A partial win against Miami University.
We plan an appeal to address our constitutional right to refuse medical treatment.
From the ruling:
Appellants' amended complaint also alleged that Miami University's vaccination policy unlawfully discriminated against them in violation of R.C. 3792.04(B)(2) as the policy "requires unvaccinated individuals such as [appellants] to engage in activities and precautions different from those of individuals who have received non-FDA approved vaccines." Specifically, appellants alleged in their amended complaint that to obtain an exemption, they had to agree to release Miami University from certain liabilities, agree to comply with testing, and agree to comply with preventative measures such as masking. "To the extent that the preventative measures provision treats [appellants] differently than those vaccinated with the vaccines that are not FDA-approved, it discriminates in violations [sic] of R.C. 3792.04." Appellants further alleged they are treated differently than employees who took the EUA COVID-19 vaccines as Miami University implemented a "bonus program available only to their employees who have taken COVID-19 vaccines."
Our holding is limited to finding that at this stage of the proceedings, appellants' amended complaint has alleged such a personal stake in the outcome of the controversy that they are entitled to have the court hear the claim that Miami University's COVID-19 vaccination policy discriminates against them in violation of R.C. 3792.04(B)(2). We therefore find that the trial court erred in dismissing this claim for lack of standing.
The entire ruling is here. It provides a lot a guidance for others and several issues we would like the Ohio Supreme Court to clarify.