Sarasota Bead Shop's Lawsuit Says FL Vaccine Passport Ban Violates First Amendment Rights

LEON COUNTY, FL — A Sarasota retailer has filed a lawsuit in Leon County against Florida’s surgeon general, Dr. Scott Rivkees, over the state’s so-called "vaccine passport" ban.

Bead Abode, at 4053 Cattlemen Road, said Florida Statue 381.00316, which prohibits businesses from asking costumers for proof of their COVID-19 vaccination and threatens a $5,000 fine per violation, violates First Amendment free speech rights.

The shop is asking that the law to be declared unconstitutional, according to the store’s complaint filed in the circuit court of the 2nd Judicial Circuit in Leon County. (Read the full complaint below.)

The vaccine passport ban is also “an obstacle to Bead Abode’s reopening plan,” the complaint said.

The store closed March 14, 2020, about two weeks before the state issued a stay-at-home order, because of the pandemic and has offered only online sales and classes since. With the availability of the COVID-19 vaccine, the store plans to reopen by the end of September.

Related Story: Tampa Bay Businesses Discuss Vaccine Passport Ban, Masks

“As it appeared that the pandemic was waning and a vaccine became readily available, Bead Abode made preparations to reopen to customers in the same safe and healthy way its customers have come to rely on and expects to reopen by the month’s end,” according to the complaint. “The plan for a safe reopening includes a requirement that customers provide documentation of vaccination.”

Classes and other events at the shop last for up to two hours and put attendees in close contact, Bead Abode said. Many of its customers are retirees, some with existing health concerns.

“A requirement that customers be vaccinated is reasonable to minimize the risk of causing an infection or outbreak among Bead Abode’s staff and customers, and to maintain its reputation for safety and brand trust,” the retailer said.

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As a legal basis for the lawsuit, the shop referenced a ruling by Southern District of Florida Judge Kathleen M. Williams, who granted a preliminary injunction preventing the enforcement of the same statute against Norwegian Cruise Line. The ruling allowed the cruise line to require proof of vaccination for anyone traveling with it.

Read Bead Abode’s full complaint: