Should California ban vaccine passports? Here’s why it’s not likely to happen

So-called COVID-19 “vaccine passports” would be banned in California under a proposed law formally introduced this week by a Republican state lawmaker.

Assemblyman Kevin Kiley’s Assembly Bill 327 would block state agencies and governments from enacting digital health documentation policies, as well as prohibit public and private entities from requiring proof of vaccination for customers.

The Rocklin Republican has argued that these records — usually shown using a QR code or smart phone application — have raised concerns over privacy and civil liberty violations from a “diverse array of stakeholders.”

“I think it’s important that people in California are assured this isn’t the road we are going to go on,” Kiley said.

Gov. Gavin Newsom hasn’t announced plans for a statewide COVID-19 vaccination documentation policy. But as more people get immunized, hope for life to return to pre-pandemic normalcy has some businesses and corporations announcing plans to require proof of vaccination to keep patrons safe while attending a concert or football game, when boarding a flight or taking a cruise vacation. Colleges have also increasingly announced requirements for students to get vaccinated before returning to class.

New York Gov. Andrew Cuomo at the end of March unveiled a voluntary platform called “Excelsior Pass” that lets users upload proof of a recent negative COVID-19 test or immunization records for businesses and venues to quickly reference.

Several Republican governors, however, have announced bans on inoculation verification, arguing that personal freedoms can’t be sacrificed via public health mandates.

Dr. Anthony Fauci, the nation’s top infectious disease expert and adviser to President Joe Biden, has also said that the federal government will not require COVID-19 vaccination records for businesses and travel.

Public health experts and political leaders have acknowledged that requiring “passports” could raise ethical concerns. The American Civil Liberties Union has also warned against installing a system that enhances inequity and doesn’t protect individuals’ privacy.

Kiley, who said he plans to get vaccinated, added that immunized people wouldn’t have “a whole lot of reason” to be concerned with “vaccination status around them.”

But arguments for the practice include mitigating the spread of COVID-19 while still allowing people to travel abroad, go to the movies, attend a wedding or enjoy previously “normal” activities.

Kiley’s plan is unlikely to advance far in the state Legislature, where Democrats hold a supermajority in both houses. California has some of the strictest vaccine laws in the country and, during the pandemic, maintained tight COVID-19 regulations on gatherings and businesses like bars and restaurants.

State Sen. Richard Pan, a Sacramento Democrat and chair of the Senate Health Committee, said Kiley’s proposal would harm businesses trying to safely get customers back in their doors.

“You don’t want an outbreak that’s traced back to your venue,” Pan said. “What we’re basically telling businesses is, ‘Sorry, we’re denying you a piece of information that could allow you to reopen safely.’ Why would we want to stand in their way?”