State lawmakers are considering a COVID-19 vaccine requirement that would be among the most sweeping in the country and could soon force Californians to show proof of vaccination to go about much of their daily lives.
According to the Sacramento Bee, which obtained a draft of the proposal, a coalition of Democratic lawmakers is expected to introduce legislation that could require people to show they are fully vaccinated before they can go inside restaurants, gyms, bars, theaters and other places. Negotiations are ongoing, and details of the bill are expected in the coming days.
The latest step comes after weeks of building momentum for vaccine mandates as the state contends with the highly contagious delta variant. Earlier this month, San Francisco became the first major U.S. city to adopt sweeping mandates. And California already has a vaccine or negative COVID-19 test requirement on the books for large indoor events such as concerts and sports with more than 1,000 attendees. The state also has mandated that people in certain professions, such as health care workers, be vaccinated.
Oakland Assemblymember Buffy Wicks, who is among the legislators exploring the bill, has been a leading advocate for vaccine mandates since July, when the delta variant began surging in California.
“It’s time we do something uncomfortable: Make vaccination mandatory — at schools, gyms, hospitals, workplaces, etc.” she tweeted back then.
This is alarming: CA's new COVID surge would have put many counties back into the most restrictive tier under our reopening blueprint.
It's time we do something uncomfortable: make vaccination mandatory—at schools, gyms, hospitals, workplaces, etc. Thread—https://t.co/a3SsbzsZdS
— Buffy Wicks (@BuffyWicks) July 20, 2021
The Bee reported the new proposal, aimed at driving up vaccination rates, could also force employers to require employees to show proof of vaccination or submit to regular testing.
Employee mandates are also a growing trend, especially since the Food and Drug Administration granted full approval to Pfizer’s COVID-19 vaccine earlier this week. Major employers, such as Disney World, are requiring workers to be vaccinated. United Airlines has mandated the vaccine for U.S.-based employees, and Delta Airlines recently said it would require employees to be vaccinated or pay a $200 monthly health insurance surcharge. The average COVID-19 hospitalization, the company said, costs Delta $50,000.
John Swartzberg, an infectious disease expert and professor emeritus at UC Berkeley, thinks a widespread rule makes sense.
“We tried the carrot with a lot of benefits for people who decide to get vaccinated,” he said, pointing to the gift cards and cold hard cash the state handed out to try to sway holdouts. “They are only so-so in terms of effectiveness.”
But if people can’t hang out at a favorite bar or go to their special restaurant on a cold winter day when the prospect of outdoor dining is less alluring, he thinks more people will line up to get a jab. Swartzberg also said he would be more likely to consider returning to his gym if he knew everyone inside was vaccinated. So even if a requirement drew criticism, it might also drum up new business. It would also, he said, create a safer working environment for employees.
UCSF infectious disease expert Monica Gandhi agrees that a statewide requirement makes sense.
“I do like the idea of a statewide requirement for entry into restaurants, gyms, etc., as I think it will get more people vaccinated,” Gandhi said in an email. “We do need some caveats like they allow in Europe, like a history of natural COVID-19 and those who are not yet eligible to be vaccinated (younger than 12). But I think vaccine passports are a very effective way to increase vaccination rates in our state.”
But her colleague George Rutherford thinks requirements should be “left to the local health departments,” pointing out that transmission of the disease in parts of the Central Valley and elsewhere is being driven by household and workplace gatherings. He’s also skeptical about a state mandate being enforced in rural, conservative pockets of the state.
It was not immediately clear if the proposal will be introduced in Sacramento during the current legislative session or held until January. This year’s legislative deadline is Sept. 10, just four days before the Sept. 14 recall election that will decide whether Gov. Gavin Newsom gets to keep his job. Republican challengers have criticized Newsom and Democrats for instituting mask and vaccine requirements and promised to reverse them if elected.
Wicks’ office said she was not available for an interview Thursday and that the draft of the legislation referenced in the Bee was quickly evolving.
Any proposal is certain to draw immediate ire from some circles. Earlier this week, dozens of unmasked protesters forced the temporary evacuation of San Jose’s council chambers as the City Council debated and ultimately approved a vaccine mandate for attendees and staff at events with at least 50 people held at city facilities such as the SAP Center. Across the state, parents have protested mask requirements at schools.
Wicks acknowledged in an interview with the Bee that the requirement is likely to face pushback.
“Are there going to be people who fight it? Probably,” she said. “What I’m focused on in the legislature is putting forth policy that can help us get out of the pandemic.”
