A Leon County circuit judge is scheduled Thursday to hold a hearing in a Sarasota hobby and craft store’s challenge to a state law that bans so-called “vaccine passports.”
Circuit Judge Layne Smith is considering the case two months after a federal judge in South Florida sided with Norwegian Cruise Line Holdings in a challenge to the law, which seeks to prevent businesses from requiring customers to show proof of vaccination against covid-19 and threatens fines for violations.
The Sarasota business, Bead Abode, Inc., argues that the law violates the First Amendment and is seeking an injunction to block it. The First Amendment arguments echo the reasoning of U.S. District Judge Kathleen Williams, who issued a preliminary injunction in August in the Norwegian case.
Bead Abode said in the lawsuit, filed Sept. 10, that many of its customers are retirees and some have health issues. It said it closed its doors in March 2020 because of the pandemic, offering only online sales and classes, but developed a plan to reopen this year as vaccinations became available and as the number of cases appeared to be waning.
“Absent the relief being sought to enjoin defendant (the state) from enforcement of this clearly unconstitutional content-based restriction on protected speech, Bead Abode would be forced to choose between its commitment to the safety of its customers and crushing penalties from enforcement of this law,” the business’ lawyer, Andrew Boyer, wrote in the lawsuit.
But the state, which has appealed the federal-court decision, argues that Smith should reject the request for an injunction. It disputes that the law, which the Legislature passed in April, violates First Amendment rights.
In a court document filed last week, lawyers from Attorney General Ashley Moody’s office wrote that the law “restricts only conduct, not speech, and therefore does not implicate the First Amendment.”
“In other words, the provision leaves owners and patrons free to have whatever discussions they choose but ultimately requires owners to serve patrons no matter their vaccination documentation,” the state’s lawyers wrote. “An owner who asks a patron whether he or she is vaccinated (and even asks if the patron can provide proof) acts consistent with the law; a violation occurs only when the patron responds in the negative and the owner, in turn, refuses to provide services. In that way, the law regulates only conduct — the provision of services by a business — not speech.”
Gov. Ron DeSantis has made a priority of banning vaccine passports, issuing an executive order in April that was followed by the Legislature putting a ban into state law.
Williams’ August ruling applied only to Norwegian. In it, she wrote that the law is a “content-based restriction” on speech, as it targets documentation but allows businesses to request other information from customers about issues such as vaccinations.
“While companies cannot require customers to verify their vaccination status with ‘documentation,’ the statute does not prohibit businesses from verifying vaccination status in other ways (e.g., orally),” Williams wrote. “Accordingly, under (the law), businesses could still ‘discriminate’ against unvaccinated individuals by adopting a vaccination requirement, which they could enforce by requiring oral verification of vaccination status before entry or by deterring unvaccinated patrons from entering by putting up signs that read ‘vaccinated customers only’ and ‘unvaccinated patrons are not allowed.’”
But in a brief filed Monday at the 11th U.S. Circuit Court of Appeals in the Norwegian case, attorneys for the DeSantis administration said the law is an “economic regulation that does not implicate” the First Amendment.
“The law simply prohibits businesses from conditioning service on customers providing documentation certifying COVID-19 vaccination,” the brief said. “Norwegian may still request that documentation from its customers, its customers may voluntarily provide it, and both parties are free to discuss the topic. What Norwegian may not do is deny service to customers who fail to provide that documentation.”
–Jim Saunders, News Service of Florida
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Al says
Why can’t an establishment ask that patrons either be vaccinated or show a test that indicates they don’t have covid. The owner is obligated to provide a safe environment for visitors. If they mop the floor and someone slips can’t they be help liable? Europe seems to be operating this way and no complaints and their covid rates are better then the U.S.
Robjr says
You may be overlooking the influence that the former imbecile in chief has over many
Jimbo99 says
Really a 2 way street though, individuals should be able to require any employee or business that same proof of a CDC card. And if they can’t, they should be shut down just the same as any patron being asked to leave the premises ? Don’t take it personally, it’s just a uniform policy for health & safety issues. If someone gets Covid from a business, well, shouldn’t that business either pay for any healthcare costs out of pocket or have an insurance that picks up the tab for an ICU stay ? We are kicking around financial responsibility aren’t we. And it seems reasonable enough to me that accountability & responsibility is applied uniformly across the board. Is a lot of this inflation we’re seeing exactly that, increased risks & costs of doing business being charged to consumers ? Employees need to raise their labor rates accordingly, that’s their revenues & what is associated with the risk & profitability of being a sole proprietor of their own labor/service business entity. I have no issue with being charged more, being required, but understand that involves my free time and those demanding that satisfaction need to reach into their wallets & bank accounts to be charged those fees. See where this is going, exclusion & unaffordability. Business in America has become all about validating discrimination ? Dock those cruise ships, a majority of folks don’t need the pollution, dumping, crimes on the high seas that perpetuates from them. By shutting down cruise lines, we solve quite a few social issues. But I doubt the execs want that, they’d be poorer for it.
Sherry says
“No Shoes, No Shirt, No Vax = No Service”! It “could” and “should” really be that simple. EXCEPT for idiots like DeSantis and other Republican politicians who have dangerously “politicized” this pandemic and caused needless financial burdens, pain, suffering, and even lives!
Dedicated American says
Everyone is entitled to make their own decisions regarding their bodies. How many people actually
Research what their government is dictating to them. These vaccines have not had enough time to be processed thoroughly for the world population to receive. Have any of you read about the one world government coming into affect in about five years. This is Microsoft’s Bill Gates, Fauci , pharmaceutical companies and your government representatives using EUGENICS to reduce the world population of which the Covid vaccine is all about. All governments through out the world are dictating to everyone human to take the vaccine. They and the pharmaceutical companies are telling all that agree to their untruths that this vaccine will keep you from getting Covid. Do your research people before you make decisions. Remember what happened to all the innocent lives that were taken in Germany under the Hitler reign. Wake up America…
Mark says
Vaccine should be mandatory to enter any public place,period. MAKE OUR COUNTRY MAKE SENSE AGAIN!
Sherry says
@DA. . . You are in vital need of some kind of mental health assistance. I do hope an intervention is being planned to help you return to reality. Seriously, seek out some help for yourself right away. GOOD LUCK!
A.j says
Your life your choice. Just saying.