TOLEDO, Ohio — As COVID-19 cases are rising due to the delta variant and masking indoors is becoming the norm again, some may worry about going inside places where social distancing isn't that easy.
If you're feeling uncomfortable about being around people who may not be vaccinated, can you legally ask someone if they're vaccinated?
Local attorney Jerome Phillips of Wittenberg and Phillips said not only is it legal to ask, it also doesn't violate HIPPA, the federal statute that protects your health privacy.
"It doesn't violate HIPPA because you're asking the question and the person that has the information is the one that's responding. You're not giving the information to anyone else, any privileged information," said Phillips.
So if it's totally legal to ask someone, how can you do it appropriately without offending them?
Phillips said you have to find a way to enter it into the conversation without being confrontational about it. Since people have such strong views of these things, you have to work it in.
"What you try to do is in the most polite way you can think, under the circumstances you find yourself in, 'may I ask, were you vaccinated? I have some concerns about my health and I'll put my mask on if you weren't,"' said Phillips.
Now what's illegal is creating fake vaccination cards. Phillips said this is a violation of federal law because it has a CDC mark on the card.
"It's not really the question of asking; it's under what circumstances the ask is made and under what circumstances presentation of the claim of vaccination is made," said Phillips.
So while it may be awkward, it's totally legal to ask someone if they're vaccinated; but Phillips said it's important to know you can't force somebody to answer.