PHOENIX — The ÃÛèÖÖ±²¥ Senate rejected penalties for businesses that refuse to serve customers who are not vaccinated.
One Republican senator, T.J. Shope of Coolidge, sided with all Democratic senators Thursday to kill a bill that would have made it a crime for a business to turn away patrons who do not provide proof they are vaccinated against COVID-19.
The bill also would have allowed the government to shut down businesses for 30 days if they refused to serve unvaccinated customers.
But Thursday’s vote may not be the last word. Rep. Bret Roberts, R-Maricopa, who has championed House Bill 2190, said he is looking for some way to resurrect it and get the necessary votes. He said no one should be denied the right to shop because they refuse to disclose private medical information.
Roberts, however, is unlikely to persuade Shope, whose family owns a grocery store.
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Shope said he is willing to go along with provisions in the bill to prohibit state and local governments from being able to deny services to those who do not produce proof of vaccination.
That mirrors an executive order signed last month by Republican Gov. Doug Ducey barring governments from denying access to any building, business, facility, location, park or other space due to failure to provide proof of vaccination. The order also says vaccination proof cannot be required by government agencies as a condition of receiving any permit, service, license or work authorization.
But Shope said language in HB 2190 extending it to businesses goes too far.
“I believe in private property rights,’’ Shope said. “I believe in the rights of the sole proprietor, the barber who may be immunocompromised who cannot get a vaccine who would just want to put a sign up in the front of their shop.’’
With Shope unlikely to fold, that leaves Roberts to instead try to appeal to Senate Democrats.
Roberts said after the vote he is hoping to convince some to see this as a matter of individual civil rights. Even the American Civil Liberties Union has expressed concerns about a “vaccine passport’’ that people might be forced to show, he noted.
Nearly a year after adopting its mask ordinance in June, the ÃÛèÖÖ±²¥ City Council voted unanimously to rescind the requirement on Tuesday night, following the lead of Pima County and the CDC.
The vote put many Republicans, who have tended to be champions of the rights of businesses, in the position of having to argue that there is a more important consideration.
“I think it’s really important that we understand that there’s a difference between business rights and personal rights,’’ said Sen. Kelly Townsend, R-Mesa.
For example, she said, a business can deny entry to someone without shoes. But Townsend said that’s designed to protect the business from liability should a patron cut her or his feet.
“Whether or not you should have to disclose your medical information to a business in order to patronize that business, I can’t think of anything at the moment that would compare,’’ she said. Townsend said that would be like requiring someone to disclose if he or she has AIDS.
Sen. Vince Leach, R-ÃÛèÖÖ±²¥, compared the idea of having papers proving vaccination to the time he spent in the former Soviet Union in the 1970s when he was forced not only to show his papers when checking into hotels but had to surrender them.
And Sen. Sonny Borrelli, R-Lake Havasu City, said people do not want to have a “vaccine passport’’ to be employed, to be educated and to shop.
“And then to enlist business, the private industry, to do the bidding of the government of leverage and power is fascistic,’’ he said.
Borrelli objects to more than allowing businesses to turn away unvaccinated customers. He argued the vaccine “isn’t fully safe, still in the experimental stages.’’
The COVID-19 vaccines being administered have not been given final approval by the U.S. Food and Drug Administration. But the agency granted “emergency use authorization’’ after studying the clinical tests and, given the pandemic, concluding that any risks were far outweighed by the benefits.
Roberts, who has not been inoculated against COVID-19, said ÃÛèÖÖ±²¥ law already bars businesses from discriminating against people due to the color of their skin.
“Well, they shouldn’t be able to discriminate against people because they’re not willing to give up their private medical history,’’ he said.
“We’ve never done this for any other virus,’’ Roberts continued. “Why should we do it now when the virus has a 99.8% survival rate and the average age for death is like 72?’’
Roberts also said he has compromised from his original proposal.
For example, he wanted a violation by a business to be a Class 5 felony, which carries a presumptive 1½ years in state prison. Instead he agreed to a Class 3 misdemeanor, which carries no more than 30 days in county jail and a $500 fine.
And his original proposal allowed a court to close a business that violated the law for up to a year. That, too, is gone.
Roberts said he was willing to compromise even more and get rid the entire criminal penalty. That would have left only the right of someone denied service to file a civil suit. But he said his bottom line is there has to be something in state law saying businesses cannot turn away unvaccinated patrons.
These national chains have relaxed mask rules for vaccinated customers
Walmart

At Walmart, the nation's largest retailer, "vaccinated customers and members are welcome to shop without a mask," according to a letter from Walmart executives, while unvaccinated shoppers are asked to keep wearing masks in stores.
Target

Target released the following statement: "Given the CDC’s updated guidance, Target no longer requires fully vaccinated guests and team members to wear face coverings in our stores, except where it’s required by local ordinances. Face coverings continue to be strongly recommended for guests and team members who are not fully vaccinated and we continue our increased safety and cleaning measures, including social distancing, throughout our stores."
Sam's Club

Sam's Club is following Walmart's policy that doesn't require masks of vaccinated customers.
Starbucks

"Facial coverings will be optional for vaccinated customers beginning Monday, May 17, unless local regulations require them by law," the company said. However, its restrooms will continue to remain closed to customers in locations where café seating is unavailable.
Costco

At Costco, vaccinated customers can shop without masks in US locations where there are no state or local mask mandates.
Trader Joe's

At Trader Joe's, "we encourage customers to follow the guidance of health officials, including, as appropriate, CDC guidelines that advise customers who are fully vaccinated are not required to wear masks while shopping," the grocery chain said in a statement on its website.
Publix

Fully vaccinated associates and customers will not be required to wear face coverings at its grocery stores. "As a result of the recently updated U.S. Centers for Disease Control and Prevention (CDC) guidance, Publix will no longer require fully vaccinated associates or customers to wear face coverings, unless required by a state or local order or ordinance, beginning May 15," a company statement read.
Walt Disney World

The Florida theme park announced that masks and face coverings for guests are "optional in outdoor common areas" at Disney World. The exception being that guests "must wear face coverings from the entrances at all attractions, theaters or transportation and throughout those experiences," the company said. So that means if you're walking down Main Street, U.S.A., you don't have to wear a mask but if you're riding Space Mountain, you'll still have to.
Universal Orlando Resort

Universal Orlando Resort, a Disney competitor in Orlando that houses attractions from Harry Potter and Jurassic Park, also announced that it was updating its safety measures. Like Disney's new requirements, it says that masks are not "mandatory" while outdoors but are still "required in all indoor locations including shops and restaurants" and required at all attractions.
Kroger

Kroger stores are allowing fully vaccinated customers go maskless beginning May 20. "If there is a state or local mandate, we will adhere to that requirement and its timeline,†a the company said in a news release. Customers and employees who are not fully vaccinated will be asked to continue wearing masks. Additionally, employees who work in the pharmacy and clinic locations will continue wearing masks.
Home Depot

Home Depot Inc. updated its face mask policy, following the eased guidance from the Centers for Disease Control and Prevention. The home improvement retailer says customers and workers who are fully vaccinated are not required to wear masks or facial coverings in its stores, except where it’s mandated by state or local ordinances. Masks are still encouraged for those who aren’t fully vaccinated.
Best Buy

Best Buy updated its mask policy with the following statement: "Fully vaccinated customers are no longer required to wear face coverings in our stores, except where otherwise mandated by state or local order. Instead, they will be available for any customer who wants one. ... Fully vaccinated employees will also no longer be required to wear a face covering, except where mandated by local or state order. Any employee who chooses to can still wear a mask, and they will continue to be made available to everyone. Employees working in customers’ homes will still be required to wear a face covering, even if fully vaccinated."