Saving Ohio U
When alumni talk about OU we like to mention the great things we remember. The friends you meet, the times you have, the things you learn and explore. It’s hard not to hear about the infamous Halloween block party, which has now tragically been cancelled 2 years in a row. Missing out on the fun is one thing, being discriminated against and held out from class is another. Ohio’s mandates haven’t just failed to prevent spread and protect students, they have caused more harm than good. Alumni, Students, and Staff at Ohio University have stepped up to fight back against the illegal and anti-science mandates.
ABOUT THE LAWSUIT
The lawsuit includes 4 claims against Ohio University: Declaratory Relief, Lack of Authority, Discrimination, Violation of Ohio’s Constitution, Coercion, and Injunctive relief to stop the vaccine, masking, and testing mandates and make them optional.
Claim 1: Lack Of Authority
We the students argue Ohio University lacks authority, by reason of R.C. 3709.212 and Ohio case law, to order those who are not diagnosed with a disease or have not come into direct contact with someone who has been diagnosed with a disease, to wear masks, undergo weekly testing, or to limit their activities.
According to OU Interim Policy 44.102 while inside “unvaccinated individuals are required to maintain a distance of at least six feet from others who are not members of their household.”
According to OU Interim Policy 44.102 “Any student, faculty, or staff member who lives on or off campus and experiences any of the following should isolate and must follow ALL the steps in the relevant section of the OHIO COVID-19 Protocol: Positive, Symptomatic, or Exposed: Is in close contact with someone who has tested positive for COVID-19 and is not vaccinated (exposed)”
According to OU Interim Policy 44.102 “ All OHIO students, faculty, and staff are required to choose a pathway as part of the COVID-19 Testing Pathway Program.
- Those individuals who are fully vaccinated are not required to participate in weekly asymptomatic testing if they select the Vaccination Pathway and provide proof of COVID-19 vaccination, unless testing is warranted due to changing public health conditions.
- Those individuals who select the Weekly Testing Pathway or who have not yet selected a Pathway must test weekly unless a different testing cadence is determined based on campus epidemiology or guidance from the local health department, Ohio Department of Health, or the CDC.”
Claim 2: Discrimination
Under R.C. 3792.04, a state institution of higher education may not discriminate between an unvaccinated individual and one who has received a Covid-19 vaccine that is not fully approved by the FDA by requiring the unvaccinated individual to engage in or refrain from engaging in activities or precautions that differ from the activities or precautions of an individual who have received vaccines that are not fully approved by the FDA.
According to Ohio University: “While students who fail to complete their vaccination or receive exemption approval may complete the fall semester, all students must be vaccinated or granted an exemption in order to participate in any spring semester in-person activities, including face-to-face instruction and residence life, at any location. New enrollees will be subject to the same vaccination requirements in order to participate in in-person classes, live in university residence halls or otherwise take part in in-person activities.” This is blatant discrimination.
The Covid-19 vaccines that are currently available to be taken, Johnson & Johnson, Moderna and Pfizer, have been authorized for emergency use only (the “EUA vaccines”) and have not been fully approved by the FDA. On information and belief, COMIRNATY, the only Covid19 vaccine that has been fully approved by the FDA, is not currently available in the United States.
According To Ohio Universitiy’s Vaccine Info Page Ohio University recognizes the following vaccines under this policy:
- Pfizer (two dose)
- Johnson & Johnson/Janssen (one dose)
- Moderna (two dose)
- Vaccines currently approved under a WHO Emergency Use Listing (EUL)
According to the FDA: “On December 11, 2020, the U.S. Food and Drug Administration issued the first emergency use authorization (EUA) for Pfizer-BioNTech COVID-19 Vaccine for the prevention of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in individuals 16 years of age and older. On May 10, 2021, the FDA expanded the emergency use authorization for the Pfizer-BioNTech COVID-19 Vaccine to include adolescents 12 through 15 years of age. On September 22, 2021, the FDA authorized the vaccine for emergency use to allow for a single booster dose administered at least 6 months after completion of the vaccination primary series in certain populations. The emergency use authorization allows the Pfizer-BioNTech COVID-19 Vaccine to be distributed in the U.S.
On August 23, 2021, the FDA approved the first COVID-19 vaccine. The vaccine has been known as the Pfizer-BioNTech COVID-19 Vaccine, and is now marketed as Comirnaty, for the prevention of COVID-19 caused by SARS-CoV-2 in individuals 16 years of age and older. Comirnaty has the same formulation as Pfizer-BioNTech COVID-19 Vaccine that continues to be available under emergency use authorization for the two-dose primary series in individuals 12 years of age and older and as a the third primary series dose for individuals 12 years of age and older who have been determined to have certain kinds of immunocompromise. For all information about Comirnaty, please refer to its product page and frequently asked questions.”
The FDA EXPLICITY STATES “Pfizer-BioNTech COVID-19 Vaccine that continues to be available under emergency use authorization for the two-dose primary series in individuals 12 years of age and older and as a the third primary series dose for individuals 12 years of age and older who have been determined to have certain kinds of immunocompromise.” Clearly Indicating a difference between the approved and marketed Comirnaty vaccine and the Pfizer-BioNTech COVID-19 Vaccine that the FDA explicitly states again is “under emergency use authorization.” FDA and Science deniers may find fact checks from corporate media entities claiming this is false. So lets look at the Comirnaty product page for more information as recommended by the FDA.
Pfizer’s own webpage for the Comirnaty vaccine also explicitly states “The Products are legally distinct, with certain differences”
According to Robert Malone, MD, inventor of the mRNA technology used in the Pfizer/BioNTech and Moderna/NIAID COVID biologics:
“[Comirnaty] is absolutely not available. So the little trick that they have done here, is [the U.S. Food and Drug Administration] issued two separate letters for two separate vaccines. The Pfizer vaccine, which is what currently available is still under Emergency Use Authorization…
The product that’s licensed [by the FDA] is the BioNTech product, which is substantially similar but not necessarily identical. It’s called Comirnaty. And it’s not yet available. They haven’t started manufacturing it or labeling it.”
On August 23rd a Pfizer representative also explicitly stated the Pfizer-BioNTech COVID-19 Vaccine is “EUA authorized” and that “The Pfizer-BioNTech COVID-19 EUA labeled product will still be shipped” The Pfizer representative said:
“The FDA-approved COMIRNATY (COVID-19 Vaccine, mRNA) and the EUA authorized Pfizer-BioNTech COVID-19 Vaccine have the same formulation and can be used interchangeably to provide the COVID-19 vaccination series. The Pfizer-BioNTech COVID-19 EUA labeled product will still be shipped and usable until its expiry date, as long as authorized frozen storage conditions have been maintained.
The manufacturing process does not change — and as such, we foresee no delays in shipments as a result of this approval.”
The FDA, CDC, and Pfizer have released no data on the distribution of Comirnaty in the United States. Simply put if the vile your vaccine is in does not have this logo on it, IT IS NOT FDA APPROVED.
This means Ohio Universities’ vaccine mandate hasn’t even been updated to include the Comirnaty vaccine as an acceptable vaccine.
It is also worth noting according to the CDC’s “vaccine finder” the ONLY FDA approved vaccine “Comirnaty” is not available in the United States.
According to Pfizer (the manufacturer of Comirnaty and the Pfizer-BioNTech Covid Vaccine) Comirnaty and the Pfizer-BioNTech Covid vaccine ARE LEGALLY DISTINCT.
According to the CDC Vaccines.gov displays the “types of COVID-19 vaccines available”.
This means COMIRNATY the ONLY FDA approved Covid vaccine IS NOT available ANYWHERE in the United States. This means Ohio University’s vaccine mandate is unlawful in the State of Ohio. Read my previous post here to learn more about all the laws and ethics violations Ohio University is currently committing.
The Mandate also requires unvaccinated persons to submit a negative COVID-19 test prior to attending school sponsored functions, such as events at the Athena Theater, a theater 8 operated by the University, but does not require persons vaccinated only with EUA vaccines, to submit a negative COVID-19 test prior to the same functions, and therefore is discriminatory within the meaning of R.C. 3792.04.
Claim 3: Violation of Ohio Constitution
Plaintiffs have a fundamental right under Article I, Section 1 of the Ohio Constitution to refuse medical treatment to protect the liberties of personal security, bodily integrity, and autonomy. Steele v. Hamilton Cty. Community Mental Health Bd., 90 Ohio St. 3d 176, 180–181 (2000)
The Mandate’s requirement to wear masks is a form of medical treatment. The Mandate requires the use of cloth face masks, surgical masks or N95 masks (the “masks”). The masks are currently authorized by the FDA as medical devices intended for a medical purpose. As such, their use is a form of medical treatment which Plaintiffs have a right to refuse under Article I, Section 1 of the Ohio Constitution. Further, the emergency use authorization of the masks is conditioned on Plaintiffs’ right to refuse their use.
As Ohio University Student and Faculty know most testing is done via Vault Health Saliva PCR test kits. Vault Health’s website explicitly states their test is only Emergency Use authorized.
Ohio University faculty and staff also receive documentation of their testing results that also explicitly states it is only FDA emergency use authorized.
Ohio Universities mandate for students and staff to be tested against COVID-19 for employment or participation at a university or other institution also violates federal law.
All COVID-19 tests, whether polymerase chain reaction (PCR), antigen tests or others, are authorized, not approved or licensed, by the federal government; they are Emergency Use Authorized (EUA) only. They merely “may be effective.”
Federal law states: Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I-III) of the Federal Food, Drug, and Cosmetic Act states: individuals to whom the product is administered are informed —
(I) that the Secretary has authorized the emergency use of the product;
(II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and
(III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.
EUA products are by definition experimental and thus require the right to refuse. Under the Nuremberg Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment. Consent of the individual is “absolutely essential.” A federal court held that even the U.S. military could not mandate EUA vaccines to soldiers. Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (2003).
Of course it doesn’t end there. Ohio Universities Mask mandate for any individual to wear a mask against COVID-19 for employment or attendance at a university or other institution violates federal law. All COVID-19 masks, whether surgical, N95 or other respirators, are authorized, not approved or licensed, by the federal government; they are Emergency Use Authorization (EUA) only. They merely “may be effective.”
Claim 4: Coercion
Under R.C. 2905.12, no person may coerce another from taking or refraining from action concerning which the other person has a legal freedom of choice, by taking, withholding, or threatening to take or withhold official action.
The Mandate involves taking or withholding official action to coerce Plaintiffs to accept medical treatment which Plaintiffs have the legal freedom to refuse under, as stated above, Article I, Section 1 of the Ohio Constitution and therefore violates R.C. 2905.12
Ohio University has coerced students into getting jabbed with lies and threats for nearly a year. In the post below Ohio University promised no testing, no masking, and quarantine for vaccinated students, all they had to do was inject an experimental gene therapy into themselves.
In the post below OU promised students that got vaccinated wouldn’t have to wear masks, when students arrived in August, they found this was a lie as Ohio University mandated masks for all. This also shows OU is conscious of the fact that masks are a bad dehumanizing thing. They offer a way out of the mask by simply injecting an experimental vaccine.
Ohio University even went as far to offer students cash prizes, scholarships, and more to coerce students into getting jabbed.
CHANGES WE WANT TO SEE
Make Testing, Masking, Vaccination against COVID-19, and isolation Optional
Inform student and staff about COVID treatments and alternatives to Vaccination
Protect in-person learning and students from the harms of remote learning
This page represents a summary of our lawsuit at the time of filing. As the lawsuit progresses we will be posting updates on our press release page.