The rollout of the COVID-19 vaccine mandate across New York City restaurants Tuesday has sparked an instant backlash, with business owners branding the move 'segregation' and confused customers finding themselves turned away from eateries.
Mayor Bill de Blasio's controversial 'Key to NYC' scheme officially kicked off August 17, marking the US's strictest rule to date which separates the vaccinated and the unvaccinated in day-to-day life.
And it is restaurant servers and bar staff who must be the public enforcers of the mayor's new mandate.
Under the rules, anyone aged 12 and older must now show proof of vaccination to dine indoors in New York City's restaurants. If a customer fails to show their vaccine passport, they can only dine outdoors.
Restaurants have until September 13 to get up to speed with the rules, after which time they will be faced with city inspections and slapped with hefty fines if they fail to comply.
While the mayor has touted the mandate as a way of returning to normal life and said it will push more New Yorkers to take the shot, the program places yet another COVID-19 restriction on the city's hard-hit restaurants and bars.
The hospitality industry was hammered during the pandemic, with grueling restrictions and indoor dining shuttered for almost all of 2020 - even while other industries and businesses were allowed to reopen.
At least 1,000 restaurants and bars have permanently shuttered in the Big Apple since March 2020 when the virus first ground the industry to a halt.
Now, for restaurant owners that managed to keep their businesses afloat, the new mandate is a cause of major debate.
Some business owners have raised concerns about the mandate being discriminatory and un-American, about the rollout of fake vaccine cards, and about restaurant staff having to bear the brunt of potential customers' outrage over the new rule - not to mention what it could do to business if restaurants must turn away customers and in turn money.
Meanwhile, others have welcomed the move as the best way to keep people safe and avoid further shutdowns and were already requiring proof of vaccination for staff and customers before the city announced a wider rule.
A Katz's Deli employee checks proof of vaccination from customer looking to eat at the legendary Lower East Side restaurant Tuesday, the first day of the city's stricter rules
A member of staff checks patrons proof of vaccine at Rafele restaurant in West Village
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De Blasio has insisted the new rule is 'easy' and 'all you have to do is show proof of vaccination' but on day one of the rule, both staff and patrons appeared to be unaware of or confused about the new rule in some eateries.
The Stop Inn, a Queens diner, was prepared, plastering the Key to NYC posters on its front door and window Tuesday to warn patrons arriving for breakfast that they had to show proof of at least one vaccine shot to be allowed to dine inside.
However, Norbu Lama, 17, said he was surprised when a server politely asked for his vaccination card soon after he slid into a booth with his parents and younger sister.
'We didn't know we had to bring it,' he said. The server appeared relieved when Lama and his family presented copies of their vaccination cards on their phone, Lama said.
The mandate requires anyone 12 and older to show proof they have received at least one dose of a COVID-19 vaccine to dine indoors at restaurants, catering halls, event spaces, hotel banquet rooms, bars, nightclubs, cafeterias, grocery stores with indoor dining, coffee shops and fast food joints.
Workers at these locations are also required to be vaccinated.
Unvaccinated patrons can still dine in the outdoor dining areas of restaurants.
The mandate also applies to other indoor social settings including gyms, fitness centers, indoor pools, movie theaters, music and concert venues, museums, indoor stadiums and arenas, convention centers, bowling alleys and indoor play areas.
Office buildings and community and senior centers are not included.
To date, 74 percent of adults in New York City have received at least one dose of the vaccine.
Tucker Carlson hit out at the mandate on his show Tuesday night claiming 'you’re no longer allowed to walk indoors, even on private property, unless you've taken a COVID shot and carry the documents to prove that you have'
Avner Balkany, 56, shows his vaccination card while waiting to enter the Museum of Modern Art. He said he was unaware of the city's new vaccination rules but would have nevertheless been prepared to show proof that he was vaccinated
Visitors to city's museums such as Madame Tussauds in Times Square flash image of their vaccination cards on their phone
This means almost a quarter of New York adults will no longer be able to enjoy many indoor activities.
To prove proof of vaccination, customers can show their paper vaccine card - or a photo of it - or use an app such as the Excelsior Pass.
No exemptions based on medical or religious grounds are cited on the city's website and FAQs about the initiative.
Bizarrely, however, a singer or other performer entertaining a crowd live inside a restaurant does not need to provide proof of vaccination unless they are residents of New York City or they are employees of the Key to NYC establishment.
The confusion over the mandate also appears to extend to the mayor's office, with Tucker Carlson saying the city's helpline has been inundated with calls from confused staff and patrons, with the operators unable to answer questions on the rules.
Carlson hit out at the mandate on his show Tuesday night claiming 'you’re no longer allowed to walk indoors, even on private property, unless you've taken a COVID shot and carry the documents to prove that you have.'
'This rule does not allow for exemptions, period. Not for religious reasons, because religion is stupid, worshiping Bill de Blasio is our new state religion,' said the Fox News' host.
'And not for medical reasons, because Bill de Blasio is now your doctor and he’ll decide what is necessary.
'So we asked City Hall in New York to see if we were missing something. They couldn’t answer the question, but told us that people who had concerns can contact the city’s Small Business Hotline for more information, so, like morons, we did that. We followed instructions.
'The operator on the hotline told us they’ve been inundated with hundreds of calls from people asking the same question, but they didn't have the answer. Sorry. It’s a mystery.'
A sign posted on Ivan Ramen restaurant's window on the Lower East Side says all customers over the age of 12 must show proof of vaccination to dine indoors per NYC's new mandate
Announcements encouraging people to get vaccinated against COVID are posted at Grand Central Station and other city hubs
Carlson added that he later learned from City Hall that 'businesses can't allow unvaccinated customers indoors for "anything beyond a quick and limited purpose."'
Carlson compared the mandate to the controversies surrounding voter ID laws being introduced in some states and said it will also disproportionately affect communities of color, where vaccine uptake is lower.
'Wait a minute. Weren’t we told it’s racist to require ID for voting, but now it’s not racist to require ID for people to go inside of buildings in our largest city?' he said.
'So what does this mean for the 72 percent of young African Americans who are not vaccinated? They’re not going to be able to go anywhere.
'So this policy, by the principles of equity, has a disparate impact. That’s the phrase they use to describe racism in action. It affects some groups more profoundly than others. And the group most affected by this is young African Americans.
'So how can it stand? Where’s the civil rights division of the Justice Department? Aren’t they jumping on this? It’s worse than a standardized test.'
Some New York City restaurant owners have echoed these concerns about the mandate being discriminatory, with one diner owner saying that banning unvaccinated customers from eating indoors is discriminatory and is no different to banning people because they are black, Muslim or gay.
A New York City diner owner has blasted Mayor Bill de Blasio's new vaccine mandate. Mary Josephine Generoso, manager of pastry shop and diner Pasticceria Rocco in Bay Ridge, Brooklyn, stands in front of her store sign
Generoso (seen inside Rocco's) said banning unvaccinated customers from eating indoors is discriminatory and is no different to banning people because they are black, Muslim or gay
Generoso vowed to ignore the mandate and has erected a huge sign in Rocco's front window welcoming all customers to dine inside - regardless of their vaccination status
Mary Josephine Generoso, manager of pastry shop and diner Pasticceria Rocco in Bay Ridge, Brooklyn, told DailyMail.com the city is 'segregating people' with its new proof of vaccination requirement and warned it is a step back in time before the civil rights movement.
'It's discriminatory - the mayor and the city of New York is asking us to segregate based on vaccine status,' she said.
'To put up a sign saying only vaccinated people can enter is segregating people.
'It would be like changing the words vaccinated and unvaccinated to black and white, or Muslim and Catholic, or gay or heterosexual.
'De is segregating people - it's the same as him saying you can't let a gay person in your business.'
Generoso vowed to ignore the mandate and has erected a huge sign in Rocco's front window welcoming all customers to dine inside - regardless of their vaccination status.
'We do not discriminate against any customer based on sex, gender, race, creed, age, vaccinated or unvaccinated. All customers who wish to patronize are welcome,' the sign reads.
Generoso told DailyMail.com she believes the mayor is creating a divide between New Yorkers based on their vaccination status.
'We are way past the civil rights era where we segregate people,' she said.
'I thought that was behind us but now the mayor is asking us to segregate people and is making a new class of people based on the vaccinated and unvaccinated.'
She warned that people should learn from history the dangers of rolling out such 'discriminatory' practices.
'If people can't see this is discrimination they should read history,' she said. 'This is not America.'
Generoso hit out at de Blasio's claims that the mandate will get the city back on its feet and leave New Yorkers more confident they can dine out safely.
'He said he is unlocking the city of New York. I think he's closing New York,' she said.
Instead, the mandate creates a 'whole host of problems', she said, and is effectively stopping families from going about their lives together.
She gave the example of a family with unvaccinated children aged six and 13.
Children aged 12 and over are now eligible for the COVID-19 vaccine and officials are urging parents to ensure they have taken the shot before returning to school this month.
Under de Blasio's rules, the 13-year-old will be denied entry to sit inside a restaurant whereas the six-year-old can eat inside with vaccinated adults.
'What if a parent is not ready to vaccinate their 13-year-old?' Generoso asked.
'You're now telling people they can't come to a restaurant and sit down as a family anymore.
'You can't take your child to a ball game anymore or go to the indoor area of a Yankees game.'
Generoso said she disagrees with the opinion of many restaurant bosses who think the new mandate is a positive thing that will help keep staff and customers safe, because COVID-19 is also spreading among the vaccinated.
'The CDC says COVID-19 is still transmissible among vaccinated people so I don't see the difference between vaccinated and unvaccinated people,' she said.
Stratis Morfogen, owner of the Brooklyn Chop House and the Brooklyn Dumpling Shop, echoed Generoso's concerns telling the New York Post the mandate is 'against our constitutional rights and everything we stand for' and likened it to Nazi Germany.
'What are we, the police? Asking our diners to 'Show us ze papers,' like in Nazi Germany?' he said.
Morfogen also pointed to the proliferation of fake vaccine cards which he said sell for around $100 on the black market.
Federal officials have seized thousands of fake vaccine cards so far this year and Chuck Schumer, Senate Majority Leader and a New York Democrat, has called for a clampdown on counterfeit cards.
Morfogen described the whole thing as a 'political sham' adding that 'twelve-year-olds can copy it.'
However, other restaurant industry insiders welcome New York City's new rule.
Andrew Rigie, executive director of the NYC Hospitality Alliance, told DailyMail.com that requiring vaccine status an 'essential step' to protecting both staff and customers.
'Keeping hospitality workers and customers safe from COVID-19 is an essential step toward protecting public health and preventing harsher restrictions that many restaurants and bars would not survive,' he said.
'We support the City's efforts to get more New Yorkers vaccinated and we are already helping restaurants across the five boroughs comply with the new requirements.'
However, Rigie said the city needs to train and support restaurants in how to deal with these new policies.
'The City's outreach needs to target education and training for establishments to implement these policies, as they pose operational and economic challenges for understaffed restaurants, bars, and nightclubs struggling to recover,' he said.
'In return for industry businesses playing an extraordinary role in moving New York City forward with this vaccine requirement, City and State governments must support them and the Federal government must replenish the Restaurant Revitalization Fund.'
Some major restaurant groups had already introduced vaccine mandates for staff and patrons before the city announced its own rule on August 3.
Danny Meyer, who is one of the Big Apple's most renowned restaurateurs, announced on July 29 that all staff at his NYC and Washington DC restaurants must be vaccinated by September 7.
Workers have 45 days to get the shot or find a new job, he said.
All customers who want to eat or drink inside the group's various restaurants must also show proof of vaccination.
The Union Square Hospitality Group includes famed NYC spots such as Gramercy Tavern, The Modern and Union Square Cafe.
Three Michelin-starred Manhattan restaurant Le Bernardin also led the charge, introducing its own mandate ahead of the city.
Renowned chef and owner Eric Ripert faced some backlash on social media after announcing the move but has insisted it is what customers want.
Border Patrol agents seize thousands of fake COVID vaccine cards shipped from China flooding into US cities
Fake vaccination cards shipped from China and disguised as greeting cards have flooded into the U.S. as cities begin to impose new restrictions against those who are not vaccinated.
US Customs and Border Protection agents seized more than 3,000 of the bogus cards mailed from China to New Orleans on Aug. 13.
The agency was on the lookout for the fake cards after monitoring a shipping hub in Memphis, Tennessee, where at least 15 parcels carrying the counterfeit papers were sent, The Washington Post reported.
'If you do not wish to receive a vaccine, that is your decision. But don't order a counterfeit, waste my officer's time, break the law, and misrepresent yourself,' Michael Neipert, CBP area port director of Memphis, said in a statement.
The US Customs and Border Protection has caught more than 3,000 fake COVID-19 vaccine cards going through a central shipping hub in Memphis, Tennessee
The cards often have spelling errors and improper Spanish translations on the back. Officials say the shipments come from China and are bound for cities across the US
The shipments were described as 'Paper Greeting Cards/Use For-Greeting Card,' or 'PAPER PAPER CARD' and were always from China, CBP officials said. They are filled with misspellings and improper translations.
In a statement, the agency added that 'This was not the first time they had seen this shipper,' noting the fake cards were being transported inside a non-CDC or medical vehicle.
The demand for fake cards comes amid stricter rules being implemented by cities around the country as the Delta variant is sparking a resurgence of COVID cases.
On Monday, New Orleans residents needed to provide proof of vaccination or negative COVID test results to enter bars, restaurants, music halls, the Superdome, casinos and other indoor facilities starting, with full enforcement beginning on Aug, 23.
New York and Los Angeles will require residents to have at least one shot before entering indoor restaurants, gyms and entertainment businesses
But LA will take it one step further and include 'retail establishments.'
San Francisco's mandate is even more stringent, insisting full vaccination - not just one dose - for customers and employees at restaurants, gyms and other indoor venues.
No city has given a clear indication on how the mandates will be enforced.
Some of the most populous cities in the US have begun issuing mandates to exclude the unvaccinated from indoor venues. It is unclear how they will be enforced
More signs like these have sprung up in New Orleans, informing customers that they need to present vaccine cards to enter the restaurants
A face vaccine card versus a real, government issued card. The counterfeits are very similar, but can sometimes have spelling errors or missing information, such as the date
Last week, New York's Attorney General Letitia James issued a warning that anyone caught using fake vaccine cards would face criminal charges.
'As the Delta variant becomes more prominent, it is more important than ever for New Yorkers to be vaccinated against COVID-19.
'Not only do fake and fraudulently-completed vaccination cards violate federal and state laws and the public trust, but they also put the health of our communities at risk and potentially prolong this public health crisis.'
On Sunday, New York Senator Chuck Schumer called for a federal crackdown on face vaccine cards, demanding the CBP and FBI partner with the Department of Health and Human Services to start to put an end to the counterfeits, CBS reports.
The unauthorized use of these cards, which have seals of an official government agency, is a federal crime that carries a maximum of five years in prison.
The FBI first issued a statement about fake vaccination cards in March.
Most are being sold on Telegram, an encrypted site that is favored among people who don't trust typical Silicon Valley giants like Facebook and Twitter.
On Telegram, people can buy vaccine cards that are approved by the CDC or NHS from anywhere between $25 and $400, The Associated Press reports.
Even cities without mandates have seen a frenzy of residents looking to get their hands on fake vaccine cards.
On Telegram, a group called 'Texas Vaccination Card CDC' has more than 4,000 members interested in buying fake cards and fit-to-fly certificates from anonymous sellers, Kxan, an NBC affiliate, reports.
Another group called 'Fake Vaccine Cards,' has 73,122 members.
'Watch out and stay away from the vaccine its poisonous,' one seller wrote on the website. 'Get your cards without taking the vaccine and stay safe.'
Twitter and Facebook are controlling searches for it by directing anyone who searches 'vaccine card' to official government websites.
Norbert Chung and his son Trevor Chung were both arrested on Sunday, Aug. 8, at the Daniel K. Inouye International Airport after arriving with fake vaccine cards to vacation
Todd Anderson, a bar owner in California, was arrested for selling cards like these earlier this year which he filled out
Anderson, the owner of the Old Corner Saloon bar in Clements, California, now faces federal charges
Higher learning institutions are also worried about their students using fake cards as at least 675 colleges and universities will require proof of COVID vaccines to attend classes.
'As with anything that potentially requires a certification, there is the possibility for an individual to falsify documentation,' said Michael Uhlenkamp, a spokesman for the chancellor's office at California State University. The school system, which is the largest in the nation, oversees about 486,000 students each year on 23 campuses.
Benjamin Mason Meier, a professor at the University of North Carolina at Chapel Hill, questioned how institutions can verify the current vaccine cards.
'The United States, unlike most countries which have electronic systems in place, is basing its vaccination on a flimsy paper card,' he told The AP.
Meier added that he spoke with several students who knew a fellow student who had submitted a fake card to the university.
'There need to be policies in place for accountability to make sure that every student is operating in the collective interest of the entire campus,' he said.
