Less than one week into LA’s SafePass proof of vaccine requirements for businesses went into effect, the Los Angeles City Council (the “Council”) voted 10-0 to remove malls and shopping centers as covered businesses. Mall operators have pointed to the difficult of enforcing the ordinance because malls and shopping centers have so many different points of entry. It remains unclear when the revisions to the ordinance will go into effect. Malls and shopping centers remain covered businesses under the ordinance until the language is formally changed, but the ordinance is not being enforced with penalties until November 29.

It is likely that even after malls and shopping centers are no longer covered businesses under the SafePass ordinance, restaurants and food courts within malls will remain covered businesses and be required to ask customers for proof-of-vaccine. The Council also voted to clarify that the ordinance only applies to individuals 12 and older, rather than any individual eligible for the vaccine.

SafePassLA went into effect on November 8 and is one of the strictest proof-of-vaccine requirements in the United States. The Council may continue to change the program before formal enforcement penalties go into effect on November 29.