FORT WAYNE, Ind. (CN) — Indiana University’s coronavirus vaccine requirement is being challenged in federal court by a group of students who claim the safety measure is unconstitutional and unnecessary.
The lawsuit filed Monday in Fort Wayne federal court alleges the IU policy which requires all students and staff to get a Covid-19 vaccine violates the right to “personal autonomy and bodily integrity.”
To support their claims, the students point to the overall lowering Covid-19 cases in Indiana and the lower mortality rate for people under 30 years old as reasons why the vaccine requirement is unneeded.
“As the numbers continue to decline, such draconian measures as requiring all students to be vaccinated is not reasonable,” the lawsuit states.
The university announced its vaccine mandate in May and quickly faced harsh backlash from legislators and parents who say the policy is an overreach.
Indiana Attorney General Todd Rokita, a Republican, issued a nonbinding opinion against the policy at the end of May, saying that IU may not ask students for proof of vaccination.
The school responded to the criticism by updating its policy. IU is still requiring its students and staff to get a Covid-19 vaccine, but as of June 1 the university is no longer requiring uploaded documents to show proof of vaccination for the fall semester.
Instead, the new policy allows members of the campus community to verify they've been vaccinated through the filling out of a form. In addition, the school’s mandate contains exemptions for both religious and medical reasons, and for students who are taking classes fully online.
"Requiring the Covid-19 vaccine for IU students, faculty and staff with appropriate exemptions continues the university's comprehensive science and public health-driven approach to managing and mitigating the pandemic on our campuses,” IU President Michael A. McRobbie said in a June 1 statement. “Throughout the pandemic our paramount concern has been ensuring the health and safety of the IU community. This requirement will make a 'return to normal' a reality for the fall semester.”
The lawsuit comes after the policy update. Attorneys from the Terre Haute-based Bopp Law Firm representing the students say the university’s policy is still unfair and constitutional.
“IU...is not seeking voluntary consent from its students to take the Covid vaccination—it is coercing its students under threat of virtual expulsion to take a vaccine even though the risks associated with the vaccine, especially for college-age students, are serious and increasingly recognized, and students are at an extremely low risk of adverse effects if they get a Covid infection,” the law firm said in a statement.
The students are asking for a court order declaring the vaccine mandate unconstitutional and blocking the university from enforcing it.
When the university announced its vaccine mandate in May, Dr. Lana Dbeibo, director of vaccine initiatives for IU's Medical Response Team, recommended that everyone who is able should go out and get a Covid-19 vaccine.
“The Covid-19 vaccines that are currently authorized by the FDA are extremely safe and effective,” Dbeibo said. "There are very, very few medical reasons a person would not be able to receive this vaccine. The Covid-19 vaccine is available throughout the U.S., and now those 12 years old and above are eligible. I recommend, unless you have a medical contraindication, to schedule and get the vaccine as soon as you can -- not only for yourself, but for those you love as well."
A request for comment from IU about the lawsuit has not been returned.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
-
Baseball team discrimination April 18, 2024
