By Michael J. Ash, Esq., CRE

On January 13, the United States Supreme Court rejected an emergency mandate implemented by the Occupational Safety and Health Administration (OSHA) requiring all workers at businesses with 100 or more employees to get COVID-19 vaccinations.  The emergency measure also required weekly COVID-19 testing for the unvaccinated and workplace mask protocols.

This decision, while timely and seemingly political, is the latest decision from the high court limiting the power of administrative agencies and narrowing the legislative scope of the federal government.  The opinion does not take any position as to the efficacy of COVID-19 vaccines or other public health measures, but rather, addresses interpretation of the role of the administrative body.  Essentially, the Court opined that OSHA does not have the express delegation of authority from Congress to enact protocols related to a public health emergency.  The holding of the majority opinion addressed this point, “Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly.” Furthermore, “requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the court wrote.

This opinion should not be read to limit employer’s ability to regulate COVID-19 safety in the workplace including vaccine status and other protocols.

Michael J. Ash, Eq., CRE, is partner with Carlin & Ward.

By Sylvia Martinez-Mullally, MPA

We’re speeding back up to a fast-paced world with plenty of distractions. Back to the politics of parking, putting out fires, and making sure everyone is okay. It’s been a time for reflection, reprioritizing, and, hopefully, slowing down to put yourself first. Yes, I said it!

With the slowdown of the past year, many aren’t returning to their jobs—not picking up where they left off, but just plain leaving! People were able to take a step back and question the value of their work and work life. Sometimes those lines can be blurred.
Are you back to working overtime, rushing to create change, or never letting a good crisis go to waste? Sound familiar? In parking and mobility, it’s often a slow, long road to decision-making, and then, of course, the quick reaction, and then the art of execution.

It may be a good time to consider the benefits of slowing down. It’s good for our personal lives—why not in our parking lives? If you’re “parking for life” and already back to normal at work, chances are you may be stepping back and evaluating more, perhaps doing things differently.

Keep doing things differently, be mindful. Don’t let the distractions keep you from your purpose. Just like driving distractions, never take your eyes off the road. We’ve got all these new emerging technologies but make sure you know what the immediate goal is. Never take your hands off the wheel. Outline the best policies and execute them. Lastly, don’t get too distracted by looking too far down the road. Focus on what is around you now and slow down. Cheers to the resilient parking community and to focusing on what really matters! Happy New Year!

Sylvia Martinez-Mullally, MPA, is founder of Rockstar Parking Technology Group, distribution partner with Peazy, Parking AI, data & analytics, and a member of IPMI’s Research & Innovation Task Force.