers, including demanding proof of vaccination.
Some San Francisco bars have already instituted policies that require patrons to show proof of vaccination before entry, including Vesuvio Cafe and Latin American Club.
Restaurants, though, have been slower to take action, citing logistical difficulties. Laurie Thomas, executive director for the Golden Gate Restaurant Association, which represents hundreds of restaurants in San Francisco, said restaurant “staffs are not trained to verify; our spaces are often porous with numerous entrances.”
It may be easier for bars to check someone’s vaccine status since they already check patrons’ identification before entry, she said. She also cited glitches with California’s digital record system for vaccines.
Many restaurateurs across the country have already struggled to navigate the shifting COVID19 rules during the pandemic, including around masks and social distancing. Requiring proof of vaccination could add to the burden.
Regardless, Thomas said the restaurant association will support any establishment that decides to require vaccination proof for entry and said it would follow the city’s and the health department’s lead.
To mitigate the risk of the delta variant, most Bay Area counties have recommended — but not yet required — masking indoors for vaccinated people.
On Monday, Breed said she would support any business that decides to impose a vaccine mandate.
“I want to be very, very clear,” Breed said at a press conference. “There are a lot of folks who still need to be vaccinated. And I don’t want everyone else who did their duty to get vaccinated have to suffer.”
Tanay Warerkar is The San Francisco Chronicle’s assistant food & wine editor. Trisha Thadani is a San Francisco Chronicle staff writer. Email: tanay.warerkar@sfchronicle.com, tthadani@sfchronicle.com Twitter: @TanayWarerkar, @TrishaThadani