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Morning Briefing

Summaries of health policy coverage from major news organizations

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Thursday, Nov 18 2021

Full Issue

Florida Republicans Hobble Vaccine Mandate

Florida's legislature makes it much harder for employers to enforce vaccine mandates. But in Idaho, its legislature failed to take similar action. Meanwhile, the NFL set news rules for players and other personnel on masking and people embarking on Disney cruises will need proof of vaccination.

Some of the legal challenges argue, in part, that Congress didn鈥檛 give the Occupational Safety and Health Administration 鈥 the agency that issued the mandate 鈥 the authority to do so, and even if Congress did, then it shouldn鈥檛 have. If the Supreme Court were to embrace that line of thinking, it could 鈥渉ave serious implications on the constitutionality鈥 of other OSHA rules and regulations, said Benjamin Noren, associate chair of the Labor and Employment group at the law firm Davidoff Hutcher & Citron. (Rainey, 11/17)

Florida鈥檚 Republican-controlled legislature approved rules on Wednesday to punish companies that enforce strict Covid-19 vaccine mandates for employees. In a special session this week in Tallahassee, lawmakers agreed with Governor Ron DeSantis that companies must give employees the chance to opt out of mandates. If a worker is fired for noncompliance, companies with fewer than 100 employees could face $10,000 fines and larger ones could be hit with penalties of $50,000. (Levin, 11/17)

Florida Republicans approved a sweeping bill Wednesday to hobble coronavirus vaccine mandates in businesses, rejecting claims that they were sacrificing public health to hand Gov. Ron DeSantis a win in his fight against White House virus rules. Lawmakers in the GOP-controlled statehouse expedited the measure, along with a package of virus bills, after hours of debate in which Republicans maintained they were protecting workers from onerous mandates by the federal government. (Izaguirre, 11/18)

The Legislature took a five-month break before returning Monday for three days that saw a final spasm of three dozen pieces of legislation. The bills mainly centered around COVID-19 vaccines and mask mandates. But the only one to make it through both chambers was a non-binding declaration stating opposition to President Joe Biden鈥檚 vaccine requirements for federal workers and contractors and vaccine requirements for large employers and health care employers. (Ridler, 11/18)

The Oklahoma National Guard鈥檚 commanding general Wednesday defended his directive countermanding federal requirements that all U.S. military personnel be vaccinated against the coronavirus, telling troops in a private town hall event that he was following orders from the state鈥檚 Republican governor and meant no disrespect to his superiors at the Pentagon. Brig. Gen. Thomas Mancino, speaking to several dozen members of the Oklahoma National Guard in Oklahoma City, cast himself as an apolitical leader bound by law to answer to Gov. Kevin Stitt (R), who fired the state鈥檚 previous National Guard commander last week and ordered Mancino the next day to issue a policy allowing members to avoid the vaccine. (Horton and Lamothe, 11/17)

Disney Cruise Line on Wednesday announced a COVID-19 vaccine mandate for all passengers聽ages 5 and up. The new requirement goes聽into effect on Jan. 13. Prior to that date, children ages 5 through 11 who aren't vaccinated can instead complete聽a聽testing requirement. Starting on Jan. 13, all passengers over 5 must be fully vaccinated to board. Passengers under 5 will need to show聽proof of negative COVID-19 test results from between three days and 24 hours before the cruise departs.聽(Polus, 11/17)

But... Surprise! Vaccine mandates work 鈥

In San Francisco earlier this month, a 17-year veteran of the city鈥檚 police force died while on leave from his job. Jack Nyce tested positive for COVID-19 on a Tuesday and passed away four days later after being rushed to a hospital, his wife said. Nyce, 46, had been placed on leave for his failure to get vaccinated by Nov. 1 as required by the city. The tragic story obscures a larger point that ought to be examined on its own: As of Nov. 2, the day after the city-imposed deadline, 97.5% of the S.F. Police Department was fully vaccinated. That is 2,747 out of a possible 2,817 workers. Even by San Francisco鈥檚 robust standards, that鈥檚 more than 20% higher than the fully-vaccinated rate for the city鈥檚 residents at large. (Kreidler, 11/16)

In other covid protocol news 鈥

The NFL聽is revising its COVID-19 protocols for players and team staff ahead of its Thanksgiving slate of games.聽In a memo sent to teams Tuesday, the league said it would聽mandate聽that both vaccinated and unvaccinated team personnel wear masks indoors聽for a week聽beginning on聽Thanksgiving.聽Team personnel聽will also be required to聽undergo two COVID-19 tests on Monday, Nov. 29, and Wednesday, Dec. 1, according to the memo,聽obtained by The Hill.聽(Oshin, 11/17)

Cobb County鈥檚 COVID-19 State of Emergency order expired Wednesday and county officials lifted its mask mandate at government facilities. Commission Chairperson Lisa Cupid did not sign another extension to the countywide declaration, which authorized Cobb to deploy personnel, resources and impose restrictions to combat the pandemic. (Bruce, 11/17)

On Tuesday, as Carroll County鈥檚 school board president testified in support of lifting the mask mandate in public schools starting in January, the acting county health officer submitted a letter to the Maryland State Board of Education stating why the mandate should remain. Public testimony at the state board meeting included statements from four board presidents, Marsha Herbert, Carroll鈥檚 president, among them. State board members are expected next month to make a decision about whether to change the mask mandate. (Griffith, 11/17)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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