New COVID rules leave businesses with tricky decision: Verify vaccination or stay masked

More relaxed mask and social distancing guidance for fully vaccinated people leaves many with questions — and doesn't change anything for others.

New mask guidance was released by the U.S. Centers for Disease Control and Prevention last week, allowing fully vaccinated people to not wear masks and socially distance in most situations. Gov. Kate Brown quickly followed with an announcement that fully vaccinated Oregonians no longer need to wear masks or social distance in most public spaces.

On May 14, state epidemiologist Dean Sidelinger clarified that Oregon businesses will need to verify vaccine statuses before allowing workers and customers to go maskless.

Questions like who's fully vaccinated, what counts as proof and how to verify it have emerged. Additionally, opposition and anger also quickly emerged.

Enchanted Forest, a 50-year-old, family-owned theme park in Turner, experienced the overflow of people's frustration when it tried to follow the initial state guidance when it announced it would be allowing visitors after being closed for about eight months. It asked guests to wear masks unless they ask for an exemption upon arrival and voluntarily show proof of vaccination.

But the theme park was met with such fierce blowback — its Facebook, email and phones were bombarded with harassment and threats in opposition of showing proof and wearing masks — its opening was canceled before it even began.

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Restaurants like Marché, The Vintage, Izakaya Meiji Co. and others in Eugene have taken to social media to announce that they will continue to ask guests and staff to wear masks for the time being.

The Lane County Farmer's Market confirmed it would require masks for vendors and customers because of the difficulties in verifying who is and isn't fully vaccinated.

"In order to maintain a safe and healthy environment for all, we will continue to follow the guidelines that have been advised by Oregon Farmers Market Association, who is in direct contact with both the Oregon Department of Agriculture and Oregon Health Authority," Market Director Alexis Molinari said.

The Whiteaker Community Market won't be deviating from its current operations either. It's received positive feedback on a lot of its current safety measures like foot pump-operated washing and sanitizing stations, as well as masked and distanced vendors, explained Claire Schechtman, the market's manager.

"Farmers markets are considered retail businesses in the COVID guideline world," Schechtman said. "We're a really small organization, mostly volunteer-run and organized by vendors and fellow artists and neighborhood residents so, we just don't have the organizational capacity to monitor every single person that comes to the market."

Schechtman described the outdoor market as a "porous" setting where a lot of people come and go as they wish — similar to the Lane County Farmers Market.

"We've seen our county kind of go up and down in risk level, but if we can plan for just being as safe as possible, then I think that's the smartest plan," Schechtman said.

The Elk Horn Brewery & Cider House has opted in to checking vaccination records and excitedly welcomed back customers over Facebook this week.

"Today will be the first day in over a year we will be able to see your smiling faces as you walk through the Elk Horn doors. Those who have been vaccinated do not have to wear a mask," Elk Horn wrote in the post.

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Frequently asked questions

Who is fully vaccinated?

A person is considered fully vaccinated against the coronavirus two weeks after getting the second Pfizer or Moderna shot or the same length of time after receiving the one-dose Johnson & Johnson vaccine.

Where do I still have to wear a mask?

The Oregon Health Authority still requires masks (with or without a vaccine) in:

Health care settings, Adult jails and correctional facilities, Shelters and transitional housing, K-12 schools, Planes, buses, trains and other forms of transportation and transportation hubs, such as airports and bus stations.

People who are fully vaccinated are not be required to wear a mask indoors in public setting where vaccination status is checked.

However, the state requires businesses, employers and faith institutions to continue requiring everyone to wear masks unless they are able to or choose to review each person's proof of vaccination.

Businesses, employers, churches and other private entities may choose to check proof at their own discretion.

Mask requirements no longer apply to anyone outdoors, OHA said, but the agency recommends people continue wearing a mask in crowded areas and large gatherings, such as sporting events, and to maintain physical distance as much as possible.

Can the state really authorize verifying vaccination records?

Requiring people to disclose their vaccination statues does not violate health privacy laws because there is the option of leaving their mask on, explained Dean Sidelinger, the state epidemiologist.

“That is not a violation of HIPAA or privacy since they’re voluntarily disclosing that information,” he said.

Business, employers and churches are required to enforce the mask and social distancing guidance unless they have a policy in place, request proof and review the proof prior to admission or entry, according to OHA's guidelines.

How do you verify vaccination?

“Proof of vaccination status” means documentation provided by a tribal, federal, state or local government or a health care provider. The document must includes an individual’s name, date of birth, type of COVID-19 vaccination given, date or dates given (depending on whether it is a one-dose or two-dose vaccine) and the name/location of the health care provider or site where the vaccine was administered, according to OHA.

Documentation may include, but is not limited to, a physical copy or digital picture of the vaccination record card.

If a business doesn't want to verify vaccination status, then what?

If a business is not capable of or does not want to verify each individual's vaccination status, then it has been instructed that the establishment continues to follow the current Oregon mask guidance, OHA stated.

Do the mask rules have anything to do with Lane County being in 'high risk'?

No, the statewide risk level framework, created to reduce transmission and protect Oregonians from COVID-19 until vaccines can be widely distributed, sets rules on what activities are permitted and gathering sizes.

Contact reporter Dana Sparks at dsparks@registerguard.com or 541-338-2243, and follow her on Twitter @danamsparks and Instagram @danasparksphoto. Want more stories like this? Subscribe to get unlimited access and support local journalism.

This article originally appeared on Register-Guard: New COVID rules leave businesses with tricky decision: Verify vaccination or stay masked

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