Ball Arena's First Event With Vaccination And COVID Testing Rules In Place Goes Off With Few Issues

DENVER (CBS4) - The first night of new vaccination or testing rules at Ball Arena came off without delays as workers checked vaccine status and people sorted through their phones and wallets for records and IDs.

"I think it keeps people safe," said Denver Nuggets fan Sarah Meyer.

The checking was in the hands of contractor Highline Medical Solutions.

"We got a call asking if this service is provided and we said, we'll make it work, we'll figure it out," said Highline's Kandace Steadham

There were bound to be some bumps. A teenager called his parents seeking a copy of his vaccine card he didn't realize he needed.

"A lot of people don't read the emails. Fair enough. So it is a little bit of a wake-up call," said Steadham.

One father named Aaron who declined to provide a last name was frustrated when he was stopped along with his unvaccinated 13-year-old daughter.

"They won't let us get in," he related. "I bought a COVID test to take home from King Soopers today and it has two of them in there and we took it and said she was negative."

But workers told them the test would not pass muster.

"Anybody could take that test and just say this is negative. There's no way to prove who took that test really," said the worker.

The test was not dated.

Ball Arena in an email to ticket holders said it would require "Proof of negative COVID-19 test taken 72 hours prior to the event you are attending."

"We will not turn you away, you can go ahead and get a test," said Steadham. But there was a cost. "You test positive, they will refund your ticket and then we will send you home," said Steadham.

The father said he would not pay it and they would go home, but it was unclear whether they did or eventually tested or let in.

The idea of businesses being the ones to create vaccine rules rather than the state or local health departments puts them in an unusual place.

"I would imagine all courts would agree that the policies at issue here are at least a reasonable attempt to promote public policy," said Andrew Schwartz, professor of Law at University of Colorado Law School.

That can give them some protection from lawsuits seeking to flip policies that may be controversial. Whether rules are observed or not however can put the ball in the court of the business.

"The arena could be taking on some sort of responsibility by saying we're going to set these ground rules and then you can trust that these ground rules will be enforced."

It's easy to note people not wearing masks in the arena.

"They're pretty laissez faire in there," said fan Sarah Meyer. "Yeah once you get in your seat I think they kind of look the other way," added Keith Gubat.

Schwartz says in broad strokes, the law is not likely to expect a level of perfection.

"As long as the arena is using reasonable prudence and reasonable care in trying to enforce the rules, that one or two people slip through; that there were some mistakes made, that wouldn't necessarily mean that there would be any liability there."

For a first night, it was a success that there were no long lines. But some people had ideas.

"Like a portal that we could upload our vaccine info to rather than having to stop here. But other than that I don't see an issue with it," said fan Dominique Jones.

Some who used the MyColorado app may have had an easier time accessing their vaccine records. ID is required to prove the vaccine record or test belongs to the person offering it.

Jones said she planned to wear her mask inside for sure, in addition to being vaccinated. She was glad for the new requirement and felt at ease.

"I just think it's a little bit inconvenient. Other than that I think it's good for everybody."