this is not enforcing vaccination it is denying services based on vaccination status. i think there is a distinction. like what if a state decided to make the franchise dependent on whether your were vaccinated or not in order to 'encourage' people to vaccinate similar to how they are trying to deny people access to indoor dining in order to 'encourage' people to vaccinate. i'm sure that would be challenged under the civil rights act. the key thing here is that if they wanted to increase vaccination rates it could be done in a more direct and narrow way like enforcing people to get vaccinated rather than doing it indirectly.
also, this case was not about the whether it was a breach of the civil rights act which is what i contend this law violates. in fact, the civil rights act was established after this case so it couldn't possibly have factored into the decision.
Reminds me when in California they shut off the water to someone's house when they had a party during lockdown. [1]
They knew arresting them wouldn't work, so instead they went with what they thought was more of legal grey area, just shut off their access to water. They're not forcing you to get vaccinated you see, you could obviously just buy bottled water!
The New York rules are less restrictive than Jacobson v. Massachusetts. Jacobson v. Massachusetts actually forced people to get a smallpox vaccine, this is about getting into Fudruckers and Planet Fitness.
The Supreme Court found, 7-2, that it was not a 14th Amendment civil rights violation to have compulsory vaccination and that police powers extended to protecting public health.
also, this case was not about the whether it was a breach of the civil rights act which is what i contend this law violates. in fact, the civil rights act was established after this case so it couldn't possibly have factored into the decision.