Defiance Comes With A Cost

One of the things that riles me more than most is the absolute zeal with which the anti-vaxxers embrace their cause. Call it truculence, call it misplaced zeal, call it whatever you will, their willfully ignorant stance ignores the facts of Covid-19 and its very effective Kryptonite, the vaccines themselves. Unfortunately, the collateral damage caused by their desperate and pitiable effort to define themselves by their defiance is the rest of us.

Public health and any sense of community beyond their own benighted cadre seems non-existent.

Now added to the fray are restaurants and other businesses that are openly advertising that they do not 'discriminate' and will not be asking for proof of status as a condition of entry.

Propelled by a mixture of vaccine skepticism, business decisions and fear of government overreach, these proprietors — ranging from burger joints in Toronto to a Brazilian jiu-jitsu class in Thornhill — have formed an extensive and well-documented network of restaurants, gyms, cafes and more where clientele can enter regardless of jab status.

 In a Facebook group called “Ontario Businesses Against Health Pass,” which boasts more than 139,000 members, small business owners and entrepreneurs across the province have been promoting their products and decrying the Reopening Ontario Act.

“At King Jiu Jitsu, we do NOT discriminate,” wrote Gregg King, operator of a martial arts class in Thornhill, in the Facebook group. “Vaxxed or not vaxxed you are all welcome to train in a safe and friendly environment ... No BS. No politics. No Drama!”

 The posts receive scores of supportive messages from like-minded people. The businesses are added to an online directory, called Ontario BAD (Businesses Against Discrimination), where they can advertise their work and submit job postings to fill vacancies.

Apparently there are close to 700 enterprises listed on the site. If you are curious,  you can check out some of them on this Google Maps compilation.

Arguments for their stance are disingenuous at best. Jenna Barnes, owner of a very small restaurant in Hamilton called The Harbour Diner, 

thinks the province is disadvantaging small businesses by implementing rules that don’t apply to big corporations.

“You can walk into a Canadian Tire, or a Walmart, or a Costco and nobody will ask you a damn question about your medical history. Why is it all on us?”

The obvious answer, of course, is that those enterprises require masks at all times, something that is impossible when one is eating.

The Star's Emma Teitel has a solution to the problems posed by these scofflaws. 

What if, you, a fully vaccinated person, dine at a restaurant you assumed to be safe, only to discover later on that not only did you contract COVID-19 from an outbreak at the restaurant, but its owner failed to check diners’ vaccination statuses and boasted about this failure online?

According to Alex Colangelo, a lawyer and professor of paralegal studies at Humber College, you might have recourse to sue the restaurant for negligence.

 Consider this passage from Ontario’s Occupiers’ Liability Act, the “occupier” for our purposes being a business owner: “An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”

Consider this passage from Ontario’s Occupiers’ Liability Act, the “occupier” for our purposes being a business owner: “An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”

It is time that those who proudly trumpet their truculence accept responsibility for their irresponsibility. Lawsuits, fines for non-compliance and even closure of businesses seem a good place to start imparting a much-needed lesson.