TOPIC: Gamehole email 6/7/21

bpsymington wrote:

Mike Steele wrote:

bpsymington wrote:

Rebeg wrote:

bpsymington wrote:

Rebeg wrote:

jpotter wrote:

Rebeg wrote: Also note, there are pending lawsuits in Wisconsin challenging the validity of those passports and civil rights.

Seeing as we've made vaccinations a requirement for attending public school for decades, those lawsuits are doomed and a ridiculous waste of time.

Are they now?

Alabama bans businesses and government entities across the state from requiring coronavirus vaccine passports.

Florida no state government entity is allowed to issue "vaccine passports, vaccine passes or other standardized documentation for the purpose of certifying an individual's COVID-19 vaccination status to a third party." The order also prohibits businesses from requiring similar documentation to enter or get services from a business.

Iowa bans businesses and government entities across the state from requiring coronavirus vaccine passports. State grants and contracts will be barred from any group of company that violates this law.

Illinois will not create a way for residents to show they have been vaccinated.

Texas bans businesses in Texas from requiring proof of vaccination from its customers.

Of these 5 I listed, there are another 18 states with varying laws prohibiting the use of, or out right issuing covid passports by government agencies . Remember, public schools are state government run.

And they (regarding private businesses) are all unconstitutional.

Yes, under the state laws passed, private business can not discriminate against people who have not been vaccinated.

As was stated when Alabama passed theirs.

“to prevent the creation of a discriminatory society based on vaccination status.”

Hate to say it, deigning people based on vaccination status is a form of discrimination. Same as Whites only, or no Jews. You can chop it up to "Well we need to protect...", but in the end, it's still discrimination.

Another way to think of it. Should HIV positive people be refused jobs because they could get injured and infect others? Or allowed to partake in social events because we need to stop the spread?

Vaccination status is not a protected class. These state laws are unconstitutional. The question is whether or not a business is willing to take up the costs of a legal challenge to them.

I'm curious, what part of the US Constitution do these State Laws violate? In what way are they unconstitutional?

State governments can't regulate interstate commerce, for one thing.

That absolutely is not true.

The SCOTUS has repeatedly ruled states and Congress retain concurrent power to regulate commerce in many other ways.

Basically, one state can't tell another what business in their state must do. And can not favor one over another, or place undue burden on out of state business to operate in their state.

United Haulers Assoc. v Oneida-Herkimer Solid Waste Management Authority (2007) courts sided with the state in that their state law was upheld because it didn't favor one business over another, and cause any additional burden on out of state business.

So yes, states do have the power as well.