Is it legal to require vaccinations for travel?Yes, experts say

Vaccine obligations flowed into the US travel industry last winter, picking up steam in the spring and creating a frenzy in the summer.

Vaccination is required to dine at a French cafe, watch a Broadway show in New York City, and soon make a commercial flight in Canada.

Mandate Expectations for cruises and overseas travel, The pace and scope of the activities they currently cover — From group tour booking To stay at a hotel — surprised industry experts.

Harry Nelson, founder of Healthcare Law Firm Nelson Hardiman, said:

He said that while the full approval of the Pfizer-BioNTech vaccine by the U.S. Food and Drug Administration last month prompted several obligations, they were “promoted by the increasingly supportive public opinion of the vaccinated majority. There are. “

Is Vaccine Obligation Legal?

Yes, said Lawrence O. Gostyn, a professor of Georgetown Law and Dean of the O’Neill National and World Institutes of Health Law.

“Companies have the full power to demand reasonable safety standards from their customers,” he told CNBC. “Just as many companies need masking, you can ask for proof of vaccination.”

He said it was true whether the mandate was from a private company or from a government-owned attraction such as a tour at the Grand Canyon or the White House.

We strongly felt it was the right thing to do, and sometimes it’s hard to do the right thing.

Kelly Sanders

Senior Vice President of Operations, Highgate Hawaii

“For some high-risk companies, such as cruise ships and hotels, making customers feel safe and secure is very important to their financial interests, and they have the right to do so,” Gostyn said. increase. “Similarly, President Biden, who oversees federal assets, may require vaccination certification for admission to national parks and federal buildings.”

Nelson agreed and added that there was a long history of courts in favor of vaccine obligations, but they were primarily in the context of school requirements.

“I expect the vaccine obligations to rise in most cases,” he said.

Vaccine exemption

Unvaccinated tourists traveling to New York City can walk the streets near Broadway, but cannot attend the show without an exemption.

Spencer Pratt | Getty Images News | Getty Images

Professor Douglas Laycock of the University of Virginia School of Law said the government had a “simple case” of refusing religious exemptions from vaccines against infectious diseases. In an article published last week on the Australian-based news site The Conversation..

“Even when religious objections are honest, the government has a keen interest in nullifying them and claiming that everyone is vaccinated,” he wrote. “And it invalidates any claim under the law on state or federal constitutional or religious freedom.”

Lacock writes about how far the challenge of mandating vaccines can go.

Nelson said the majority of the US Supreme Court believes that the opportunity would welcome the opportunity to clarify the freedom of religion of a wider individual.

What’s next?

According to Nelson, more companies are hoping to announce their vaccine obligations, especially after the vaccine is approved by the FDA for children aged 5 to 12 and eventually younger children. There is.

Hotels are late in the vaccination dispute, but it’s starting to change. Elite island resortHighgate Hawaii, which operates nine resorts in the Caribbean and seven hotels in Hawaii, has announced a mandatory vaccine policy, like everyone else.

Kelly Sanders, Senior Vice President of Operations at Highgate Hawaii, said: “I hope there will be more (hotels) in the end.”

After October 15th, guests over the age of 12 must be vaccinated to stay at Alohilani Resort Waikiki Beach in Highgate Hawaii.

Courtesy of Alohilani Resort Waikiki Beach

If the airline follows the lead of Qantas CEO Alan Joyce earlier this month, the flight has the following possibilities: Passengers must be vaccinated On that international flight.

As reported last week, US authorities are discussing whether to require vaccination to fly domestically and internationally. Washington post.. Dr. Anthony Fauci, Chief Medical Advisor to the White House, said this month: May support vaccine obligations for air travel.

Gostyn of Georgetown said he could foresee President Biden issuing vaccination orders for interstate or international travel, similar to what his administration announced earlier this week. For foreigners traveling to the United States

“But the airline itself can set this requirement,” he said.

To date, major US airlines have not announced such a policy.

Vaccine passport

Nelson said the so-called “vaccine passport” could be imminent as interest in credible proof of vaccination status increased.

“I think you’ll see them throughout the hospitality and entertainment industry,” he said.

Beginning September 13, guests staying at the Equinox Hotel in New York City will be required to be vaccinated.

Jeenah Moon | Bloomberg | Getty Images

The White House ruled out plans to create a federal vaccine passport last April, but Nelson said it is likely to appear in the “blue” states given “the tendency of the” red “states to be hostile to the concept.” He said he was feeling.

“In my sense, the government expects the fact that as more vague and passive people are vaccinated, public pressure will increase,” he said. “The new measures, combined with fear of hospitalization and mortality for unvaccinated people, could lead to further support for more restrictions.”

Is it legal to require vaccinations for travel?Yes, experts say

Source link Is it legal to require vaccinations for travel?Yes, experts say

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