Senator Seeks to Close NYC Vaccine Mandate Loophole Used by Joe Rogan

The Dirty Water Dogs performed at the Ear Inn on September 20; both performers and attendees had to show proof of vaccination to the bartender for entry

Joe Rogan has campaigned frequently against mandatory COVID vaccines on his podcasts. His own vaccination status is unknown to the public. Despite New York City's mandate on vaccinations in indoor entertainment venues, the former host of the Fear Factor television series performed on stage at Madison Square Garden on October 2. As a non-resident of New York City, Rogan was able to take advantage of a loophole in Mayor Bill de Blasio's Key to NYC vaccination mandate.

Everyone on staff or in the audience in the arena had to be vaccinated, however. The mayor's Key to NYC executive order requires everyone working in or patronizing an indoor dining, entertainment or fitness facility to show proof of COVID vaccination for entry. At some venues, ticket holders who do not show proof of vaccination must show a negative COVID test result within 72 hours. Venues that violate this mandate are subject to escalating fines.

The Indigo Girls at SummerStage in Central Park on September 21; although the venue is entirely outdoors, proof of vaccination was required for entry

Ani DiFranco at SummerStage in Central Park on September 21 

According to documents published by the Counsel to the Mayor of New York City on September, the city's mandate provides for a few exceptions. Performers, athletes and individuals accompanying them require proof of vaccination against COVID-19 only if they are residents of New York City or are regularly employed by the establishment. Hence, unvaccinated non-resident entertainers and athletes and their crew may fulfill a booking engagement and perform on the stage, basketball court or ice rink as long as they wear a mask when they are within six feet of others.

State Senator Brad Hoylman introduced the Fairly Applying Individual Requirements ("FAIR") Vaccine Mandates Act on October 5 to eradicate this loophole. Hoylman's proposed legislation would require out-of-state performers and athletes to adhere to the same vaccine requirements as New Yorkers and prevent unvaccinated performers and professional athletes who reside outside New York City from evading local vaccine requirements. Hoylman's bill could be brought to a vote as early as January, when the state legislature convenes for its next session.

Billy Idol at the Capitol Theatre in Port Chester on September 22; although the concert venue falls out side the city limits, proof of vaccination was required for entry

Liz Cooper at the Capitol Theatre on September 22

Hoylman, who represents parts of Manhattan, posted in social media that the mayor's executive order created a "double standard" that is both "astounding and infuriating." Hoylman claims that the loophole places patrons, venue staff and other performers at risk of contracting COVID-19. He further states that this exemption for out-of-town performers has no policy rationale, creates confusion about local vaccine requirements, and reduces the public's confidence in the city's efforts to increase vaccination rates.

"If New Yorkers attend an entertainment or sporting event they must provide proof of a COVID-19 vaccine," Hoylman said. "New York City grants special privileges to out-of-town anti-vaxxers like Joe Rogan and NBA star Bradley Beal. This loophole puts the health of New Yorkers at risk, so I've introduced the FAIR Vaccines Mandate Act to close it. Our message is simple: Get jabbed or get outta town."

The Bellwether Syndicate at the Red Party at the Bowery Ballroom on September 4; the venue checks customers for vaccination cards before admitting them into the building

The Rosegarden Funeral Party at the Red Party at the Bowery Ballroom on September 4

The NBA announced in June 2021 that 99 percent of its players were vaccinated against COVID-19. The Washington Wizards' Bradley Beal, the Brooklyn Nets' Kyrie Irving, the Orlando Magic's Jonathan Isaac, the Denver Nuggets' Michael Porter Jr., and the Golden State Warriors’ Andrew Wiggins are among the professional basketball players who have spoken publicly about their decisions to refuse or at least delay vaccinations against COVID-19. The league is not requiring its players to be vaccinated in order to participate in the 2021-22 season.

Brooklyn Nets player Kyrie Irving is among the locals who will not be able to access the loophole Rogan used. Even if he should claim non-residency, he falls under the Key to NYC mandate because he is regularly employed in New York City. Irving likely will not be able to enter either Barclays Center or Madison Square Garden this season unless he chooses to get vaccinated.

JD Simo at Mercury Lounge on September 30; security checks for vaccination cards on the sidewalk outside the building

GA-20 at Mercury Lounge on September 30

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The Manhattan Beat covers New York City's live music developments as they happen. All photographs are by Everynight Charley Crespo, except when noted otherwise. For a list of Manhattan venues that are presenting live music regularly, swing the desktop cursor to the right and click on the pop-up tab "Where to Find Live Music." For a listing of upcoming concerts for live audiences, visit The Manhattan Beat's October 2021 calendar.