A loophole in vaccine mandates + Courthouse closed + Big events starting to cancel?
Plus: Matthews Alive called off; Boone and Durham start requiring masks again; Annexation planned for River District; Hoyle Martin dies; New 'eco-friendly' Bird scooter let loose on Charlotte streets
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As vaccine requirements multiply, so do requests for religious exceptions; ‘Sincerely held religious belief’ — or gaming the system?
by Tony Mecia
As recommendations to get the Covid vaccine are now turning into requirements at some workplaces and colleges, a lot more people are suddenly finding religion.
For legal reasons, vaccine mandates usually include two exceptions: one for medical reasons, and another for “sincerely held religious beliefs.” Local human resources officials and employment lawyers say people have started citing those religious beliefs as a way to avoid vaccinations.
In a letter to Queens University of Charlotte students last week, for instance, university president Dan Lugo noted with alarm that fewer than 50% of students had submitted proof of vaccination — despite a requirement that they do so. And he noted:
Concerningly, we’ve also seen a high number of religious exemption requests, which does not align with the percentage of individuals who had submitted exemptions from other vaccine requirements.
A Queens spokesman told The Ledger on Sunday that he was unable to share additional information on the numbers of students seeking exemptions, citing “privacy reasons.”
Requests for religious exemptions are likely to become more of an issue as Covid vaccine mandates become more widespread among national and local companies. Last week, United Airlines and Tyson Foods were among big national firms requiring vaccines of their workers, and others, including Microsoft and Walmart, are requiring them for office workers.
Locally, Atrium Health and Novant Health are requiring them of their employees and contractors, and seven independent medical providers — including Tryon Medical Partners and OrthoCarolina — announced last week they are doing the same. Local employment lawyers said last week they’re fielding calls from smaller and mid-sized companies leaning that direction, too.
As those mandates have increased, so have requests for religious exemptions. Medical exemptions tend to be less common. They typically require documentation, while requests for accommodations on religious grounds just require a statement of beliefs, at the most.
Religious arguments: As you might expect, there’s advice available on the internet for crafting successful statements that one’s religious beliefs oppose receiving a vaccine — including that accepting vaccines is a “betrayal of faith” in the healing power of God; that vaccines corrupt “sanctity of the blood” with unnatural ingredients; and that the Pfizer, Moderna and Johnson & Johnson vaccines were tested in part on cells that descended from aborted fetal tissue and therefore disrespect the sanctity of life. No mainline religion has said there’s a conflict between Covid vaccines and their theology: The Vatican has said that vaccines are morally acceptable. The religious background of people most opposed to receiving vaccines are white evangelicals (24% say they refuse to take the vaccine), followed by Mormons (19%) and Hispanic Protestants (17%), according to a June survey by the Public Religion Research Institute.
Meredith Jeffries, an employment lawyer with Alexander Ricks, says a few clients have asked her about the issue lately.
The legal standard for a religious exemption doesn’t require going to church or being a member of an organized religion. It requires only that the employee have a “sincerely held” belief that they categorize as religious. The standard seems generous: Courts have previously given religious protections to people with strong beliefs in veganism and body piercings.
“The bar is very low,” Jeffries says. “It can be a religion of one.” She advises clients not to challenge claims of religious beliefs: “That’s usually a loser for the employer.”
A second Charlotte employment lawyer, who didn’t want to be named because of the sensitivity of the issue, said religious exemptions can be a major loophole. Employers are already reluctant to inquire about their workers’ religious beliefs, and they really don’t want to get into extended discussions about those beliefs, for fear of future discrimination lawsuits.
Opting out of vaccinations: As it relates to vaccines, there have always been small numbers of people who have opted out of requirements because of what they say are religious views. For example, in 2017-18, 1.2% of kindergarten students statewide were not immunized against polio, measles, mumps and other diseases because they successfully claimed a religious exemption. Mecklenburg had 1.9% with religious exceptions; the schools with the highest rates of religious exemptions among kindergarten classes or 30 or more were at private and charter schools: Pioneer Springs Community School near Huntersville (17.4%), Grace Covenant Academy in Cornelius (15.6%) and Queens Grant Community School in Mint Hill (11.8%). Among public schools, Davidson Elementary had the highest, at 10.6%.
If employers acknowledge a religious exception to Covid requirements, the next question is how to accommodate those workers. Companies have a lot of latitude and aren’t required to place unvaccinated people in front of customers or close to other workers, lawyers say. In some cases, those with religious exemptions might be permitted to work from home, but that’s not always possible in all workplaces.
Today’s supporting sponsors are T.R. Lawing Realty …
… and Payzer:
There is a lot happening on the Covid front locally this morning:
◼️ Mecklenburg County courts closed today and tomorrow because of Covid outbreak
◼️ Big events imperiled? Matthews Alive canceled, Garth Brooks re-evaluating September concert, Michael Bublé moves August concert to October
◼️ New local data: Covid deaths fall, while cases and hospitalizations rise
◼️ Mask mandates starting to make a comeback in N.C.
OK, let’s break these down, one by one:
Courts closed for at least 2 days because of Covid outbreak
The Mecklenburg County Courthouse will be closed today and tomorrow “due to an outbreak of Covid-19 among employees,” according to an email circulated to lawyers on Sunday.
It said that five employees tested positive, “a number of others” have reported symptoms, 19 are awaiting test results and 29 are quarantining. Court officials will meet Tuesday to decide if the courts are OK to open on Wednesday, the letter said. The health department advised that “cancellation of court proceedings and closure of the Mecklenburg County Courthouse were necessary to prevent or slow the spread of Covid-19 among court personnel and members of the public.”
Several types of hearings will be moved online. And if you happen to be on the list for jury duty today or tomorrow, you’re in luck: You’re excused.
You can read the full letter on the court’s website.
Events in trouble? Matthews Alive canceled, Garth uncertain
Concern about the increasing spread of Covid is now starting to weigh on event organizers, who have started canceling and re-examining plans for big events in the fall.
Over the weekend, organizers of Matthews Alive, a four-day festival attracting more than 100,000 people over Labor Day, said on Facebook that they are not holding the event for the second year in a row: “The safety, health, and wellness of festival partners and attendees remain a priority for this family-friendly event.” Its presenting sponsor is Novant Health.
In addition, country superstar Garth Brooks said in a statement last week that he is reassessing the remainder of his tour schedule, including a planned stop at Charlotte’s Bank of America Stadium on Sept. 25. He’s still scheduled to play two shows in the Midwest in the coming weeks but wants to take a closer look after that, he said in a statement:
It breaks my heart to see city after city go on sale and then have to ask those sweet people and the venues to reschedule. We have a three-week window coming up where we, as a group, will assess the remainder of the stadium tour this year. It’s humbling to see people put this much faith in you as an artist, and it kills me to think I am letting them down.
The concert has already been postponed several times. When tickets went on sale in 2019, 74,000 were sold in 90 minutes, and the stadium has said it’s the largest paid crowd in the stadium’s history.
Last week, singer Michael Bublé announced that he’s postponing his August concerts because of Covid. His Aug. 17 appearance at the Spectrum Center is now scheduled for Oct. 24.
“It is better for me to reschedule these shows to a time when all of us are confident that we can relax and enjoy the show,” Bublé said in a statement.
CMS sports policy: Charlotte-Mecklenburg Schools said it will allow full capacity at gyms and stadiums for sporting events. At sports played indoors, players, coaches and fans will be required to wear masks, according to a CMS memo shared with The Observer.
Covid numbers update: Cases and hospitalizations up, deaths down to 3 in a week
New figures from the county health department show three more Covid-related deaths in the last week, down from four the week before, as the numbers of confirmed cases and hospitalizations continued to rise.
As we noted last week, with vaccines now widely available, the number of Covid deaths in Mecklenburg has not kept pace with numbers showing the increasing spread of the virus. Weekly death numbers from the health department have been in the single digits since mid-May, even with cases nine times higher and hospitalizations four times higher than they were in late June.
The return of mask mandates
Boone and Durham are reimposing mask mandates, effective this week, citing rising Covid numbers. People are required to wear masks indoors regardless of vaccination status. Mecklenburg health officials have said they’re interested in a similar order but need the concurrence of the county’s small towns to enact a mandate here. State officials say they are focusing on vaccinations, not mask mandates. —TM
Giving Charlotte the Bird (Three)
Behold — there’s a new scooting hitting the streets of Charlotte.
According to a news release that crossed our desk on Friday, Bird has started rolling out the Bird Three, billed as “the world’s most eco-friendly shared scooter.” And Charlotte, it claims, is “one of the first cities in the U.S.” to get its millennial hands on the devices.
“Charlotte residents can be confident” knowing that they’ll “have the safest, smartest riding experience possible” when choosing “to ride a Bird Three to the North End Farmers Market or the next River Jam at the Whitewater Center,” according to the enthusiastically written release from a San Francisco PR agency — whose writer may or may not have ever been to Charlotte and appears not to know that riding a scooter to the Whitewater Center sounds like a long and perilous journey.
New features of the Bird Three include:
dual independent brakes, which “results in a shorter stopping distance” — which sounds perfect for avoiding plowing into packs of pedestrians;
autonomous emergency braking, “the industry’s only active safety technology designed to prevent brake failure,” which we had never considered might have been an issue with earlier models; and
antimicrobial grips, offering “added protection [that] helps keep all riders healthy and safe” — while darting in and out of traffic with no helmets at high speeds in uptown and South End.
Here’s what they look like:
—TM
Related Ledger article:
“Charlotte’s scooters are making a comeback” (Transit Time, June 17)
In brief:
In memoriam: Hoyle Martin, former City Council member and Mecklenburg County commissioner who served in the 1990s, has died at the age of 93. Martin, a Democrat, was perhaps best known for joining Republicans in a 1997 vote to cut county arts funding over “Angels in America,” a play that depicted homosexuality in the 1980s. (Observer)
Contract extension for Hornets coach: The Charlotte Hornets are putting the finishing touches on a multiyear contract extension for coach James Borrego, 43, who had been entering the final year of a four-year deal, sources told ESPN.
River District annexation: The City Council is expected to annex 167 acres west of the airport tonight to clear the way for the first phase of the River District, a development planned by Crescent Communities. The council’s agenda said adding the land to the city would enable “the development of 107 single family units, 860 multi-family units, 388,000 square feet of commercial uses, and 1,219,000 square feet of non-retail commercial uses.”
Tribal marijuana sales: People who are not members of the Eastern Band of Cherokee Indians could still buy marijuana for medical purposes on tribal land, three hours west of Charlotte, if they have proof of a chronic condition through a doctor’s note or health records and receive a medical marijuana card from the tribe. Purchases will be limited to an ounce a day and six ounces a month. The tribe announced plans for medical marijuana last week but has not said when the sales will start. (Observer)
No-bid contract extension for private jets: The Charlotte airport is proposing to extend the lease of the operator of its private and corporate aircraft facility without putting the contract out to bid. An item on the City Council’s meeting agenda says the city’s agreement with Wilson Air Center is set to expire in June 2022 and would ordinarily be put out to bid, but that the airport wants to waive that requirement “based on continuity of service given the special circumstances related to COVID-19.” It’s proposing to add three one-year renewal options in a contract that pays Wilson $250,000 a year plus a percentage of revenues. Some private plane owners complain that the costs at the facility are too high.
2040 Plan commissions forming: The city plans to establish two commissions springing from the 2040 Comprehensive Plan: a 9-member “Equitable Development Commission” charged with advising on infrastructure investments; and a 15-member “Neighborhood Equity and Stabilization Commission” tasked with “reviewing and recommending specific anti-displacement strategies and specific tools for protecting residents of moderate- to high-vulnerability of displacement.”
Fired for Trump T-shirt? A former employee of the Charlotte Regional Visitors Authority alleges in a lawsuit that he was fired from his job in August 2020 after wearing a “Trump” T-shirt and for drinking a beer while he was working from home during the pandemic. He says he worked in the CRVA’s maintenance department and was asked to join a video conference call on his day off. After his presentation, he says he “reached into the fridge and got a beer, and I cracked it and had a couple drinks,” and he was later told he was fired for drinking on the job and for wearing a Trump T-shirt on a video call. A CRVA spokesperson was unable to comment on pending litigation. (WBTV)
Pipeline opposed with baking ingredients: On Friday, a group of about 20 climate change activists uptown protested Bank of America’s and Chase’s underwriting of a bond for an oil pipeline by pouring molasses over their heads. (Observer)
Taking stock
Unless you are a day trader, checking your stocks daily is unhealthy. So how about weekly? How local stocks of note fared last week (through Friday’s close), and year to date:
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Executive editor: Tony Mecia; Managing editor: Cristina Bolling; Contributing editor: Tim Whitmire, CXN Advisory