When the U.S. Centers for Disease Control and Prevention (CDC) lifted mask mandates for fully vaccinated people, it once again threw a wrench into plans to resume in-person events.
Yes, legally speaking, event organizers can require all attendees to be fully vaccinated, as long as they provide accommodations for those with medical or religious exemptions.
But the question remains: Should you do it? And if you do, should you require everyone to wear a mask to protect those who are exempt from vaccination among your attendees, exhibitors, and employees? Should you limit attendance to only those who can prove they are fully vaccinated? If so, should you stick to the honor system or require proof of vaccination? Similarly, if you don’t limit attendance to only fully vaccinated people, how can you ensure that only fully vaccinated people will not wear masks at your event?
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Some trade show organizers, including but not limited to those catering to healthcare professionals, have chosen to require all attendees to be fully vaccinated. But how they choose to do so varies from organizer to organizer.
Watch the video of Barbara Dunn, Partner, Barnes & Thornburg LLP, and Lisa Sommer Devlin, of Devlin Law Firm, P.C., representing both the planner’s (Dunn) and the hotel’s (Devlin) legal positions on the requirement for attendees to be vaccinated to attend, sponsored by HopSkip.
Some concrete examples
Last week, the Healthcare Information and Management Systems Society, Inc. (HIMSS) made waves when it publicly announced a “mandatory vaccination” policy for all HIMSS attendees, exhibitors, and employees. “If an attendee, exhibitor, or HIMSS staff member does not meet these requirements, they are NOT considered fully vaccinated and will not be permitted to enter the HIMSS21 campus,” HIMSS posted on its Health and Safety Information Center for the show, which runs August 9-13 in Las Vegas. At press time, the show organizer was still evaluating which technology vendor attendees could use to prove they are fully vaccinated. At press time, it had not yet decided whether it would also require masks or other COVID-related protocols.
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Other healthcare trade show organizers, including the American College of Chest Physicians, are joining HIMSS. The ACCP’s annual CHEST meeting, scheduled for Oct. 17-20 at the Orange County Convention Center in Orlando, appears to be following the honor system route, requiring attendees, staff and faculty to attest to having received a full FDA-approved vaccination, as well as wear masks and follow physical distancing guidelines.
Taking a harder line
At HLTH 2021, scheduled for October 17-20 at the Boston Convention and Exhibition Center, strict full vaccination requirements have been implemented for all attendees, sponsors, exhibitors, and event staff. HLTH attendees must use the Health Pass on the free CLEAR app to submit proof of vaccination. Those who cannot prove they have received a full dose of one of the FDA-approved vaccines can purchase a ticket to access the event digitally.
“While there is still much to learn about COVID, one thing remains clear: a fully vaccinated population is our best hope to prevent the spread, save lives, and end this pandemic,” said Jonathan Weiner, Founder and CEO of HLTH.
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“The HLTH team remains steadfastly committed to protecting our staff, participants, and the local community that hosts HLTH,” Weiner added. “We cannot and will not ignore the science: vaccinated individuals are least likely to get or transmit COVID. Unvaccinated individuals are most at risk and also pose a significant risk to others.”
“For these reasons and after careful consideration of all possible options, we have made the decision to require that all individuals planning to join us in person at HLTH 2021 be fully vaccinated. We hope that mask wearing and social distancing can become personal decisions during HLTH 2021, including during evening networking events.”
He added that HLTH will continually update its COVID-19 safety page as local, national and regional guidelines evolve.
But it is not only health institutions that are taking the path of full mandatory vaccination.nd The Hunter Hotel Investment Conference, held from May 10-12, also used CLEAR’s Health Pass to screen attendees. After answering the health screening questions, attendees were either given a green signal indicating they met the entry requirements or a red signal indicating they were prohibited.
Location matters
Things continue to get murkier as state, municipal and regional governments, as well as live entertainment venue operators, begin to lift mask mandates and other COVID-19 safety guidelines and regulations. In some states, individual cities and regions may still have stricter requirements than the state.
In some areas, full vaccination and/or negative COVID tests may be required to meet local requirements. According to a May 6 update from the Los Angeles County Department of Public Health for Meetings and Events, private indoor events, which are limited to a maximum of 200 people, are only permitted if all guests have tested negative for COVID-19 or have proof of full COVID-19 vaccination. And while the state of California will not require residents to be able to show an official vaccine passport when it lifts distancing and capacity limits on June 15, organizers of indoor events hosting 5,000 people or more will be required to verify — through their method of choice, including self-attestation — that attendees have been vaccinated or tested negative for COVID-19, according to a report in The Daily Democrat.
Meanwhile, on the other coast, Florida Gov. Ron DeSantis recently signed a law banning private businesses, schools, and government offices from requiring citizens to provide proof of COVID vaccination: Any business operating in Florida “may not require its customers to provide documentation certifying vaccination against COVID-19 or recovery from infection to access, enter, or receive the services of the business in this state.” How might this law affect meetings and conventions? Trade show organizers can take a cue from the recent announcement that Florida-based cruise ships that require passengers to verify their vaccination will be subject to fines of up to $5,000 per passenger.
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Even if the destination and/or event venue drops mask mandates, maximum occupancy rates, and social distancing rules, event organizers can still legally require stricter policies, including full vaccination requirements (see video above). But they should prepare for possible increased pushback from attendees and exhibitors if the destination’s rules are more lenient than the show organizers’. They should also prepare for a decline in attendance from exhibitors and attendees, as many companies still have their own travel restrictions in place.
An international touch
In some cases, the destination could make it unnecessary for trade show organizers to require vaccinations, at least for some attendees. Such is the case for CPhl Worldwide, a major global pharmaceutical conference and exhibition that attracts more than 100,000 attendees. It is scheduled to take place this year at Italy’s Fiera Milano exhibition center from November 9 to 11. The Italian government has decided to allow conferences and trade shows of all sizes after July 1.
Until now, international presence was questionable due to the travel restrictions in place in each country. But from May 18, the EU will allow all vaccinated international travelers to enter EU countries, although it is currently up to each country to determine what they will accept as proof of vaccination. If all international travelers must provide proof of vaccination to enter the country, it would logically follow that trade show organizers could accept their presence in the country as sufficient proof of full vaccination.
This may change as the pandemic and related restrictions continue to evolve. While the COVID situation remains fluid, organizers would be wise to remain in close communication with local, state, and federal authorities as the situation continues to evolve.
Will this trend last?
More food for thought: “Legal opinions aside, some events may require vaccination, but based on recent CDC guidance and opening trends, I believe this will be short-lived,” said Rich Vallaster, director of marketing and event industry relations at Personify A2Z Events.
“More importantly, the event ecosystem is too large to provide a safe ‘vaccination bubble,’” he noted. Attendees and exhibitors traveling to the event easily encounter hundreds of people before they arrive. Once there, each venue (rideshares, hotels, restaurants, convention centers, etc.) increases the number of people exponentially. “It would be impossible to mandate vaccination across that entire ecosystem. So before organizers try to boil the ocean, they need to understand that the CDC has provided us with clear guidance on how to safely interact with the public. And as with all safety precautions, it will be up to each individual to decide how to manage (attend) and mitigate risk. Of course, show organizers will need to follow local protocols and provide a reasonably safe environment, but it will not be up to show organizers to manage the impossible.”
