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re: Should businesses have the right to turn away those who can't prove they were vaccinated?

Posted on 3/1/21 at 12:22 pm to
Posted by themunch
Earth. maybe
Member since Jan 2007
64612 posts
Posted on 3/1/21 at 12:22 pm to
quote:

Your gym is not ..


The gym is responsible and it's employees for not divulging private health information under Hipaa. It is not just health related companies. Do you know the reason for the development of HIPAA?
Posted by jrobic4
Baton Rouge
Member since Aug 2011
6901 posts
Posted on 3/1/21 at 12:25 pm to
Yes... private businesses should be able to turn away whoever they want (but of course there's a double standard for that)
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 3/1/21 at 12:29 pm to
quote:

The gym is responsible and it's employees for not divulging private health information under Hipaa
we have discussed “covered entities“ at some length in this thread. Please show us your analysis as to how the local boxing gym or discoteque constitutes a covered entity.
quote:

Do you know the reason for the development of HIPAA?
What part of the statute are you referencing? HIPAA had existed for almost a decade before the privacy provisions were added.
This post was edited on 3/1/21 at 12:44 pm
Posted by BugAC
St. George
Member since Oct 2007
52765 posts
Posted on 3/1/21 at 1:10 pm to
quote:

Yes,I know it might be a little difficult to prove but I was issued a vaccination "card"after my first shot.



Where's your vaccination card for Measles, Mumps, Meningitis, etc...?
Posted by TaderSalad
mudbug territory
Member since Jul 2014
24637 posts
Posted on 3/2/21 at 7:20 am to
quote:

AggieHank86


Now do bakers rights.
Posted by tween the hedges
Member since Feb 2012
20242 posts
Posted on 3/2/21 at 7:30 am to
quote:

Should businesses have the right to turn away those who can't prove they don't have HIV?
Im pretty sure porn production or brothels where they are legal do this...
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 3/2/21 at 7:56 am to
quote:

TaderSalad
Now do bakers rights.
Simple enough

Ideologically, a baker (or a butcher or a candlestick maker) SHOULD have the right to do (or decline) business with anyone for any reason or for no reason. I believe that strict construction of the Constitution also supports this view.

Legally, public accommodation and protected class statutes currently interfere with that right. I believe those statutes to be unconstitutional, but a century of Commerce Clause jurisprudence disagrees. It would take a SCOTUS with YUGE cojones to change it.

I have said the same hundreds of times on this very forum. Some posters just seem to have difficulty grasping the difference between that which SHOULD be and that which IS.
This post was edited on 3/2/21 at 11:08 am
Posted by Knartfocker
Member since Jun 2020
1275 posts
Posted on 3/2/21 at 8:24 am to
quote:

porn production or brothels


Fair point
Posted by longwayfromLA
NYC
Member since Nov 2007
3331 posts
Posted on 3/2/21 at 10:24 am to
quote:

Now how about if you're unvaccinated AND gay?

They don't let you enter the building but still have to bake you a cake?



You might have meant to be facetious here, but this is precisely correct. Anyhow, there are no laws on the books that protect against discrimination against the unvaccinated. Any business can totally do this if they want.

That said, they won't want to because:
1. it would be expensive and administratively burdensome to enforce.
2. they like money and thus want money from these customers

Only businesses where they might lose other customers will have this rule - hospitals, airlines, etc.

Which is not to say business won't end up force you to get a vaccine. It just won't be you retailer, but rather your employer who will soon have a financial incentive via the Payers to force you into it.

Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30597 posts
Posted on 3/2/21 at 10:31 am to
I firmly believe that any non-monopolistic business, or private organization should be able to turn away any individual as long as they receive NO govt. assistance at all.
Posted by BiteMe2020
Texas
Member since Nov 2020
7284 posts
Posted on 3/2/21 at 10:33 am to
No, because this isn't a vaccination. It's a flu shot that you apparently need to take annually.

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 3/2/21 at 11:09 am to
quote:

No, because this isn't a vaccination. It's a flu shot that you apparently need to take annually.
Certainly that is a distinction, but how does it make any substantive difference?

The business owner either has a right to control access to his property ... or he does not. If he "does not," it isn't REALLY "his" property, is it?
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30597 posts
Posted on 3/2/21 at 11:51 am to
quote:

The business owner either has a right to control access to his property ... or he does not. If he "does not," it isn't REALLY "his" property, is it?
Bingo. The exception being if the business is benefited directly by tax payers' money.
Posted by longwayfromLA
NYC
Member since Nov 2007
3331 posts
Posted on 3/2/21 at 11:54 am to
quote:


No, because this isn't a vaccination. It's a flu shot that you apparently need to take annually.


So what you're saying is that you don't know what a vaccine is. Got it.
Posted by longwayfromLA
NYC
Member since Nov 2007
3331 posts
Posted on 3/2/21 at 11:55 am to
quote:

The exception being if the business is benefited directly by tax payers' money.


Which is 100% of businesses then.
Posted by TigerFox
Member since Jun 2013
303 posts
Posted on 3/2/21 at 11:58 am to
Shouldn’t we trust the science and let the virus just kill the ones that don’t get the shot?
Posted by MIZZOU_JP
Member since Apr 2015
1813 posts
Posted on 3/3/21 at 5:24 pm to
That's the one!
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