Vaccination promotion dropped after potentially running afoul of new state law

A push to boost vaccination numbers in Lincoln County backfired last week when officials determined the effort may violate a new state law meant to bar vaccine requirements.

In their latest campaign to promote pandemic-related recommendations, volunteers with Team 56, a local public health group, launched a prize drawing contest for locals who had received doses of the coronavirus vaccine. Similar to lottery campaigns organized in other states, the effort was aimed at incentivizing county residents to immunize themselves from the virus.

“We were hoping to do it as something fun to be a thank you for someone who cares about their neighbors,” said Susie Rice, an organizer with Team 56.

While the group planned to kick off the event in Libby and Troy Public Schools, Rice said Team 56 expected to expand the program by partnering with other local organizations.

Libby Superintendent Ron Goodman said administrators initially promoted the drawing at the Libby Middle High School. Soon after unveiling the contest, however, school officials learned from Debra Silk, associate executive director of the Montana School Board Association, that the effort could run afoul of a recently enacted state law.

The legislation, signed by Gov. Greg Gianforte on May 7, restricts government agencies and private businesses, under most circumstances, from requesting and acting on a person’s vaccination status.

Goodman said Silk was unsure if the district was breaking the new law since it was only promoting the drawing. The only way to be sure would be to go to court, an outcome administrators wanted to avoid at all costs.

Officials with the state Office of Public Instruction did not immediately return requests for comment on the legality of the drawing.

Goodman said the district stopped promoting the program May 21. Ruth VanWorth Rogers, principal of the middle high school, said administrators made only three announcements over the intercom before calling off the drawing at the school.

“We’re just backing away,” said Goodman during a May 24 interview. “We certainly don’t want to violate any state laws.”

Jacob Francom, superintendent of Troy Public School District, said administrators were approached by Team 56 about the drawing, but did not promote the contest.

After school officials abandoned the campaign, volunteers with Team 56 canceled the drawing. Before launching the program, Rice said she was unaware the campaign could violate the recent ban on vaccine restrictions.

Supporters of House Bill 702 touted the legislation as a means to protect unvaccinated residents from invasions of privacy and discrimination.

“Your healthcare decisions are private, they are protected by the Constitution of Montana,” said state Rep. Jennifer Carlson (R-Manhattan), sponsor of the bill, before the House Judiciary Committee.

Carlson said legislators designed the bill to prohibit public and private entities from restricting goods, services and employment to people who are not vaccinated. In addition to keeping businesses from mandating their employees be vaccinated, Carlson told fellow lawmakers she envisioned the bill preventing government agencies from withholding foster care, food stamps and aid to families with dependent children.

Under the bill, public schools may still require student’s immunization records. Montana, like all other states, has immunization laws that require students to receive certain vaccines to attend schools. Polio, hepatitis B and chickenpox are among the required vaccines listed by the state Department of Public Health and Human Services. Families may get around the requirements, however, by applying for medical or religious exemptions, according to the Centers for Disease Control and Prevention.

By contrast with the tack taken by Montana lawmakers, some state governments are working to incentivize vaccination by organizing programs similar to Team 56’s drawing contest.

Ohio Gov. Mike DeWine, a Republican, announced that almost 2.8 million residents had signed up for the state’s Vax-a-Million program as of May 24. Participants in the lottery can win either a $1 million prize or a full-ride college scholarship by getting vaccinated. Maryland, New York and West Virginia are among other states that have followed Ohio’s lead and established lottery-style programs.

In hopes of bringing the country closer to herd immunity, federal officials lent their support for vaccine incentive programs earlier this week. Andy Slavitt, the senior advisor for the White House’s coronavirus response, announced on May 25 that state governments could use funds from the American Rescue Plan to set up lotteries and other financial incentives for vaccination.