Battle brewing between states and proof-of-vaccine requirements

Texas and Florida have taken steps to prohibit "vaccine passports," whereas New York has already started rolling out an app that shows vaccination records or proof of a negative COVID test.
3:53 | 04/07/21

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Transcript for Battle brewing between states and proof-of-vaccine requirements
Now to the debate over so-called vaccine passports. The governor of Texas becoming the second state leader to issue an executive order banning government and agencies and private businesses that get state funding for requiring proof of vaccination. T.J. Holmes joins us now with more. Want to go to a game at the garden, stra, show me your passport. A Broadway show, show me your want to go to a concert, show me your passport. What about if you want to go to this college, show me your passport. Plenty are saying whether I did or not is none of your business although some states, companies and colleges are saying otherwise. Should you have to prove you're vaccinate with a passport? Governor Abbott saying no prohibiting government mandated passport. Government should not require any Texan to show proof of vaccination and reveal private health information just to go about their daily lives. Reporter: Florida's governor banned them last week and went a step further blocking businesses from requiring them sayg they would create two classes of citizens based on vaccination but in New York, they're already rolling out with people using a digital app called excelsior pass to prove vaccination. The government will not mandate them on a federal level but the fight involving private institutions is just getting started. Brown, Rutgers and others requiring on campus students to get vaccinated by next fall unless they have a medical or religious exemption, a move that got swift pushback. I should not be pressured into taking it. Reporter: Norwegian cruise lines announced proof of vaccination will be required for all passengers and crew members. Virgin voyages announced a similar plan last month. We think that's the right thing to do. Hearing vaccine passport might conjure up a lot of images but they'll be digital, apps you carry out so whether or not you can be required will be a lot of legal questions and maybe we should talk to a lawyer about it. Let's bring in chief legal analyst Dan Abrams. This is peers to be legal, right? Yeah, for a private business, it's pretty clear that they're allowed to implement health protocols as they see fit. Remember, even the state is allowed to demand that people get vaccines. We've seen that -- the supreme court decision with regard to smallpox, yes, even states can require it. So no doubt that private businesses are allowed to say we're going to demand this, remember, though, if it's an employer, you have to think about those exemptions. The religious and, you know, the other kinds of medical exemption, et cetera, if that's the case with regard to an employer, though, I think the employer could still say you can't come into the office but they'd have to make accommodations for the person to do their work. With those. But what about governors trying to put a ban on the passports? Look, they can probably do that with regard to government entities, government businesses, government-related businesses, et cetera, but they probably can't do it with regard to those private businesses, so that's going to be the interesting legal ground is going to be any challenges to these governors basically saying, it's a ban because, for example, the cruise industry in Florida, huge business and they want to sail and start it in Florida and require this and they're going to either have to figure out a way to try to challenge which probably won't be successful or potentially think about having to move their ports. Dan Abrams, thanks very much.

This transcript has been automatically generated and may not be 100% accurate.

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