Starting January 15, 2022, DC will require the following establishments to verify that their guests, visitors and consumers ages 12 and older have received at least one dose of the COVID-19 vaccine:

  • Restaurants, bars and nightclub establishments (including restaurants and taverns, coffee shops and fast-food establishments that have seating if guests choose to sit down; breweries, wineries and distillery tasting rooms; mixed-use facilities; food courts);
  • Indoor entertainment facilities (including nightclubs, hookah bars, pool and billiard halls, and cigar bars; concert, live entertainment and sporting venues; movie theatres; adult entertainment venues; bowling alleys);
  • Indoor exercise and recreational establishments (including exercise facilities, dance, yoga and Pilates studios; any facilities used for group fitness classes);
  • Indoor event and meeting establishments (including hotel common rooms, banquet halls, conference centers meeting facilities, convention centers, auditoriums; shared work facilities); and
  • Any other indoor establishment designated by the Director of the DC Department of Health.

Beginning on January 15, 2022, covered establishments are also required to “display prominently, visible to patrons prior to entry, a notice informing patrons that proof of vaccination is required to enter any indoor portion of a covered location.”  Covered establishments will have to start verifying entrants’ proof of full vaccination starting February 15, 2022. Acceptable forms of proof include: (i) a CDC vaccination card (original, photocopy or digital copy/photo); (ii) record of immunization from a healthcare provider or public health authority; (iii) a COVID-19 verification app (e.g., VaxYes, Clear, Excelsior, MyIR); or (iv) a World Health Organization Vaccination Record. According to DC Health’s Guidance and FAQ, businesses will also need to verify vaccination with photo identification for patrons ages 18 years and older, such as: (i) state issued driver’s license or limited purpose driver’s license; (ii) any other state-issued identification card; (iii) passport; (iv) DC One Card; (v) Student ID; or (vi) permanent resident card.

The proof of vaccination requirement does not apply to individuals entering a covered establishment “for a quick and limited purpose” (e.g., placing an order for takeout, picking up an order or making a delivery), or any individual entitled by law to a reasonable accommodation due to a medical condition or sincerely held religious belief. According to DC Health’s Guidance and FAQ, patrons who have and show documentation of medical or religious exemptions (i.e., a note from a medical provider or an attestation from the patron that they have a sincerely held religious belief) from the COVID-19 vaccine must provide proof of a negative PCR test or antigen test within the last 24 hours to gain entry.

Notably, the order also exempts the following establishments from the vaccine entry requirement:

  • Houses of worship;
  • Grocery stores, farmer’s markets, and food service establishments providing charitable food services;
  • Pharmacies, medical offices, urgent care centers or hospitals;
  • Big box stores and retail establishments “where people tend to be in motion and not standing or seated in close proximity to others for long periods of time;”
  • Private meeting spaces in residences or office buildings;
  • Certain government and human services facilities (including polling places during elections); and
  • Such other facilities as exempted by the Department of Health.

However, if an exempt facility conducts a non-exempt activity (e.g., if a house of worship is rented for a non-religious purpose or a retail bookstore hosts a seated event where people will be closely congregated for a prolonged time), the vaccine requirement will apply.

According to DC Health, relevant District agencies, such as DC Health, the DC Alcoholic Beverage Regulation Administration, and the DC Department of Consumer and Regulatory Affairs “will deploy staff for spot checks to ensure that businesses and organizations have appropriate processes in place to comply with” these requirements.  “Absent good faith efforts to comply, businesses and organizations may be subject to appropriate enforcement actions, including civil fines of not more than $1,000 and/or summary suspension or revocation of business license(s).”

Additional information regarding the mandate, including sample notices, is available here. We will continue to monitor and report on further developments from DC.

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Proskauer’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team is focused on supporting and addressing client concerns.  Visit our Coronavirus Resource Center for guidance on risk management measures, practical steps businesses can take and resources to help manage ongoing operations.

 

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group and is co-head of the Non-Compete & Trade Secrets Group. He has…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group and is co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York…

Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.