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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:04 pm 
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The Missing Link wrote:
Dr. Kenneth Noisewater wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.


I don't think that's entirely true.

There is certain information that can be inferred on how or why someone did or did not get the vaccine and when they did so.

It may not always be correct but a person could certainly draw some conclusions.


In public there hasn't been one person that I know of that when asked, has not freely disclosed the information. Granted its a small sample size but even complete strangers have had no problem disclosing whether or not that they have been vaccinated.


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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:06 pm 
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Caller Bob wrote:
LTG, have you been vaccinated?


Yep and I'm glad that I did it.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:10 pm 
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Things are already going back to normal thanks to the great leadership of President Biden. Will it be a 100% conversion? Of course not. The only reason why is because some people will choose to wear a mask forever. That's their right. It won't be because of a government mandate.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:11 pm 
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The Missing Link wrote:
Dr. Kenneth Noisewater wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.


I don't think that's entirely true.

There is certain information that can be inferred on how or why someone did or did not get the vaccine and when they did so.

It may not always be correct but a person could certainly draw some conclusions.


In public there hasn't been one person that I know of that when asked, has not freely disclosed the information. Granted its a small sample size but even complete strangers have had no problem disclosing whether or not that they have been vaccinated.


I agree that saying if you have or have not is not that much of a disclosure.

But, if you are required to prove it, it could be.

For example, a 40-year-old man that got his shot in February, wasn't necessarily eligible at that time unless he had a condition that made it so.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:14 pm 
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Dr. Kenneth Noisewater wrote:
The Missing Link wrote:
Dr. Kenneth Noisewater wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.


I don't think that's entirely true.

There is certain information that can be inferred on how or why someone did or did not get the vaccine and when they did so.

It may not always be correct but a person could certainly draw some conclusions.


In public there hasn't been one person that I know of that when asked, has not freely disclosed the information. Granted its a small sample size but even complete strangers have had no problem disclosing whether or not that they have been vaccinated.


I agree that saying if you have or have not is not that much of a disclosure.

But, if you are required to prove it, it could be.

For example, a 40-year-old man that got his shot in February, wasn't necessarily eligible at that time unless he had a condition that made it so.


Or worked for a company that had "essential" workers even though he worked in an entirely different department. I know a few healthy people who got early shots because of government "error".

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:48 pm 
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Nas wrote:
Or worked for a company that had "essential" workers even though he worked in an entirely different department. I know a few healthy people who got early shots because of government "error".


Yes. That was happening as well.

My larger point is that it is still open to interpretation and I feel could be considered a health disclosure if you need to show someone that card.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 12:50 pm 
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Dr. Kenneth Noisewater wrote:
Nas wrote:
Or worked for a company that had "essential" workers even though he worked in an entirely different department. I know a few healthy people who got early shots because of government "error".


Yes. That was happening as well.

My larger point is that it is still open to interpretation and I feel could be considered a health disclosure if you need to show someone that card.


Fair enough

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 1:43 pm 
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The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.

Asking someone to prove they've had a medical procedure performed on them is unquestionably a violation of that right.


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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 1:58 pm 
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Juice's Lecture Notes wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.
Asking someone to prove they've had a medical procedure performed on them is unquestionably a violation of that right.


Quote:
So, is it a HIPAA violation to be asked if you've been vaccinated?
Nope. "It is not a violation of federal law for an employer to ask an employee about their vaccination status," Larry Stuart, an employment lawyer in the Houston-based law firm Stuart PC and an adjunct professor at the Jones Graduate School of Business at Rice University, tells Health. The same goes for businesses and their patrons.

"[HIPAA] in no way prohibits business owners and other individuals from asking people if they have been vaccinated," Alan Meisel, a professor of law and bioethics at the University of Pittsburgh, told USA Today via email. "In fact, it doesn't even prohibit health care entities mentioned above from asking people if they have been vaccinated."

The US Equal Employment Opportunity Commission (EEOC), too, which administers and enforces laws against workplace discrimination, "has taken the position that an employer can ask that question lawfully, and require an answer to it," Stuart says.

Things get a little trickier when it comes to a business or employer asking why someone is not vaccinated. "If someone has a medical disability that would prevent them from getting vaccinated, they may need to be accommodate by the American Disabilities Act," Stuart says. And, if a person has a religious exemption, that may also need to be accommodated.

All of that said, none of this is even covered under HIPAA. "That only applies if a doctor has personal health information and discloses it," Stuart says. "It's not covered by HIPAA if an employer asks for your vaccination status." If your employer asked your doctor for the information, though, it would be information protected by HIPAA.

That said, just because someone asks about your vaccination status, it doesn't mean you have to disclose it to them. But in that situation—say, if a business asks if you're vaccinated because they require it for entry—that business is well within its rights to deny you entry, should you refuse to disclose your vaccination status.

Basically, the bottom line here: It's not a violation of HIPAA for any employer or business to ask if you've been vaccinated—and while you don't have to divulge that information, be prepared to be denied entry to a store or workplace, if you choose not to.
https://www.health.com/condition/infect ... id-vaccine

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:01 pm 
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Juice's Lecture Notes wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.

Asking someone to prove they've had a medical procedure performed on them is unquestionably a violation of that right.


Students and Teachers have to do the exact same thing in order to be employed and enrolled. To play a sport in this city you have to first pass a physical. If you fail it everyone knows that you failed it. Its not that big a deal. We have instituted rules for years for the safety and good of the general public and seemingly no one has ever had a problem with it.

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Technically I was drunk (big surprise) and asked her if she liked a tongue up her ass.


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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:04 pm 
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Frank Coztansa wrote:
Juice's Lecture Notes wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.
Asking someone to prove they've had a medical procedure performed on them is unquestionably a violation of that right.


Quote:
So, is it a HIPAA violation to be asked if you've been vaccinated?
Nope. "It is not a violation of federal law for an employer to ask an employee about their vaccination status," Larry Stuart, an employment lawyer in the Houston-based law firm Stuart PC and an adjunct professor at the Jones Graduate School of Business at Rice University, tells Health. The same goes for businesses and their patrons.

"[HIPAA] in no way prohibits business owners and other individuals from asking people if they have been vaccinated," Alan Meisel, a professor of law and bioethics at the University of Pittsburgh, told USA Today via email. "In fact, it doesn't even prohibit health care entities mentioned above from asking people if they have been vaccinated."

The US Equal Employment Opportunity Commission (EEOC), too, which administers and enforces laws against workplace discrimination, "has taken the position that an employer can ask that question lawfully, and require an answer to it," Stuart says.

Things get a little trickier when it comes to a business or employer asking why someone is not vaccinated. "If someone has a medical disability that would prevent them from getting vaccinated, they may need to be accommodate by the American Disabilities Act," Stuart says. And, if a person has a religious exemption, that may also need to be accommodated.

All of that said, none of this is even covered under HIPAA. "That only applies if a doctor has personal health information and discloses it," Stuart says. "It's not covered by HIPAA if an employer asks for your vaccination status." If your employer asked your doctor for the information, though, it would be information protected by HIPAA.

That said, just because someone asks about your vaccination status, it doesn't mean you have to disclose it to them. But in that situation—say, if a business asks if you're vaccinated because they require it for entry—that business is well within its rights to deny you entry, should you refuse to disclose your vaccination status.

Basically, the bottom line here: It's not a violation of HIPAA for any employer or business to ask if you've been vaccinated—and while you don't have to divulge that information, be prepared to be denied entry to a store or workplace, if you choose not to.
https://www.health.com/condition/infect ... id-vaccine


Interesting.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:05 pm 
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I don't think anyone has invoked HIPAA.

There is minimally an implied right to privacy throughout the Constitution.

I hope anyone supporting vaccination inquiries doesn't get too upset when Seacrest opens Jesus Doughnut Shop and asks all job applicants if they've ever had an abortion.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:10 pm 
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We'll see.

As of now though, legally, it seems perfectly fine to ask people if they have had a Covid vaccine.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:11 pm 
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If you don't like their "no vaccine, no entry" policy, then don't go there. Plenty of bars and choices to buy alcohol out there.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:13 pm 
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FrankDrebin wrote:
If you don't like their "no vaccine, no entry" policy, then don't go there. Plenty of bars and choices to buy alcohol out there.



I'm sure you understand the implications of that argument.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:18 pm 
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Implications are one thing. Actual laws or policies on the books are something else.

If Seacrest wants to waste time asking male applicants at his donut shop if they have had an abortion, he can certainly do so. When said applicants are done laughing at such a dumbass question, they can apply to be your hypothetical hotdog vendor.

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Last edited by Frank Coztansa on Wed Jun 02, 2021 2:19 pm, edited 1 time in total.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:18 pm 
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Joe Orr Road Rod wrote:
I don't think anyone has invoked HIPAA.

There is minimally an implied right to privacy throughout the Constitution.

I hope anyone supporting vaccination inquiries doesn't get too upset when Seacrest opens Jesus Doughnut Shop and asks all job applicants if they've ever had an abortion.



You poor bastard. :lol:

You are so wound up by a mask policy that you are just pulling shit out of your ass at this point.

There are plenty of other bars in Wrigleyville to go drink at. Nisei won't miss you.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:19 pm 
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Frank Coztansa wrote:
Juice's Lecture Notes wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.
Asking someone to prove they've had a medical procedure performed on them is unquestionably a violation of that right.


Quote:
So, is it a HIPAA violation to be asked if you've been vaccinated?
Nope. "It is not a violation of federal law for an employer to ask an employee about their vaccination status," Larry Stuart, an employment lawyer in the Houston-based law firm Stuart PC and an adjunct professor at the Jones Graduate School of Business at Rice University, tells Health. The same goes for businesses and their patrons.

"[HIPAA] in no way prohibits business owners and other individuals from asking people if they have been vaccinated," Alan Meisel, a professor of law and bioethics at the University of Pittsburgh, told USA Today via email. "In fact, it doesn't even prohibit health care entities mentioned above from asking people if they have been vaccinated."

The US Equal Employment Opportunity Commission (EEOC), too, which administers and enforces laws against workplace discrimination, "has taken the position that an employer can ask that question lawfully, and require an answer to it," Stuart says.

Things get a little trickier when it comes to a business or employer asking why someone is not vaccinated. "If someone has a medical disability that would prevent them from getting vaccinated, they may need to be accommodate by the American Disabilities Act," Stuart says. And, if a person has a religious exemption, that may also need to be accommodated.

All of that said, none of this is even covered under HIPAA. "That only applies if a doctor has personal health information and discloses it," Stuart says. "It's not covered by HIPAA if an employer asks for your vaccination status." If your employer asked your doctor for the information, though, it would be information protected by HIPAA.

That said, just because someone asks about your vaccination status, it doesn't mean you have to disclose it to them. But in that situation—say, if a business asks if you're vaccinated because they require it for entry—that business is well within its rights to deny you entry, should you refuse to disclose your vaccination status.

Basically, the bottom line here: It's not a violation of HIPAA for any employer or business to ask if you've been vaccinated—and while you don't have to divulge that information, be prepared to be denied entry to a store or workplace, if you choose not to.
https://www.health.com/condition/infect ... id-vaccine


So do you think a business could inquire about whether a patron has been taking PrEP and require proof of PrEP prescription to enter?


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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:20 pm 
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Frank Coztansa wrote:
Implications are one thing. Actual laws or policies on the books are something else.

If Seacrest wants to waste time asking male applicants at his donut shop if they have had an abortion, he can certainly do so. When said applicants are done laughing at such a dumbass question, they can apply to be your hypothetical hotdog vendor.


Bro, did you just assume the pregnant man's gender?!?!?

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:20 pm 
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Juice's Lecture Notes wrote:
Frank Coztansa wrote:
Juice's Lecture Notes wrote:
The Missing Link wrote:
Asking someone if they have been vaccinated isn't a violation of their right to health privacy. There is nothing from disclosing the info which indicates anything regarding a person's health.
Asking someone to prove they've had a medical procedure performed on them is unquestionably a violation of that right.


Quote:
So, is it a HIPAA violation to be asked if you've been vaccinated?
Nope. "It is not a violation of federal law for an employer to ask an employee about their vaccination status," Larry Stuart, an employment lawyer in the Houston-based law firm Stuart PC and an adjunct professor at the Jones Graduate School of Business at Rice University, tells Health. The same goes for businesses and their patrons.

"[HIPAA] in no way prohibits business owners and other individuals from asking people if they have been vaccinated," Alan Meisel, a professor of law and bioethics at the University of Pittsburgh, told USA Today via email. "In fact, it doesn't even prohibit health care entities mentioned above from asking people if they have been vaccinated."

The US Equal Employment Opportunity Commission (EEOC), too, which administers and enforces laws against workplace discrimination, "has taken the position that an employer can ask that question lawfully, and require an answer to it," Stuart says.

Things get a little trickier when it comes to a business or employer asking why someone is not vaccinated. "If someone has a medical disability that would prevent them from getting vaccinated, they may need to be accommodate by the American Disabilities Act," Stuart says. And, if a person has a religious exemption, that may also need to be accommodated.

All of that said, none of this is even covered under HIPAA. "That only applies if a doctor has personal health information and discloses it," Stuart says. "It's not covered by HIPAA if an employer asks for your vaccination status." If your employer asked your doctor for the information, though, it would be information protected by HIPAA.

That said, just because someone asks about your vaccination status, it doesn't mean you have to disclose it to them. But in that situation—say, if a business asks if you're vaccinated because they require it for entry—that business is well within its rights to deny you entry, should you refuse to disclose your vaccination status.

Basically, the bottom line here: It's not a violation of HIPAA for any employer or business to ask if you've been vaccinated—and while you don't have to divulge that information, be prepared to be denied entry to a store or workplace, if you choose not to.
https://www.health.com/condition/infect ... id-vaccine


So do you think a business could inquire about whether a patron has been taking PrEP and require proof of PrEP prescription to enter?


I figure a sex club would be well within its rights to do so.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:21 pm 
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Seacrest wrote:

There are plenty of other bars in Wrigleyville to go drink at. Nisei won't miss you.


To be fair, i'm guessing nearly every bar is going to do this for the time being
I saw a post by Sleeping Village on Belmont saying vacc is required until the city moves to phase 5


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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:21 pm 
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I don't know, JLN, and neither do you. I posted a link that seems to say its perfectly fine and legal for a business/employer to inquire about Covid vaccination status at this point. Maybe that changes in the future.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:23 pm 
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Frank Coztansa wrote:
Implications are one thing. Actual laws or policies on the books are something else.

If Seacrest wants to waste time asking male applicants at his donut shop if they have had an abortion, he can certainly do so. When said applicants are done laughing at such a dumbass question, they can apply to be your hypothetical hotdog vendor.


You may not be able to assume anything in the next 15 years.

You get 10% off of your donuts on Sundays if you never had an abortion.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:24 pm 
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Frank Coztansa wrote:
I don't know, JLN, and neither do you. I posted a link that seems to say its perfectly fine and legal for a business/employer to inquire about Covid vaccination status at this point. Maybe that changes in the future.

You posted a link that answered whether asking about vaccination status is a HIPAA violation.


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 Post subject: Re: Nisei Lounge
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Joe Orr Road Rod wrote:
I don't think anyone has invoked HIPAA.


I'm pretty sure I was totally invoking that.

This whole discussion is a ridiculous culmination of governmental regulation about what businesses need to be able to prove/verify/secure in order to operate and be in compliance with the laws in place.

Here's a bunch of laws. You guys figure it out.

But, make sure you do it right.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:25 pm 
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Joe Orr Road Rod wrote:
I don't think anyone has invoked HIPAA.

There is minimally an implied right to privacy throughout the Constitution.

I hope anyone supporting vaccination inquiries doesn't get too upset when Seacrest opens Jesus Doughnut Shop and asks all job applicants if they've ever had an abortion.


Strict Constitutionalist Joe is now interpreting implied rights from that sacred document

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:26 pm 
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Read the link and perhaps you could answer your own question, JLN. If not, perhaps you could do the research to answer your own question rather than play expert on a message board.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:27 pm 
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Dr. Kenneth Noisewater wrote:
Joe Orr Road Rod wrote:
I don't think anyone has invoked HIPAA.


I'm pretty sure I was totally invoking that.

This whole discussion is a ridiculous culmination of governmental regulation about what businesses need to be able to prove/verify/secure in order to operate and be in compliance with the laws in place.

Here's a bunch of laws. You guys figure it out.

But, make sure you do it right
.


That should be the gripe. Not a business using a marketing stunt and legal loopholes to operate at 100% capacity.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:39 pm 
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good dolphin wrote:
Joe Orr Road Rod wrote:
I don't think anyone has invoked HIPAA.

There is minimally an implied right to privacy throughout the Constitution.

I hope anyone supporting vaccination inquiries doesn't get too upset when Seacrest opens Jesus Doughnut Shop and asks all job applicants if they've ever had an abortion.


Strict Constitutionalist Joe is now interpreting implied rights from that sacred document


I said "minimally implied". I would argue the Fourth Amendment specifically addresses such right.

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 Post subject: Re: Nisei Lounge
PostPosted: Wed Jun 02, 2021 2:40 pm 
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Location: Lovetron
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Bagels wrote:
Seacrest wrote:

There are plenty of other bars in Wrigleyville to go drink at. Nisei won't miss you.


To be fair, i'm guessing nearly every bar is going to do this for the time being
I saw a post by Sleeping Village on Belmont saying vacc is required until the city moves to phase 5



I'm guessing that JORR will no longer be drinking in Wrigleyville then if that's the case.

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