As far as we can tell Comirnaty is not available in Ohio. Ohio Health has confirmed that system does not have any. Cleveland Clinic has danced around the issue but will not confirm its availability. Our firm has checked with multiple pharmacies statewide and can find none. This partly sets the basis for lawsuits against Miami University, Ohio University, University of Cincinnati, and other institutions of higher education. The complaints are similar in that the schools are violating the civil rights of students and staff that object to experimental injections. Ohio’s higher education institutions mandated injections that are not available and are discriminating against staff and students who did not get one. Students and staff not approved for exemption or not fully injected are subject to discipline.
The lawsuits call for declaratory and injunctive relief arising under:
R.C. 3709.212 which requires a medical diagnosis or direct contact with someone medically diagnosed for a student to be subject to health measures. These Defendants cannot order those who are not diagnosed with a illness or who have not come into direct contact with someone diagnosed with an illness, to wear masks, undergo weekly testing, or to limit their activities.
R.C. 3792.04 which forbids requiring an individual to receive a vaccine for which the United States food and drug administration has not granted full approval. Defendants are state institutions of higher education and are discriminating by requiring students to engage in or refrain from engaging in activities or precautions that differ from the activities or precautions of a student who has received an injection not fully approved by the U.S. Food and Drug Administration (“FDA”).
R.C. 2905.12 which forbids official coercion to the extent the Mandate coerces staff and students from taking or refraining from actions over which they should have legal freedom of choice, by taking, withholding or threatening to take or withhold official action.
Article I, Section 1 of the Ohio Constitution which provides for bodily autonomy and the right to refuse medical treatment.
These institutions know there is a problem, from an internal email:
They know the students don’t want this:
Threats:
Discrimination:
This got a little media and social media attention this week. The Ohio Press Network story is here.
The Steve Bannon video is here. Go to 5:30 to see the discussion on Ohio schools.
From Attorney Tom Connors a concise encapsulation of the issue: “Ohio law precludes public universities from mandating Covid-19 vaccines that are not fully FDA-approved. The only vaccines currently available are emergency use vaccines, which are not fully FDA-approved. The affidavit from the manager of Miami University Health Services shows that it was providing only emergency use vaccines. Comirnaty, which is fully FDA-approved but not currently available, is noted by the FDA as being legally distinct from the emergency use vaccines. One of those legal distinctions is this Ohio law, which Miami University is violating.”