My liberal friend smugly pointed out to me that proof of vaccine history is required to enroll your child into school and to fly to certain countries. And this should be up to the restaurant if they require it. My God some people just dont get it!!!
okaydoomer, posts like this is why I love this board. However, my lib friend was using it as an example of where it's perfectly acceptable to ask for medical history.
I just assumed cause there are federal laws protecting peoples medical records. One exception is schools for minors needing immunization records, but that's different than a private business. Because schools are government run, they are public sector. And that said, i think its bs that schools require that.
Again: preface - I don't disagree with the spirit.
However - 4th amendment applies to government and government entities. It does not apply to this instance.
IF they posted up a cop that required you to present information prior to entry AND used refusal to provide "papers" as cause to detain and search: 4th violation. By the cop.
No-ish. First, I'm not defending the request for proof - it's BS, and I agree with u/PeachAndLovePatriot
It's not a violaiton of HIPAA - why? HIPAA covers the medical providers and recipients of PII and health-records. It's a privacy and portability regulation to permit sharing of necessary records among materially-involved parties, as well as the subject party's ability to know and control what is shared.
ADA has a bit more coverage, but only if you can argue that you are being discriminated against on account of a disability, and that would have to be a disability that would prevent use of a mask. In that case, you could still be denied travel, and would have to fight the response in court, and disclose (as evidence) your disability. You'd also have to demonstrate you gave the airline sufficient information to show that their decision was informed and discriminatory.
Bottom line: I can ask. You don't have to tell me. I "can" refuse service.
Now, the tricky part for the businesses becomes "Why can a business be protected in THIS case, but be forced (under 1st and 14th amendments) to bake a cake, provide church services?" THAT'S the slippery-slope they've created with those cases. Good luck, though, getting those entered as cited cases if you're fighting it, because we've all seen how corrupt and poisoned the judiciary has become.
As you reach here: for the record. I have not worn a mask. I refuse to wear a mask. I refuse to patronize businesses that demand masks. I will not fly for this reason.
I am simply stating the lack of actual applicability of HIPAA in this scenario. ADA, marginally, but you've got some burden to prove it. Retail will probably give up when pushed. Airlines will hold firm.
Now, it WOULD be a HIPAA violation if the retailer used your proof-of-vaccine to call the provider/doctor to verify it. Especially if the provider confirmed it - this falls entirely in HIPAA camp, as it involves you (patient) and the provider, who are covered subjects and parties under HIPAA.
Ironically, Seal Beach much like Huntington Beach in the past was looked upon as a "poor mans" Newport Beach. So, once upon a time it was super affordable to purchase a home in Seal Beach and because of that it has a very heavy first responder community made up of Police, Sheriff and Fire Fighters... think "red as red can be." Seal Beach is also one of the safest cities to live in (in regards to population size) along the coast of California.
This store fucked with the wrong community. And they are finding out.
Seal beach, ca. Bistro St. Germain
Yelp reviews disabled : https://m.yelp.com/biz/bistro-st-germain-seal-beach
As u/dumb_okie points out, they've taken down their contact us page. https://bistrostgermain.co
they've also taken down their Instagram. https://www.instagram.com/bistrostgermain/
My liberal friend smugly pointed out to me that proof of vaccine history is required to enroll your child into school and to fly to certain countries. And this should be up to the restaurant if they require it. My God some people just dont get it!!!
You should ask them for proof they have a brain.
Is it? Religious exemptions say otherwise.
okaydoomer, posts like this is why I love this board. However, my lib friend was using it as an example of where it's perfectly acceptable to ask for medical history.
Yeah, don't disagree at all. I figured you were right that this wasn't US, but since it's CA, it kinda isn't
I just assumed cause there are federal laws protecting peoples medical records. One exception is schools for minors needing immunization records, but that's different than a private business. Because schools are government run, they are public sector. And that said, i think its bs that schools require that.
Yeah but EVERY PUBLIC SERVANT (government at any level) is answerable to the people, who employ them. WE have the power and need to take it back.
Your spouse is wrong. HIPAA only applies to covered entities and their business associates. It doesn't apply to anyone or anything else.
Source: I've performed HIPAA security audits on hospitals.
However, the Fourth Amendment trumps all of them and it's long past time to insist on obedience to the Constitution.
Again: preface - I don't disagree with the spirit.
However - 4th amendment applies to government and government entities. It does not apply to this instance.
IF they posted up a cop that required you to present information prior to entry AND used refusal to provide "papers" as cause to detain and search: 4th violation. By the cop.
No-ish. First, I'm not defending the request for proof - it's BS, and I agree with u/PeachAndLovePatriot
It's not a violaiton of HIPAA - why? HIPAA covers the medical providers and recipients of PII and health-records. It's a privacy and portability regulation to permit sharing of necessary records among materially-involved parties, as well as the subject party's ability to know and control what is shared.
ADA has a bit more coverage, but only if you can argue that you are being discriminated against on account of a disability, and that would have to be a disability that would prevent use of a mask. In that case, you could still be denied travel, and would have to fight the response in court, and disclose (as evidence) your disability. You'd also have to demonstrate you gave the airline sufficient information to show that their decision was informed and discriminatory.
Bottom line: I can ask. You don't have to tell me. I "can" refuse service.
Now, the tricky part for the businesses becomes "Why can a business be protected in THIS case, but be forced (under 1st and 14th amendments) to bake a cake, provide church services?" THAT'S the slippery-slope they've created with those cases. Good luck, though, getting those entered as cited cases if you're fighting it, because we've all seen how corrupt and poisoned the judiciary has become.
As you reach here: for the record. I have not worn a mask. I refuse to wear a mask. I refuse to patronize businesses that demand masks. I will not fly for this reason.
I am simply stating the lack of actual applicability of HIPAA in this scenario. ADA, marginally, but you've got some burden to prove it. Retail will probably give up when pushed. Airlines will hold firm.
Now, it WOULD be a HIPAA violation if the retailer used your proof-of-vaccine to call the provider/doctor to verify it. Especially if the provider confirmed it - this falls entirely in HIPAA camp, as it involves you (patient) and the provider, who are covered subjects and parties under HIPAA.
Okay, so forged "certification/identification" it is.
Like being under 21 all over again, bahahaha
I guess not since you have a choice to drive.
Unless you live in Alaska, that is.
you'd think since they had to do this, they would rethink their "requirements"
They might find it easier just to take down the sign requiring customers to have a vaccine. Covid cowards.
Ironically, Seal Beach much like Huntington Beach in the past was looked upon as a "poor mans" Newport Beach. So, once upon a time it was super affordable to purchase a home in Seal Beach and because of that it has a very heavy first responder community made up of Police, Sheriff and Fire Fighters... think "red as red can be." Seal Beach is also one of the safest cities to live in (in regards to population size) along the coast of California.
This store fucked with the wrong community. And they are finding out.
St. Germain is an occult/New Age figure. Just thought I'd throw that out there.