Here at Miletti Law®, it’s our commitment to continue publishing blogs and making videos that aim to keep you, our unusually motivated® readers, #InTheKnow about diverse legal and non-legal issues that affect you or your businesses. Usually, the content features as videos that are posted on our YouTube Channel at https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. We highly encourage you to subscribe to the channel and sign up for the newsletter on the website.

As the authoritative force in Employment and Labor Law today, we endeavor to continue enlightening you about what the labor law says, particularly here in New York City.

However, it’s also in our interest to shed light on arising legal matters affecting residents in New York, particularly those fueled and influenced by the continuing COVID-19 pandemic. Under this context, we’ve prepared for you a video titled “Fighting Against NYC Executive Order 225 – NYC V@((ine,” which is accessible through the link provided at the end of this blog. NOTE: The incorrect spelling for “vaccine” is intentional, as the search engine filters will prohibit this from showing in search results otherwise.

By way of backdrop, we found it necessary to prepare the video in response to the influx of questions flowing in regarding the Emergency Executive Order 225 issued by Bill de Blasio, and, consequently, to educate New York’s residents about how it affects them.

So, what is this Emergency Executive Order 225 all about and how does it affect you or your businesses? Let’s dive right in.

In a nutshell, through the Emergency Executive Order 225 signed on August 16, 2021 and took effect on August 17, 2021, de Blasio announced new vaccination requirements for access to indoor recreation, dining, entertainment, and fitness centers within New York. With enforcement due to begin on September 13, 2021, this order is essentially a vaccine mandate where you are required to show proof of vaccination for access to such indoor centers. Therefore, it affects both businesses and residents in the five boroughs of New York, including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island only!

That being said, before you, as a business, think that de Blasio’s Executive Order 225 is a hoax and, therefore, want to fight back, you need to understand several things. The following are key takeaways, as pre-prepared by the one and only Vinny Miletti, the lead partner/founder/owner of Miletti Law® and the most #UnusuallyMotivated Attorney in NYC.

Point 1: Covered Premises/Entities

For starters, the order applies only to covered premises/entities. Under the order, “covered premises” applies to locations that are defined as (1) Indoor Entertainment and Recreational settings, (2) Indoor Food Services, and (3) Indoor Gyms & Fitness Centers. On the other hand, a “covered entity” applies to any entity that operates one or more covered premises, but not include pre-kindergarten through grade twelve (12) public and non-public schools and programs, childcare programs, senior centers, community centers.

Thus, while you may be a “covered entity” due to the very broad term, the prohibition is on a “covered premise,” which has a far more narrow meaning. If you are not operating a “covered premise,” then you should not be concerned or worried about the order.

For example, based on the text of the order, banks, law firms, or social clubs need not be concerned here, and frankly, you do not have to start harassing your employees, invitees or guests to produce proof of vaccination.

Point 2: Exemptions

There are many exemptions in this case. To interject politics into this for a moment, when you look at what businesses are affected, you’ll see is the same industries that challenged the Emperors mandates. Thus, from our perspective, the aim is just to screw up businesses.

Looking into the exemption, the text of the Order tells us  if (a) you can maintain 6 feet of distance, or (b) wear a face mask and you are (i) someone just jumping in a building for a moment, (ii) a performing artist; (iii) an athlete, or (iv) a non-resident accompanying an athlete or artist, the order exempts you from having to produce proof of vaccination.

Thus, businesses should just let people in and not harass them over for proof of vaccination if they are coming for a quick limited purpose or just to use the bathroom, locker room, or pick up food. The order permits them to do so without showing the proof of vaccination. Keep this is mind when you go into a local Dunkin Donuts to pick up a coffee, and you are told that you need to show proof of vaccination and driver’s license to come in. The reality is that you don’t but 99% of business in NYC is just going to comply with whatever they are told—even if it flies in the face of the literature before them.

Point 3: A Crude Self-Reporting System

Again, this is a self-reporting system. Think of it as an honor system. Looking at the text of the Order, the Order just requires businesses to keep a written record in which they describe the protocol and how they enforce it. For instance, you could just keep a log of the count of people who visited the business on a given day, whether they were exempted or not, and whether they were coming for a quick limited purposes or not. You are both the proctor, administering the exam, as well as the one sitting for the exam.

Point 4: Requires a Conspicuous Posting in the Store Front

Businesses are supposed to post a sign in a conspicuous place on their premises/entities that they are enforcing the order. Thus, for all business that are unfortunate (covered entities/premises), you have no choice but to post the sign and let the public that you are enforcing the vaccination mandate order. However, we mentioned that this is a self-reporting system and, thus, businesses can enjoy a lot of flexibility. The order states clearly that a proof of vaccination could be a CDC COVID-19 Vaccination Record Card, “OR” an Official Immunization Record indicating where the vaccine was administered, “OR” a digital/physical photo of such a card or record, reflecting the person’s name, vaccine brand, and date administered, “OR” a New York City COVID Safe Pass, “OR” a New York State Excelsior Pass. Any of these is a permissible proof of vaccination under the order and, thus, you don’t need to start making calls to check it out. Still, you are also supposed to comply in accordance with the Human Right Law and other laws, including a consideration to accommodate persons living with disabilities and those with different religious beliefs as compared to yours.

Part 5: Stand Your Ground

For the business, if the patron hands you a sheet of paper indicating that they have the jab, then that should be it, you have done the Mayor’s dirty work already. However, there will always be those businesses (likely in Williamsburg, Greenpoint and other liberal, Big Brother strong holds) who will go the extra mile to comply on behalf of their government overlords, but before you become a jerk and obsessively comply with the nonsense, further alienating yourself and your community, we would encourage you to take a moment to think rationally, and remember that this is an honor system with an Order written with more holes than a slice of Swiss cheese. You may want to play tough and rigid, but, at the end of the day, it’s about your business and therefore, your pocket.

As of now, there are holes in the law large enough for a truck to drive through, which provides enough wiggle room to find common ground.

The point is if you are really opposed to this, rather than say “I’m just complying, it isn’t my fault” that’s bullshit– stand your ground!

If you were a business owner who wanted to fight back, you can do it pretty easily with just a few little steps in advance here. Besides—we would rather you leave the big fighting to the professionals—and if it hits the fan, certainly get us engaged. We specialize in slapping down the government when they become too big for their britches. If the DOH calls and gets loud, giving you a hard time, you know where we are… give us a call and we’ll handle the rest!!!

As usual, stay tuned for more guidance and counsel and always be #UnusuallyMotivated. In the interim, if there are any questions or comments, please let us know at the Contact Us page!