Tipsheet

Don't Expect These States to Roll Out Vaccine Passports

Madeline Leesman
Madeline Leesman  |  August 04, 2021 12:30 PM

As New York City Mayor Bill de Blasio (D) implements a COVID-19 "vaccine passport" mandate for indoor dining, fitness, and other indoor businesses, several GOP governors across the country have already taken a stance to prohibit the development and use of vaccine passports in their state.

On Tuesday, de Blasio announced that New York City will require patrons of many indoor businesses in the city to provide proof of the coronavirus vaccine, called the “Key to NYC Pass.” However, governors across the country, including Florida Gov. Ron DeSantis (R ), have enacted legislation as far back as early April opposing such a mandate in their state.

DeSantis, specifically, has long-opposed vaccine passports and other coronavirus-related mandates. In early April, DeSantis signed an executive order prohibiting the distribution and requirement COVID-19 vaccine passports in the state. Since then, DeSantis has garnered media attention for lifting several coronavirus restrictions, such as mask mandates and school closures. But while he might appear the most vocal governor against vaccine passports, he certainly isn’t the only one.

After news broke of the NYC vaccine passport mandate, South Dakota Gov. Kristi Noem (R) took to Twitter to inform Americans that South Dakota would not be following suit. Noem reminded Americans that she signed an executive order back in April prohibiting the development or use of vaccine passports.

“Implementing a vaccine passport program could lead to unjustified, non-science-based restrictions on travel, speech, association, and other civil rights,” the order states. “Vaccine passports could lead to the improper disclosure of private health information and the unjustified use of that private health information to restrict South Dakotans’ access to workplaces, schools, businesses, gatherings, hotels, gyms, restaurants, theaters, music venues, or even weddings[.]” 

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In a similar fashion, Arizona Gov. Doug Ducey (R) also issued an executive order in April banning state agencies, counties, cities, towns, and government-contracted businesses from requiring visitors to provide documentation of a coronavirus vaccine. However, private businesses, health care institutions, schools, universities, and child care centers are permitted to do so.

“The residents of our state should not be required by the government to share their private medical information,” Ducey said in his press release announcing the executive order. “While we strongly recommend all Arizonans get the COVID-19 vaccine, it’s not mandated in our state — and it never will be. Vaccination is up to each individual, not the government.”

In Montana, Gov. Greg Gianforte (R) issued an executive order in early April that took a stronger stance. Under Montana’s order, the state cannot require vaccine documentation to access state services or facilities, as well as businesses, in Montana.

“Montana businesses are prohibited from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to gain access to, entry upon, or service from the business” the order stated. “COVID-19 ‘vaccine passports’ undermine individual liberty and personal privacy[.]”

In Texas, Gov. Greg Abbott (R) signed an executive order in April prohibiting government-mandated vaccine passports. The order also prohibits businesses and organizations receiving public funds to require customers to provide vaccine documentation.

“[T]he Constitution does not empower the federal government to mandate nationwide vaccine passports with the police power that is reserved to the States under our system of federalism,” the order states. “[A]n individuals COVID-19 vaccination status is private health information, and no governmental entity should compel disclosure of this information by mandating a so-called ‘vaccine passport’ for COVID-19[.]” 

Abbott sealed the deal in a tweet later on in June, stating that “Texas is open 100% without any restrictions or limitations or requirements.”

Later that day, Abbott posted a video to Twitter signing the order.

A month later, Iowa Gov. Kim Reynolds (R) signed a bill into law banning vaccine passports in her state. The law, House File 889, will withhold state grants and contracts from local governments or businesses that require customers to show proof of the COVID-19 vaccine. The law also prohibits state and local governments from including a constituent’s vaccination status on a government-issued identification card.

With vaccine passports becoming the norm in one of America’s largest metropolitan cities, it’ll be interesting to see which cities and states decide to jump on the bandwagon. But if you’re looking for a safe haven from this current (or future) mandate in your city, perhaps one of these states would be a great place to start.