(A) Definitions. As used in this section:
INDIVIDUAL. An adult or minor, state resident or otherwise.
PERSON. Has the same meaning as in R.C. § 1.59.
POLITICAL SUBDIVISION. The City of Lebanon, Ohio.
VACCINE, VACCINATION, and IMMUNIZATION means any product manufactured to create acquired immunity to COVID 19 or any variant of COVID 19 or the process of administering such a product.
VACCINE STATUS. Whether or not an individual has received a specific vaccination or series of vaccinations.
(B) (1) It is the policy of the city that individuals have a right to direct their own health care decisions, free from coercion or penalty, and with informed consent, for themselves, their children, their family, and anyone for whom they stand in loco parentis.
(2) The city shall not mandate, require, or otherwise request an individual to receive a vaccine.
(C) It is the policy of the city that individuals have a right to expect that their personal privacy rights remain protected, specifically private health information.
(1) Except as provided in division (C)(2) of this section, the city shall not do any of the following:
(a) Mandate, require, or otherwise request an individual to disclose the individual's vaccine status;
(b) Mandate, require, or otherwise request participation in a vaccine passport system, vaccine registry, or other mechanism that is designed for the purpose of tracking an individual's vaccine status;
(c) Disclose an individual's vaccination status.
(2) Exceptions.
(a) Division (C)(1) of this section does not apply to the city's health care provider or insurer as it pertains to patient care, treatment, or billing. In such case, an individual's vaccine status shall be considered and treated as protected health information pursuant to R.C. Chapter 3798.
(3) The City of Lebanon, Ohio shall not make public an individual's vaccine status.
(D) It is the policy of the city that individuals have a right to expect that their personal health choices shall not result in discriminatory treatment. The city shall not do any of the following:
(1) Deny service or access to, segregate, require a vaccine status label for, require disease or immunity testing of, penalize as a result of, or otherwise discriminate against an individual based on their refusal to receive a specific vaccination or series of vaccinations, subscribe to a vaccine or immunity passport or tracking system, or provide proof of vaccination for, immunity to, or testing of a specific contagious or infectious disease or diseases;
(2) Provide any disposition, service, financial aid, or benefit to an individual that is different from, or is provided in a different manner than, that provided to other individuals based on the individual's refusal to receive a specific vaccination or series of vaccinations, subscribe to a vaccine or immunity passport or tracking system, or provide proof of vaccination for, immunity to, or testing of a specific contagious or infectious disease or diseases;
(3) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any disposition, service, financial aid, or benefit provided to other individuals based on the individual's refusal to receive a specific vaccination or series of vaccinations, subscribe to a vaccine or immunity passport or tracking system, or provide proof of vaccination for, immunity to, or testing of a specific contagious or infectious disease or diseases;
(4) Treat an individual differently from others in determining whether that individual satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition that individuals are required to meet in order to be provided any disposition, service, financial aid, or benefit available to other members of the general public;
(5) Deny an individual an opportunity to participate in a program through the provision of service or otherwise afford that individual an opportunity to do so that is different from that afforded to other members of the general public;
(6) Create, impose, or allow to be imposed any device or method of identification that acts as, or might be considered to be, a vaccine passport that would be required of any citizen seeking to travel, to enter any public space or private property, or to do any business within this state.
(E) It is the policy of the City of Lebanon, Ohio that the health choice and privacy of individuals are paramount and shall remain so under all circumstances, even in the presence of emergencies.
(1) The City of Lebanon, Ohio shall not issue any order or proclamation or take other action that violates any provision of this section, under the pretense of an emergency, including a resolution or ordinance declaring a state of emergency.
(2) The City of Lebanon, Ohio shall not issue any order or proclamation or take other action that encourages any person, public official or employee, or employer to violate any provision of this section.
(Ord. 2021-087, passed 9-14-21)