The potential problem here, Tan explains, is that a person’s immunity may have waned since receiving the vaccine, and they may be an asymptomatic carrier. Plus, Tan stresses that at this stage, the United States still hasn’t developed a rigorous testing and contact tracing strategy yet: something he says must be in place in order for mandated vaccine policies to be effectively enforced.
But American companies are a different story. “The general rule is that private businesses are private legal persons. They have rights, and they don’t owe other people constitutional rights,” Reiss explains. “Basically, private businesses have a lot of leeway to determine what conditions they put on their businesses.”
The second is that “public accommodation” businesses — like hotels, theaters, and restaurants — are subject to limitations found in the Civil Rights Act of 1964, including being prohibited to discriminate based on a person’s religion. According to Reiss, some may argue that their religious beliefs are in conflict with a vaccine requirement —
It’s also important to consider any type of vaccine mandate — whether enacted by a state or a private corporation — within the historical and social context of vaccinations in this country. “As long as we’ve had inoculation and vaccinations in the West, we’ve had people opposing and resisting them,” Goldberg explains. “Vaccines are fraught for many people.” While there are many reasons for this, for communities of color this includes a history of mistreatment by and mistrust in those in the medical profession.Covid-19 Vaccine: Could Venues and Airlines Require Proof for Entry? – Rolling Stone