Measure would bar NH from requiring vaccine ‘passports’

By Kathy Mccormack and Wilson Ring
Associated Press
All U.S. adults are now eligible for a COVID-19 vaccine. To register for a vaccine appointment in New Hampshire, please visit vaccines.nh.gov or call 2-1-1. To register for a vaccine appointment in Vermont, please visit healthvermont.gov or call (855) 722-7878.

Here are the latest developments regarding the ongoing novel coronavirus pandemic throughout New England:

New HampshireNew Hampshire is not developing or requiring “vaccine passports,” documents that show you were vaccinated against COVID-19, but a proposed legislative measure would prohibit state government from requiring people to receive the vaccine or possess the passport.

The measure also would prohibit the state from entering into any contract or distributing taxpayer money to any business that would require the passport, or would in any way discriminate against someone who refuses to receive the vaccine.

“Vaccine passports could discriminate against people flying, traveling, trying to get a job, or even something as simple as going to the supermarket,” Rep. Tim Baxter, R-Seabrook, its sponsor, testified before the House Committee on Executive Departments and Administration on Tuesday.

Baxter said the measure would bar an institution like the University of New Hampshire from mandating a vaccine passport. UNH will require proof of vaccination or negative COVID-19 tests for guests attending graduation ceremonies next month, “so I do think that’s a very real example of sort of slipping down that slippery slope,” Baxter said.

The measure does say medical facilities treating COVID-19 patients shall be exempt, “where a direct threat exists that cannot be eliminated or reduced by reasonable accommodation.”

Beth Daly, chief of the state’s Bureau of Infectious Disease Control, testified that language suggests that employers are making the determination of what a “direct threat” is, “which would likely lead to inconsistent application of the law throughout the state.”

“It also opens the door to future restrictions on immunization requirements, and may have other unintended consequences,” she added.

Her department did not take a position for or against the measure.

Representatives of the New Hampshire Hospital Association, the Home Care, Hospice & Palliative Care Alliance of New Hampshire, Dartmouth-Hitchcock, and the Business and Industry Association of New Hampshire testified against the measure, saying the the exemption language was problematic and would be difficult to enforce.

J&J vaccine: The state of New Hampshire is allowing additional appointments for the Johnson & Johnson vaccine at three of its sites.

The 4,500 appointments are available in the state’s scheduling system, VINI, for Sunday in the Concord, Nashua and Newington vaccination clinics.

The Sunday clinics are not open to walk-in appointments. They will be open from 8 a.m. to 4 p.m. People with later appointments can reschedule for an appointment for Sunday.

House in-person session: New Hampshire’s House Speaker wants to ask the U.S. Supreme Court to review a case involving a challenge to holding in-person legislative sessions during the coronavirus pandemic.

Earlier this year, seven Democratic lawmakers sued Sherman Packard, a Republican, arguing that holding in-person sessions without a remote option violates the Americans with Disabilities Act and the state and federal constitutions, and forces them to either risk their lives or abandon their duties as elected officials.

A federal judge in Concord ruled in Packard’s favor. But the Boston-based 1st Circuit Court of Appeals sent the case back to the judge to hold further proceedings to determine if the plaintiffs are “persons with disabilities within the meaning” of the ADA or the federal Rehabilitation Act.

The attorney general’s office is representing Packard and said in a document filed Monday that if the 1st Circuit won’t rehear the case, then it should delay its ruling so Packard can ask for the Supreme Court to review it.

The 1st Circuit’s decision does away with legislative immunity “on the broad swath of potential claims arising under the ADA or Rehabilitation Act,” the attorney general’s office argued.

Separately, Packard’s office issued a statement Monday saying “there have been no known COVID-19 cases” resulting from the last House sessions, which were held April 7-9 at a sports complex in Bedford. There also were no cases reported in two prior indoor sessions.

Amphitheater concerts: A 9,000-seat amphitheater in New Hampshire’s Lakes Region is advertising a combination of reduced- and full-capacity shows this summer, and businesses that benefit from people visiting the venue are happy to see some traffic again.

“Of course it’s going to be much better than 2020, but I’m not sure it’s going to be as good as 2019,” Frank Tuscano, general manager of the nearby Fireside Inn and Suites, told The Laconia Daily Sun. “If we can do the numbers like we did in 2018, I’d be very happy.”

Tuscano said when the Bank of New Hampshire Pavilion in Gilford had to cancel its shows last year because of the coronavirus pandemic, it cut his season’s numbers nearly in half. In 2019, combination of multiple shows and Motorcycle Week kept him busy in the summer.

Amy Landers of the Lakes Region Tourism Association said the Bank of NH Pavilion, as well as the Great Waters festival in Wolfeboro, feature talent that inspires fans to drive from Massachusetts, Vermont or Maine, and engage in other tourism in the area.

The numbers: More than 94,000 people have tested positive for the virus in New Hampshire, including 273 cases announced Tuesday. No new deaths were announced. There have been 1,294 reported deaths.

The seven-day rolling average of daily new cases in New Hampshire decreased over the past two weeks, going from 443 new cases per day on April 11 to 291 new cases per day on Sunday.

VermontThe state of Vermont is preparing to restore the work-search requirement for most people who are receiving unemployment benefits, the state’s labor commissioner said Tuesday.

The work search requirement was suspended last year in order to ensure the safety of Vermonters, Labor Commissioner Michael Harrington said during Gov. Phil Scott’s twice-weekly virus briefing.

“Vermont is moving forward to more normalcy because our health officials say it is safe to do so,” Harrington said. “That means more opportunities for Vermonters to return to work or seek new opportunities safely. We know employers are actively seeking people to fill open jobs.”

The most recent statistics show that about 2.9% of the Vermont workforce is unemployed and many Vermont employers say their businesses are hobbled by a shortage of workers.

“Claimants are obligated to accept offers of suitable work and refusing an offer of suitable work may result in the loss of benefits,” Harrington said.

Scott said that over the last decade the state has been grappling with a growing workforce shortage and he didn’t think the work-search requirement would end that challenge.

“I see this as being a part of the solution,” Scott said. “We do have opportunities in Vermont. We need to get back to normal, and this will, again, just assist people in getting out there to see what’s available.”

A valid work search consists of three searches a week, which must be reported to the state Department of Labor. Because of COVID-19, people will be able to seek work over the phone or via email, and interviews can also be done by phone, Harrington said.

People who have a “COVID-qualifying circumstance” will not be required seek work. Some of the qualifying events include people who have COVID-19, are under quarantine or who are caring for someone with the disease.

People who are self-employed, independent contractors or sole proprietors do not have to look for work, Harrington said.

Harrington said between 20,000 and 22,000 people in Vermont are collecting regular unemployment insurance and another 10,000 are collecting benefits under the federal pandemic unemployment assistant program, which applies to people not covered by the regular program, such as self-employed individuals.

Case trends: Mike Pieciak, the commissioner of the Vermont Department of Financial Regulation, has been following the COVID-19 trends for the state, and said there was “plenty of good news” this week for the state.

That includes nine straight days with case numbers below 100, the first time that has happened since November. Cases are down in 13 of Vermont’s 14 counties.

Over the last week, Vermont has had the second lowest number of COVID-19 fatalities per capita in the country, and Vermonters are continuing to get vaccinated against the disease, he said.

The numbers: On Tuesday, the Vermont Department of Health reported 59 new cases of the virus that causes COVID-19, bringing the statewide total since the pandemic began to almost 22,700.

There were 19 people hospitalized with COVID-19, including five in intensive care.

One additional death was reported, bringing the statewide total since the start of the pandemic to 245.

The seven-day rolling average of daily new cases in Vermont did not increase over the past two weeks, going from 146.29 new cases per day on April 11 to 72.14 new cases per day on April 25.

The seven-day rolling average of daily deaths in Vermont did not increase over the past two weeks, going from 0.57 deaths per day on April 11 to 0.29 deaths per day on April 25.