Q: Can my private university mandate me to get vaccinated after I’ve been accepted, paid money, and told me that I don’t?
They told us we did NOT have to get vaccinated then an hour later told us that we DO need to get vaccinated against COVID-19. I was accepted for a month and a half with a down payment before I was informed that I needed to get the COVID vaccine, so now it’s crunch time and I either get the shot tomorrow or change schools entirely, sadly. My late father went to this school, and it looked like the school of my dreams. I was very excited to attend, but I am looking for other colleges AGAIN.
A: I have not personally looked up the resources, but it is my understanding that the vaccine has not received final approval from the FDA.
The emergency use of an unapproved medicine is covered by 21 U.S. Code § 360bbb–3 - Authorization for medical products for use in emergencies. A number of scholars have stated that the COVID vaccine is authorized only for emergency use and therefore there are limitations on the ability to require the vaccine. see, https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/
See, also, Legaretta v. Macias in which an employee of New Mexico County detention center is arguing against mandatory vaccination.
While litigation is in the very early stages, there is an argument that you can not be denied access to public accommodations based upon your COVID Vaccination status.
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