Comply or defy? Business owners feeling pressure of looming vaccine-enforcement rules

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This article was published 01/09/2021 (1509 days ago), so information in it may no longer be current.

Some Manitoba business owners are taking pandemic policing into their own hands, while others may defy mandates. 

Under new provincial health orders that go into effect Friday, only people fully vaccinated against COVID-19 or with legitimate exemptions will be allowed to visit restaurants, gyms, theatres, casinos and sporting events, among other events and activities, which will otherwise be allowed to operate without capacity limits. Business owners and event organizers will be mandated to check health status at the door.

In Winnipeg, MORFit Training Centre owner Stuart Klassen said the vaccine requirement means either not opening or defying the law. It’s unclear what exactly he plans to do after midnight Friday.

In a letter posted to the gym’s website, Klassen said after the Aug. 27 announcement about the vaccine requirement, he was left to decide whether to stay open to everyone or close for everyone.

“Refusing access to a group of people because of medical status or any other status is not our right or purpose,” the letter reads.

Klassen declined a Free Press request for comment.

“MORFIT will not be asking for or verifying COVID-19 vaccination status, nor will we be requesting proof of negative medical testing of any kind prior to entering our facilities,” the letter reads further, adding any member who disagrees with his decision can request a refund on their remaining membership.

“We are not a medical facility and do not have medical doctors present. It would be illegal under the (federal) Personal Information Protection and Electronic Documents Act… as well as the (provincial) Personal Health Information Protection Act… for our staff to request this information from members.”

Neither of those laws are applicable to vaccine requirements.

The provincial act doesn’t impose obligations or prohibitions on private businesses such as restaurants or movie theatres, a provincial spokeswoman noted. But those businesses do fall under that federal private-sector privacy legislation, where businesses are legally authorized to collect health information about a person who agrees to provide it.

In order to follow the public-health orders under the provincial Public Health Act, those private businesses must request that vaccine status.

In the southern Manitoba town of Winkler, Frank + Olive beauty salon is also taking matters into its own hands. The esthetician service will temporarily bar anyone who attended two recent, large protests over vaccine and mask mandates in the area for two weeks.

“I have not told anybody they’re not welcome, I have not told anybody what decisions they need to make… but to be frank, I’m not willing to have somebody come in for a quick eyebrow service and then have my entire place shut down,” owner Megan Franklin said.

“I think this is the way we need to continue to go — this pandemic is not over, unfortunately.”

Her salon and others like it won’t be mandated to request vaccination status under the new provincial order.

In Winkler, just 39 per cent of the eligible population has been vaccinated; in the surrounding RM of Stanley, it’s only 22.5 per cent.

Franklin said she believes because of those low vaccination rates, some area businesses will defy the new orders — not because the owners are anti-vaccine zealots, but to keep customers coming through the door.

“With our low vaccine uptake, (the requirement) will put stress on businesses that rely on those individuals to support them and bring in a paycheque,” the 26-year-old salon owner said.

Meanwhile, a Manitoba Justice spokeswoman said provincial enforcement officials are monitoring the “evolving situation” around vaccine requirements and are giving businesses information about how to follow the orders. Since July 26, officials have issued 27 tickets for breaking orders. Public calls for enforcement dropped from 3,768 between July 19 and July 25 to 1,981 between Aug. 9 and Aug. 22.

erik.pindera@freepress.mb.ca