The COVID-19 pandemic remains a significant challenge in the City of Los Angeles, particularly in light of the highly contagious delta variant. COVID-19 daily cases and community transmission remain high and, according to health experts, are likely to increase during the coming weeks because respiratory viruses spread more easily in the fall and winter months. The United States Centers for Disease Control and Prevention, California Department of Public Health, and County of Los Angeles Department of Public Health (DPH) uniformly recommend widespread vaccination in order to combat the spread of COVID-19, protect those who cannot be vaccinated by reason of age, safeguard the capacity of the local health care system, and prevent unnecessary and premature deaths. Although vaccines are widely available in the City, many eligible residents are not yet vaccinated. If there is not a significant increase in vaccination coverage, local health experts warn that there will be a cycle of repeated surges every few months. The City has an interest in increasing vaccination rates which, in turn, will help stem the spread of COVID-19 and protect its residents against a disease that threatens the health, safety, and wellbeing of everyone.
On August 24, 2021, the DPH issued a memorandum titled Evaluation of COVID-19 Vaccine Requirements for Indoor Public Spaces, which explained that "[b]ecause Los Angeles County is and has remained at a level of high community transmission, additional layers of protection in certain indoor settings where COVID-19 transmission is more likely to occur must be considered to avoid further negative impacts to the populous and business community." DPH recommended a vaccination requirement for "indoor public settings that present a higher risk of transmission ... because of exceptions to the universal indoor masking requirement, increased levels of physical exertion by customers, or large numbers of people at an establishment or the close proximity of employees and/or customers for long periods of time." DPH allowed for municipalities to require more stringent measures.
On September 17, 2021, DPH issued an Order titled Responding Together at Work and in the Community (Order) with the stated goal of slowing the continuously high trends in and level of transmission of COVID-19. The Order advises "[t]he best way to reduce the current level of community transmission and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated as soon as possible." Specifically, the DPH Order mandates proof of vaccination or a negative COVID-19 test for Mega Events defined as event with large crowds, including indoor events with greater than 1,000 attendees and outdoor events with greater than 10,000 attendees. The DPH Order also requires proof of vaccination for all indoor spaces at bars, breweries, wineries, distilleries, nightclubs, and lounges. The locations covered under the DPH Order are required to follow the mandates of the Order. The Order also strongly recommends that operators of all restaurants verify the COVID-19 vaccination status of their patrons for indoor service. The Order does not supersede any stricter limitation imposed by a local public entity and, in announcing the Order, the DPH applauded cities across the County for creating additional safeguards in spaces where people are intermingling with the use of targeted vaccination mandates.
In light of the DPH's guidance, requiring vaccination of all eligible individuals who frequent recreational indoor businesses that allow groups of unassociated individuals to interact for long periods of time where patrons remove their masks to eat or drink, engage in heavy physical exertion, or do not adequately physically distance, will provide the strongest protection to the health and safety of the City's residents, including those who for reasons of age cannot be vaccinated. Requiring vaccination or proof of a negative COVID-19 test for large outdoor events between 5,000 and 9,999 attendees also will address several factors that increase the risk of transmission at those events, including crowding, prolonged duration, removal of masks for eating or drinking, and the increased likelihood contagious persons are present when a larger number of people are gathered. Additionally, requiring vaccination for individuals who enter City buildings will protect the health and safety of the City's workforce who themselves must be vaccinated and will protect the public health at large. These requirements also offer an alternative approach to stringent public health measures such as complete business closures that have been implemented previously. The City of Los Angeles Department of Airports must follow federal regulations concerning air travel and should consider best practices employed by other large airports with respect to protecting its employees and travelers.
The City therefore seeks to promote the health, safety, and welfare of its residents, to protect its workers, and to encourage vaccination, by requiring proof of full vaccination with a COVID-19 vaccine to enter recreational locations and events within the City that routinely allow for higher-risk interaction, and City buildings where City workers put themselves at risk to provide services to the general public. On the premises of these establishments, implementation of a vaccination requirement is critical in order to protect the City's employees, residents, visitors, and businesses, while also attempting to avoid future shutdowns and maintain the City's economic recovery. Nothing herein shall be interpreted to supersede or modify any Orders issued by the DPH, State Public Health Officer, or federal government.