Judge rejects challenge to Florida ‘vaccine passport’ banRuling marks victory for Gov. Ron DeSantis
A Leon County circuit judge has refused to block a state law that bans so-called “vaccine passports,” rejecting arguments by a Sarasota business that the law violates First Amendment rights.
The ruling by Circuit Judge Layne Smith was a victory for Gov. Ron DeSantis, who has led efforts to prevent businesses from requiring customers to show proof they are vaccinated against COVID-19 --- an issue that has become known as requiring vaccine passports.
Smith also split from a South Florida federal judge, who sided in August with Norwegian Cruise Line Holdings in a challenge to the state law. In both cases, the plaintiffs argued that the law was an unconstitutional restriction on speech.
But Smith, in a six-page decision Thursday, rejected the First Amendment arguments of Bead Abode, a Sarasota hobby and craft store, and refused to issue an injunction against the law. Smith said the basic issue in the case is whether the law restricts speech or regulates conduct.
“The only issue before the court, and the only one the court decided, is whether (the law) abridges Bead Abode’s First Amendment right to freedom of speech,” Smith wrote. “It does not. Instead, the statute regulates the plaintiff’s conduct.”
Smith, who was appointed as a circuit judge by DeSantis after serving as a county judge, also pointed to the Legislature’s authority and said the law “assures open markets.”
“Prohibiting businesses from requiring patrons to produce documentary proof of vaccination or recovery may or may not be a good idea,” he wrote. “Notwithstanding, that decision belongs solely to the Legislature and is subject to approval or rejection by the voters at the ballot box.”....................
https://www.clickorlando.com/news/2021/10/16/judge-rejects-challenge-to-florida-vaccine-passport-ban/