Should Only Vaccinated People Be Allowed to Use the Gym?

The Four Percent


Q: My co-op’s gym has been closed since last March. The board recently decided to reopen the gym for those shareholders who are fully vaccinated against Covid-19. All others are still prohibited from using the gym. Is this legal?

A: Your board’s new rule may be discriminatory, and it certainly doesn’t make much sense. The vaccine isn’t universally available yet — as of March 26, 15 percent of adult New Yorkers were fully vaccinated. So the rule most likely excludes a majority of the building’s residents, many of whom are awaiting access. Even when the shot becomes readily available, there will still be people who don’t want to take it for health or religious reasons. Does the board really want to be in the position of policing the private medical and religious decisions of its residents?

“While I’m all in favor of getting people back to the gym, there could be some issues with this rule,” said Steven D. Sladkus, a real estate lawyer and partner in the Manhattan firm Schwartz Sladkus Reich Greenberg Atlas. “Vaccinations are not mandatory, that’s number one. Number two, if you have a medical condition and can’t take the vaccine, then you may have an issue with someone saying, ‘Now wait a minute, you’re holding a medical condition against me, and that’s discriminatory.’”



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