Unlike In Israel, Colorado Law Professor Doesn't Expect Businesses Here To Require Proof Of Vaccination

DENVER (CBS4) - People who live abroad are starting to enjoy fewer restrictions as more people get vaccinated against COVID-19. In Israel, many businesses now offer services to those who can provide proof of vaccination, but legal experts say a similar approach in Colorado may not be as easy.

"It was a big day here in Israel because the restaurants have been closed to indoor dining since September," said Ericka Lewis, a Coloradan who moved to Israel in 2019. "It was amazing, because even if you're getting takeout, you're still setting up and getting the table ready. There's a lot that goes into takeout. "

Lewis is a former CBS4 anchor and reporter who moved with her family just months before the start of the pandemic. She and her husband are both vaccinated and recently made a reservation to eat at a restaurant.

On a video conference call Monday night from Tel Aviv, Lewis said that some restaurants are booked out two weeks in advance. The restaurant she went to required proof of vaccination before seating her in a dining room where other guests were not wearing a mask.

The U.S. Centers for Disease Control and Prevention released new guidance on Monday for people who are vaccinated against COVID-19. Health experts now say people who are immunized can safely visit other vaccinated people without wearing a mask, including indoors.

Craig Konnoth, associate professor at the University of Colorado Law School, explains that the U.S. and Colorado are unlikely to take the same approach as Israel. He did, however, see the value in vaccine requirements, such as a vaccine passport for airlines and cruise ships.

"As a practical matter, I think it's improbable. But as a legal matter, the answer roughly is yes," Konnoth said. "I just don't see as a practical matter, many businesses, many retail businesses, enforcing such a policy."

A vaccination policy could end up becoming more of a burden for restaurants. Konnoth said the data shows most people are willing to get vaccinated, there just aren't enough doses available for everyone. He also worries about creating two groups of people: those who are vaccinated and those who are not.

"It's easier for them to obtain evidence," Konnoth said of the travel industry. "It's easier for them to try and go through these various options ahead of time."

Konnoth pointed out that the U.S. could reach herd immunity before a business implements a proof of vaccine policy. If 80% or more of the population is vaccinated, there may not be a need for customers and employees to show their vaccine status.

"It would just be hard because I think segregation in restaurants just has an ugly history. And, even if it is done for a legitimate public health purpose, it would -- just from a public relations standpoint -- be so unsavory and create the risk of stigma that in such a way, I just don't see restaurants enforcing that," Konnoth explained.

While people have been wearing masks and social distancing for months, the situation in Israel is changing as more people are immunized. For instance, Lewis says it is more common for locals to ask each other about their vaccine status.

Israeli citizens have a green passport with a barcode to verify their vaccination status digitally. The country received additional vaccine doses as part of an agreement with Pfizer that allows the pharmaceutical company to study trends in the country.

Lewis can see the response to the pandemic from the perspective of both the U.S. and Israel but wonders if those back in the States would feel comfortable getting the vaccine sooner if it meant the government included you in a study and your information was already part of a national health care system.

"Americans are different from Israelis," she said. "Israelis are used to certain norms that Americans aren't used to and some of this involves a completely different way of thinking."