Cairns business owners consider legal action against vax mandate

Pro-vaccine-choice Cairns business owners locked out of their own workplaces are looking at legal action to stave off shop closures following the latest double jab for entry restrictions.

Peter Carruthers

@petercarruther1

2 min read

November 13, 2021 - 6:00AM

The Cairns Post

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Pro-vaccine-choice Cairns business owners locked out of their own workplaces are looking at legal action to stave off shop closures following the latest Covid mandate that requires all cafe visitors to be double jabbed by mid-December.

Earlier the week Premier Annastacia Palaszczuk announced only the fully vaccinated can enter pubs, clubs, cafes, restaurants, cinemas, theatres, music festivals and stadiums from December 17.

The directive for unvaccinated owner of Snoogies Health Bar Aron Bradshaw could spell a heartbreaking end to his popular business that’s taken almost two decades to build.

“It’s really heavy,” he said.

“It’s just completely disproportionate. If people were dropping dead on the streets and the hospital system was clogged up, I’d go ‘yeah, maybe,” but that hasn’t happened.”

Mr Bradshaw as a health food advocate said the mandate wouldn’t influence his decision to abstain from getting the jab.

“This is completely against my whole ethos,” he said.

“I trust what I do with nature. I know how to deal with my body and politicians saying that I need to do this with my body to protect other people is not right.

“Worst case scenario is we get kicked out and I’ll look to invest my money somewhere else.”

The Snoogies owner said already there had been discussion about launching a legal battle to challenge the mandate.

“I will try and fight it as best I can,” he said.

“We’re gathering with businesses of like mind and we’re in the process of getting a class action together and employing a lawyer and going through the court system.”

Anti-vaccination protesters marching and protesting in Cairns. Picture: Stewart McLean

Once new rules come into force owners of non-essential business must take “reasonable steps” to enforce the restrictions in place but the onus will be on the person entering the facility to show proof of their vaccination status.

Another exasperated owner of a popular Cairns city eatery remained defiant and said he would close the shop before getting vaccinated.

A Queensland Health spokesman said the mandate was aimed at ensuring the hospital system was not overwhelmed when borders open.

“And not penalise vaccinated people for the choices of others to remain unvaccinated,” he said.

“This is not unique to Queensland – New South Wales and Victoria both have strict restrictions on what unvaccinated people can do.

A Freedom Rally was held on the Esplanade north of Muddy's in August before around 700 supporters marched down the Esplanade and past the children's playground, down to the lagoon and back. We Stand For Freedom committee member Paul Christie rallied the supporters at the lagoon. PICTURE: Brendan Radke

“Restricted businesses have a higher risk of transmission, where there are people at higher risk if they contract Covid, or settings where contact tracing can be difficult.”

The owner of another CBD business who asked not to be named said the new rules were unjust.

“It’s very unfair and people may have to walk away from their own business because of their personal choices,” she said.

Businesses cannot apply for an exemption and the state government is currently “working through” how vaccination exemptions will apply to the new Covid restrictions.

“Individuals can apply for an exemption if they cannot be vaccinated for genuine medical reasons (but) this applies to very few people,” the spokesman said.