Today, in New Orleans, patrons of businesses will have to prove they are vaccinated or show proof of a negative COVID test before entering.
The citywide mandate has spawned debates over whether or not it is constitutional.
So a question surfaces; can a person sue the city or a business for requiring proof of vaccination?
“The short answer is, who knows?” Loyola Law Professor Dane Ciolino told WWL Radio. “The real question is whether or not a lawsuit is meritorious, or some basis in law and fact for it.”
“If we see any lawsuits it will be this week,” said Ciolino. “In my view, any lawsuits, unless they are based on egregious facts aren’t going to be successful.”
He says it will be difficult to challenge if the mandate is unconstitutional because the mandate was created out of the rational basis of public safety.
“It just has to be rational, it has to have some basis in reason and I don’t think anybody would argue with the fact that what the mayor has done, whether you agree with her or not, there is a rational basis for what she is doing,” said Ciolino.
