Judge Strikes Down Sarasota Bead Shop’s ‘Vaccine Passport’ Lawsuit

SARASOTA, FL — A judge in Leon County struck down a Sarasota bead shop’s lawsuit against Florida’s surgeon general over the state’s “vaccine passport” ban.

In its lawsuit, Bead Abode, at 4053 Cattlemen Road, said Florida Statute 381.00316(1), which prohibits businesses from asking customers for proof of their COVID-19 vaccination and threatens a $5,000 fine per violation, violates First Amendment free speech rights.

The shop asked for the law to be declared unconstitutional because of the alleged First Amendment violation, according to the store's complaint filed in the circuit court of the 2nd Judicial Circuit in Leon County.

The shop also sought a temporary injunction against the ban, which Judge J. Layne Smith denied Thursday.

Related Story: Retailer Sues FL Surgeon General Over Vaccine Passport Ban

In his decision, Smith said that Statute 381.00316(1) doesn’t violate the First Amendment. The statute doesn’t prevent the shop from communicating with customers about their vaccination status, he said

“Indeed, plaintiff can freely communicate with patrons, ask them questions about their COVID-19 status, request to see their pandemic-related documents, and review them if provided," he wrote. "It can even ask patrons to provide it with documentation certifying COVID-19 vaccination or post-infection recovery, and willing patrons can comply.”

The statute only prohibits the shop from requiring its customers to present documentation proving their COVID-19 vaccination, Smith said.