The fact that Texas and Florida anti-vaccine-requirement bans are almost certainly legal is only the beginning of the story — not the end, Steve Vladeck writes for MSNBCDaily
this month to require proof of vaccination before customers could sit inside. Both restaurants, it should be noted, have outdoor dining areas where they weren’t planning to demand such proof. The Texas Alcoholic Beverage Commission threatened the restaurants with the loss of their liquor licenses .explicitly banned businesses
The specific ban on vaccination requirements appears to be on firm legal footing if for no other reason than that it was expressly adopted by the Legislature. Second, the Austin restaurant contretemps underscores how little these statewide rules have to do with individual “freedom” or the rights of private individuals — including business owners — to make their own choices. There are certainly some limits on the rights of private businesses to choose whom to serve — including federal rules that bar certain businesses from discriminating on the basis of race, sex, religion and so on.
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