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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
