If Texas Businesses Are Free To Require Face Masks, Why Can’t They Require Proof of Vaccination?

“there is ample evidence that vaccines sharply reduce the risk of infection and are even more effective at preventing life-threatening symptoms. Furthermore, schools have a long history of requiring that students be vaccinated against other diseases. Abbott’s order nevertheless says “state agencies and political subdivisions shall not adopt or enforce any order, ordinance, policy, regulation. rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual’s vaccination status for any COVID-19 vaccine administered under an emergency use authorization.” That prohibition also applies to “any public or private entity that is receiving or will receive public funds through any means, including grants, contracts, loans, or other disbursements of taxpayer money.””

“a state law that Abbott signed on June 16 goes further, saying “a business in this state may not require a customer to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business.” It says any business that violates this provision is ineligible for state contracts, and it allows state agencies to “require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.””  

“”Texas is open 100 percent, and we want to make sure that you have the freedom to go where you want without limits,” Abbott declared after signing the law banning proof-of-vaccination requirements. That position sacrifices private property rights and freedom of association in the name of an unlimited “freedom” that has never been legally recognized: the freedom of any given customer to dictate the terms on which businesses offer products or services.”  

assuming that school vaccine mandates are justified with respect to other communicable diseases, it is hard to see why COVID-19 should be treated differently—leaving aside the lack of full FDA approval, which is expected to be remedied soon. One counterargument is that COVID-19, which rarely causes life-threatening symptoms in children and teenagers, poses a less serious danger to them than other diseases for which vaccination is required.* Still, requiring teachers and students to be vaccinated certainly seems like a more cost-effective policy than requiring them to wear masks all day.”  

“it hardly makes sense to say that private businesses should be free to require face masks, on the theory that customers who don’t like that rule can go elsewhere, while prohibiting them from requiring proof of vaccination, which likewise is not tantamount to a legal requirement.”

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