Is it authorized to require vaccinations to journey? Sure, say consultants

Vaccine mandates reached the U.S. travel world last winter, picked up speed in the spring, and hit a fever in the summer.

Vaccinations are now necessary to eat in cafes in France, watch a Broadway show in New York City and soon to fly commercially in Canada.

Although mandates expected for cruises and international travel, the pace and scope of activities they now cover – from booking group tours for overnight stays in hotels – surprised industry experts.

“It was interesting to see vaccine mandates accelerate rapidly,” said Harry Nelson, founder of Nelson Hardiman’s law firm.

He said that while the US Food and Drug Administration’s full approval of the Pfizer BioNTech vaccine last month sparked some mandates, it was also “fueled by the increasingly supportive public opinion of the vaccinated majority.”

Are vaccination requirements legal?

Yes, said Lawrence O. Gostin, Professor in Georgetown Law and Faculty Director of the O’Neill Institute for National and Global Health Law.

“Companies have full authority to demand adequate safety standards for customers,” he told CNBC. “Just as many companies have requested masking, they could also require proof of vaccination.”

This applies regardless of whether mandates come from private companies or government attractions such as the Grand Canyon or tours of the White House, he said.

We believed it was the right thing to do, and sometimes it is hard to do the right thing.

Kelly Sanders

Senior Vice President of Operations, Highgate Hawaii

“For some high-risk companies like cruise lines and hotels, it is very much in their economic interest that their customers feel safe and secure – they have every right to do so,” said Gostin. “Similarly, President Biden, who oversees federal property, could require proof of vaccination for entry into … national parks and federal buildings.”

Nelson agrees, adding that there is a long history of courts upholding vaccine mandates, although most of them were related to school requirements.

“I expect most of the vaccine mandates will pass,” he said.

Vaccine exemptions

The next big debate could be the diluting effect vaccine exemptions can have on vaccine mandates.

Gostin said public and private corporations “likely need to allow both medical and religious exemptions,” but they can be “narrow and difficult to come by”.

United Airlines seems to be taking this approach. Employees granted religious exemptions to the airline’s recently announced vaccination mandate will be granted temporarily unpaid leave until next month.

Unvaccinated tourists traveling to New York City can walk the streets near Broadway, but without exception they cannot attend shows.

Spencer Platt | Getty Images News | Getty Images

The government has a “simple case” of rejecting religious exemptions for infectious disease vaccines, wrote Douglas Laycock, a professor at the University of Virginia School of Law. in an article published last week on the Australian news site The Conversation.

“Even if religious objections are sincere, the government has a compelling interest in overriding them and insisting that everyone be vaccinated,” he wrote. “And that overrides any claim under state or federal constitutions or religious freedom laws.”

Regarding how far challenges with vaccine mandates can go, Laycock wrote, “If governments that mandate vaccines fail to defend their rules or the Supreme Court changes the law, the answer is likely, ‘Not far’.”

Nelson said he believed a majority in the US Supreme Court would welcome the opportunity to articulate broader personal religious freedoms if given the opportunity.

What’s next?

Expect more companies to post vaccine mandates, Nelson said, especially after vaccines were approved by the FDA for children ages 5 to 12, and possibly even younger.

Hotels have been slow to enter the vaccination mandate battle, but that is beginning to change. Elite Island Resorts, which operates nine resorts in the Caribbean, and Highgate Hawaii, which operates seven hotels in Hawaii, have both announced mandatory vaccination policies.

“We believed it was the right thing to do, and sometimes it’s hard to do the right thing,” said Kelly Sanders, senior vice president of operations for Highgate Hawaii. “I assume that more (hotels) will follow at some point.”

Starting October 15, guests 12 and older must be vaccinated to stay at the ‘Alohilani Resort Waikiki Beach in Highgate Hawaii.

Courtesy of ‘Alohilani Resort Waikiki Beach

Flights could be the next if airlines follow the example of Qantas’ CEO Alan Joyce, who pointed out earlier this month that Passengers need to be vaccinated on its international flights.

US officials are discussing whether to make vaccinations mandatory at home and abroad, as of last week. reported The Washington Post. Dr. Anthony Fauci, the White House’s senior medical advisor, said this month he would likely support a vaccination mandate for air travel.

Georgetown’s Gostin said he could expect President Biden to issue a vaccine mandate for interstate or international travel, similar to what his administration announced earlier this week for foreigners entering the United States

“But the airlines could also set this requirement themselves,” he said.

So far, no major US airline has announced such a policy.

Vaccination records

So-called “vaccination passports” could also be in sight, said Nelson, as the interest in reliable proof of vaccination status is increasing.

“I think we will see them across the hotel and entertainment industry,” he said.

Starting September 13th, guests at the New York Equinox Hotel must be vaccinated.

Jeenah moon | Bloomberg | Getty Images

The White House ruled out plans to issue a federal vaccine passport last April, but Nelson said he believes that given the “trend of” red “states’ hostility to the concept, they are more likely to show up in” blue “states.”

“I have a feeling that the government expects that the more ambivalent and reluctant the vaccination, the stronger the public pressure,” he said. “New measures, coupled with fears of hospitalization and unvaccinated mortality rates, are likely to lead to even more support for further restrictions.”

Norwegian Cruise can require Florida passengers to be vaccinated, decide guidelines

Norwegian Dawn from Norwegian Cruise Line

Paul Marotta | Getty Images

Norwegian Cruise Line said Sunday that a federal judge ruled to temporarily suspend enforcement of a law in Florida that prohibits companies from requiring customers to provide proof of vaccination.

U.S. District Judge Kathleen Williams issued the injunction that allowed Norwegian to request vaccine documents from customers while the case is on trial. The Norwegian Gem is scheduled to leave Miami on August 15th. It’s the cruise line’s first trip out of the state since the pandemic shut down the cruise industry more than a year ago.

Infection numbers in Florida have increased 51% in the last seven days, according to Johns Hopkins University. The state reported 134,506 new Covid cases from July 30 to August 5, more than any other 7-day period tracked by the JHU, and the positivity of new cases is 18.9%.

“It’s scary what’s happening in Florida,” said Derek Shaffer, an attorney for Norwegian Cruise Line, during a trial Friday to seek the injunction. “All of Florida is a hot spot … All we do is protect our employees and passengers.”

Norwegian CEO Frank Del Rio said the company is trying to keep passengers and crew members safe.

“The health and safety of our guests, our crew and the communities we visit is our top priority today, tomorrow and forever,” Del Rio said in a statement on Sunday. “It’s not a tagline or a tagline, we mean business, and our commitment to these principles is demonstrated by the effort our company has put into providing the safest cruise experience possible from Florida.”

On Friday, Florida attorney Pete Patterson said the law protects customers’ civil liberties and prevents companies from discriminating against unvaccinated people.

“You can’t discriminate against customers for refusing to give you information,” Patterson said.

Had the cruise line not received the injunction and continued to request proof of vaccination for the upcoming trip, it could have been prosecuted under Florida law and fined up to $ 5,000 per passenger.

In his argument, Shaffer said that “no cruise line in Norwegian ‘s position can afford” to withstand a fine of this magnitude. Shaffer claimed Florida lawmakers wanted “political points” in the vaccination debate.

If the law stays in place, the cruise operator could be forced to cancel upcoming cruises or “sail in a way that’s worse for our passengers and crew,” Shaffer said.

The company that operates the Norwegian Cruise Line, Oceania Cruises and Regent Seven Seas Cruises brands, filed suit against Florida surgeon general challenged the law in July.

Norwegian attorney said the company had waited to file the lawsuit pending a federal appeals court ruling on another Florida case against the Centers for Disease Control and Prevention. The court sided with Florida, which claimed the CDC’s cruise ship regulations were too burdensome and cost millions of dollars in tax revenue.

The cruise operator plans that all guests and crew members on its trips are fully vaccinated and must have Covid-19 tests before embarkation.

On Friday, Norwegian announced that its second quarter loss rose to $ 717.8 million, or $ 1.94 per share, on revenue from $ 4.37 million. The company expects further losses until the shipping company can resume its regular trips.

United Airways would require all U.S. staff to be vaccinated, a primary for nation’s carriers

United Airlines will require its 67,000 US employees to get vaccinated against Covid-19 by October 25th or risk firing, a first for major US airlines that is likely to put pressure on rivals.

Hours after United’s announcement on Friday, discount stores Border airlines said it Employees must be vaccinated by October 1st or get tested regularly for Covid.

Airlines, including United, had opposed vaccine mandates for all workers and instead offered incentives such as extra pay or time off to get vaccinated. Delta Airlines in May, newly hired employees were required to provide proof of vaccination. United followed in June.

United’s requirement is one of the strictest vaccination regulations of any US company and involves employees who regularly interact with customers such as flight attendants and gate agents.

US companies like Facebook Registered employees must provide evidence of a vaccination to return to the office. Others only ask for it for certain employees. Walmart, for example, said last week that it will be required for company employeesbut no warehouse or warehouse workers. above said US Office staff must be vaccinated in order to return to work in person, but they no longer have to be required for drivers.

Meat packers Tyson Foods said its 120,000 US employees this week must be fully vaccinated this year, however, according to the company, there are already 56,000.

“We know some of you will disagree with this decision to require the vaccine for all United employees,” United CEO Scott Kirby and President Brett Hart said in an employee note Friday. “But we have no greater responsibility to you and your colleagues than to ensure your safety at work, and the facts are crystal clear: everyone is safer when everyone is vaccinated.”

Kirby said he wanted to in January Make Covid vaccines mandatory and that other companies should do the same.

Ending the Covid-19 pandemic is especially critical for airlines, which are among the industries hardest hit by the pandemic. While summer vacation bookings exceeded the expectations of most executives, the rapidly spreading Delta variant begins weigh on requestFrontier Airlines said earlier this week.

“In the past 16 months, Scott has sent dozens of letters of condolence to the family members of United employees who have died of COVID-19,” executives said. “We are determined to do everything in our power to prevent any other United family from receiving this letter.”

United Airlines employees must upload proof that they have received two cans Pfizer or Modern Vaccines or a dose of Johnson & Johnson‘s single dose five weeks after full approval by federal officials or by October 25, whichever comes first, executives said. Exceptions are made for specific health or religious reasons, United said.

The mandate does not apply to regional airlines flying shorter routes for United.

Many of United’s employees have already reported they have been vaccinated, including more than 90% of pilots and 80% of flight attendants, company officials said. United did not disclose the company’s overall vaccination rate.

This compares with about 60% of the American Airlines‘Pilots are being vaccinated,’ said an Aug. 5 letter to members of their union, the Allied Pilots Association, encouraging Airmen to get vaccinated.

United didn’t say what the company’s overall vaccination rate is.

The decision was driven in part by concerns about a spike in Covid-19 cases over the past fall and winter, company officials said.

The Air Line Pilots Association, which represents United’s more than 12,000 airmen, believes the mandate is legal. It said the “small number of pilots” who disagree with the policy or plan to remain unvaccinated should contact their chief pilot’s office.

The flight attendants’ union, the Association of Flight Attendants, urged cabin crew to get vaccinated following United’s announcement.

“COVID-19 is a threat,” the union told members. “There are proven strategies to mitigate this threat. Vaccinations are necessary to end the pandemic and the health and economic damage it has caused.”

For its part, American Airlines said it has not changed its policy of promoting, but not mandating, vaccines for employees. Delta Airlines said it “strongly” encourages workers to be vaccinated but does not require it for all of its employees, except for new hires. More than 73% of the approximately 75,000 employees are vaccinated, it said.

Southwest Airlines did not say whether it plans to prescribe vaccines but said its policy has not been changed.

NY’s Broadway, Metropolitan Opera, Carnegie Corridor to require vaccines

If you want to attend a live performance in New York, prepare to show proof that you received your Covid shots.

The Broadway League announced Friday that the owners and operators of all 41 Broadway theaters in New York City will require viewers, performers, backstage crew and theater staff to be fully vaccinated by October.

Young children or people with medical conditions or religious beliefs that prevent vaccinations can still attend shows if they have a negative Covid-19 test. You will need a PCR test within 72 hours of the start of the performance or a negative antigen test that will be performed within 6 hours of the start of the performance in order to be admitted.

“A uniform policy in all New York Broadway theaters makes it easy for our audiences and should give our guests even more confidence how seriously Broadway takes the safety of the audience,” said Charlotte St. Martin, President of the Broadway League.

An exterior view of the Palace Theater at the premiere of “West Side Story” on Broadway at the Palace Theater on March 19, 2009 in New York City.

Neilson Barnard | Getty Images Entertainment | Getty Images

Audiences in the theater must also wear masks, except when eating or drinking in designated areas.

In September, the league will review these guidelines for November performances.

The Metropolitan Opera also requires guests, performers, orchestras, choirs, and staff to provide proof of vaccination, but face masks are optional. The opera will prohibit children under 12 from attending performances.

“The Met policy states that masks will be optional, this could change depending on prevailing health conditions. Also, unlike Broadway, we will have absolutely no exceptions to the vaccination-only policy, ”a Metropolitan Opera spokeswoman said in an email.

Guests must present proof of vaccination upon entering the theater and be fully vaccinated with an FDA or WHO approved vaccine. This means that guests have to wait at least two weeks after their last recordings to attend a performance.

Carnegie Hall will also require proof of vaccination from all guests, artists, staff and visitors and will ban children under the age of 12 from attending performances, a statement said.

Younger children are not yet entitled to the Covid vaccine.

The new requirements result from the rapid spread of the Delta variant across the country, especially in areas with low vaccination rates. On Tuesday the Centers for Disease Control and Prevention announced new instructions Encouraging people to wear masks in again Areas of the country where cases have increasedeven if they are vaccinated. This was a reversal of the Agency’s previous policy.

The CDC warns that the Delta variant is as contagious as chickenpox and could make people sicker than the original Covid.

Broadway begins will reopen its doors to the public at full capacity on September 14th, after switching off since March 2020. New York City has Billions lost in tourism dollars when live performances on Broadway, Lincoln Center, and Carnegie Hall were interrupted.

The industry received government support through a program called Grant for operators of shuttered venues, which provided $ 16.2 billion to keep the entertainment industry alive across the country until performances could be safely returned to normal.

The surge in Covid cases due to the Delta variant comes at a precarious time for the industry, which has invested in reinstating artists and other workers in preparation for the resumption of performances.

Disney World and Disneyland to require parkgoers to put on masks indoors

A guest takes a selfie in Magic Kingdom Park at Walt Disney World Resort on July 11, 2020.

(Photo by Olga Thompson / Walt Disney World Resort via Getty Images)

Disney has changed the mask policy at its US-based theme parks to reflect new guidelines from health and government officials.

Starting Friday, the company will require all guests, regardless of vaccination status, to wear face-coverings indoors at Walt Disney World Resort in Florida and Disneyland Resort in California. Children under two years of age are exempt from this mandate.

The policy change comes as Covid cases continue to rise in the US. On Wednesday, the Centers for Disease Control and Prevention reversed course and Recommended that fully vaccinated individuals wear masks again indoors in places with high Covid transmission rates. This Hot spots include states like California and Florida.

Disney has updated its safety guidelines in line with local health regulations since the pandemic began, both domestically and internationally. Most recently, the company required proof of a Covid vaccination or a negative Covid test before entering its Paris amusement park according to French guidelines.

United would require new staff to indicate proof of Covid vaccine, following Delta

A United Airlines Boeing 777-200ER is towed while an American Airlines Boeing 737 departs from O’Hare International Airport in Chicago, Illinois.

Kamil Krzaczynski | Reuters

United Airlines Starting this month, after a similar step, new employees will have to provide evidence that they have been vaccinated against Covid-19 Delta Airlines.

The new rule requires outside applicants with job vacancies submitted after June 15 to confirm that they are fully vaccinated by their start date, the Chicago-based airline said.

The move comes as companies grapple with the question of whether to vaccinate their employees or find a way to incentivize vaccination. United, Delta and American have offered additional time out or pay to employees who are vaccinated. Great employers like Walmart have taken similar measures.

“As we welcome new employees to the company, it is important that we convey United’s strong commitment to safety,” the airline said in a statement to employees previously by Brian Sumers, editor-in-chief of the travel industry site , Skift was tweeted.

The new employees “have to upload their COVID vaccination card to My Info no later than 7 days after the hiring date,” said the airline. The company added that it will evaluate any religious or medical circumstances of candidates who cannot be vaccinated.

United CEO Scott Kirby said in January that he wanted to make Covid vaccines mandatory for employees, but the airline didn’t take that step.

Airlines have spent much of the last year downsizing, but airlines like United have announced that they will resume hiring pilots and other positions when travel demand picks up again.

Caesars Leisure received’t require absolutely vaccinated visitors or ‘Workforce Members’ to put on masks

LAS VEGAS (KLAS) – Caesars Entertainment does not require fully vaccinated guests or team members to wear a mask. Your decision will be made a day after the Centers for Disease Control and Prevention published new guidelines for the mitigation action.

Governor Steve Sisolak and the Nevada Gaming Control Board said they would also follow the recommendations.

Caesars Entertainment sent the following statement:

“Caesars Entertainment has strictly adhered to CDC, state, local and regulatory guidelines throughout the COVID-19 pandemic. According to the latest recommendations, our guests or team members who have been fully vaccinated are no longer required to wear a mask on our Nevada property. We ask our unvaccinated guests and team members to continue to adhere to the CDC and state mask mandates. The health and safety of our guests and team members remains our priority. We will continue to provide easy and convenient access to vaccination for team members, follow improved safety and cleaning protocols, and comply with all applicable CDC, government and regulatory guidelines. We continue to hope that by working together we can continue to move forward towards a full recovery. “

May leisure venues require vaccine passports sooner or later?

GRAND RAPIDS, me. (WOOD) – As more and more people get a COVID-19 shot, there are still questions about the possibility of a so-called vaccination pass in the future.

Vaccination passports or vaccine certificates are Documents showing that you have been vaccinated against COVID-19 or recently tested negative for the virus. The certificates are still being developed and how and whether they are used can vary widely around the world.

Kent County Health Department officials say this type of policy decision would come from the state or federal government rather than local health departments.

These types of conversations are already being held between some event staff in West Michigan.

“Unfortunately, COVID has resulted in us having all kinds of conversations that we never thought we’d have, and some of them turned into practices and some didn’t,” said Richard MacKeigan, Regional General Manager for Van Andel Arena and DeVos Place.

Although MacKeigan said it was a topic of discussion between him and his colleagues, he doesn’t think it will be anything the venues themselves would require.

“I think it’s more likely a health department or state will require it, but I think more likely if it does become a reality it could be something a tour artist or event organizer needs. I think it will most likely be a professional league – an NBA or an NHL. If that happened then I could see a lot of venues catching up, ”he said.

It’s almost impossible to know for sure right now, but if something does come of this, MacKeigan believes it would start on a case-by-case basis and eventually become more mundane. As for the venues themselves, he is optimistic about the future.

“The calendars in the arena and in the DeVos Performance Hall are packed, and that is another assurance for me that my reason for optimism is justified. It’s an assurance that the agents, the artists, the managers, want to come back, get out and work. “

As more people fill the venues in the future, MacKeigan says there are several new protocols that people can use to retreat to a comfortable and safe environment, including contactless entrances, bathrooms and sales, as well as a new air handling system in the convention center, theater and arena .

“We now have a safer environment in our venues for entertainers, athletes, guests and employees.”

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Rutgers College to require Covid vaccine for college students returning to campus within the fall

A worker prepares materials for vaccination at the University Hospital’s COVID-19 Vaccination Clinic at Rutgers New Jersey Medical School in Newark, New Jersey, the United States, on December 15, 2020.

Eduardo Munoz | Reuters

Rutgers University is requiring students to return to campus this fall to prove they have been vaccinated against Covid-19. This makes it one of the first institutions in the USA to commission the vaccinations.

Rutgers President Jonathan Holloway announced the change In a statement Thursday, the university plans to update its on-campus vaccination requirements for students to include the Covid-19 vaccine.

Students must provide evidence that they have been fully vaccinated with any of the three vaccinations currently approved for use in the United States. Pfizer‘s, Modernor Johnson & Johnson‘s – although students under the age of 18 are only eligible for the Pfizer shot. Pfizer’s is the only FDA-cleared vaccine for use in people aged 16 and over.

Students who are fully enrolled in online courses and who do not have access to on-campus facilities are said to be exempt from vaccination, as are those with medical or religious reasons that prohibit vaccination.

Many universities in the US have different reopening plans have struggled to get students to return to their locations during the pandemic. Some institutions were forced Knock down off-campus gatherings and events that have caused outbreaks in the surrounding community.

“From the beginning of the pandemic, the safety of the wider Rutgers community was our shared responsibility. This has never been more true,” Holloway said in the statement. “The importance of having an effective vaccination program to keep our community safer for all cannot be overstated.”

Focuses on information

Dr. Preeti Malani, chief health officer and professor of medicine and infectious diseases at the University of Michigan, told CNBC that Rutgers was one of the first universities she knew will require Covid-19 vaccinations this fall.

Malani has worked closely with health officials from other Big 10 universities, including Rutgers, to steer the campus reopening amid the pandemic. At the moment, the University of Michigan has no plans to require admissions among returning students this fall, she said.

“We really focus on giving students good information and helping them sign up. We have no way of vaccinating people on campus, and that’s because there are lots of other people out there who are getting vaccinated properly have to now, “Malani told CNBC in a telephone interview.

“We are confident that as supply outgrows demand, we may be able to host some types of student-focused vaccination events,” she said.

Universities need other vaccines for students living on campus, such as meningitis, hepatitis, and measles could likely extend to Covid-19, Experts say. However, it could be difficult to keep track of who was vaccinated on campus, Malani said, especially at facilities with many overseas and international students.

“The [Centers for Disease Control and Prevention] can provide guidance and say, for example, “You shouldn’t live in a dorm if you are not vaccinated”. I think there are a lot of people’s opinions on it at the moment, “said Malani.

“What we do know is that the news about vaccination is getting better and better and that this is not just a way to protect individuals but a way to protect the entire community,” she said.

Back to normal

Requiring students to get vaccinated against the disease will allow Rutgers to resume a wide range of activities and allow for an “accelerated return to normalcy before the pandemic,” the university said in its statement Thursday. The widespread vaccination enables the university to offer more face-to-face teaching as well as expanded dining and recreational opportunities.

The decision was based in part on the president Joe Bidens It is estimated that every American will have access to a vaccine by the end of May.

A number of states have announced that they will open vaccine licenses to all adults in the coming weeks before Biden meets the May 1 deadline for the state extension to all adult residents.

New Jersey officials have agreed to the New Brunswick-based university to begin administering vaccines to students and faculty as more doses become available. However, the university urges “all members of its community currently eligible to receive a vaccine not to wait” and to be vaccinated “as soon as possible” because the state has not yet provided supplies to the university.