The news of our Santa Clara University (SCU) lawsuit against the illegal COVID-19 vaccine mandates went viral earlier this year.
Our two plaintiffs’ horrific stories exemplify the need for medical freedom for all:
Harlow, after taking her first Pfizer dose, ended up in the ER with severe complications that continued for years. Despite a medical exemption from her doctor, SCU denied her the ability to attend classes online or receive a refund for her tuition. She was left unable to continue her education unless she took a second shot.
Lyle, who joined our lawsuit in 2022, faced similar issues. Though he didn’t experience a life-threatening emergency like Harlow, SCU also denied his exemption, preventing him from finishing his degree – or even transferring his credits to another university – until he complied with their mandate.
Free Now Foundation sued SCU, and they eventually reversed their policy, granting exemptions to both Harlow and Lyle, and to other students. However, the lawsuit, which included claims of negligence, breach of contract, intentional infliction of emotional distress (IIED), interference with doctor-patient relationships, and more, was dismissed in September via demurrer. We believe this dismissal was illegal and driven by bias—every judge assigned to the case had conflicts of interest, being SCU graduates or professors. Additionally, Santa Clara County was a politically difficult county as citizens were particularly concerned about COVID, having one of the highest COVID vaccination rates in California. It is dominated by Silicon Valley companies developing the technology to surveil and track us, and lockdowns were led by County Public Health Officer Sarah Cody, formerly a CDC Epidemic Intelligence Service Officer.
But we are not backing down. We are prepared to take this fight to the California Supreme Court. We will not let corruption prevail without giving it our all.
Harlow and Lyle’s injuries give them standing on all past claims. We can still seek declaratory relief, asserting that SCU violated students’ rights to bodily autonomy. We alleged that SCU, acting aggressively alongside the county, was a state actor, but the Court of Appeal didn’t even address state actor analysis, avoiding it completely by finding that no one had standing on any causes of action, because we didn’t have a plaintiff to make the state actor arguments.
SCU’s defense—claiming they were merely following public health guidelines—was used to dismiss our negligence and IIED claims, which we believe should have gone to a jury, not a judge. Moreover, SCU allowed faculty and staff to obtain religious exemptions but denied them to students, a clear case of discrimination that the court ignored.
Judges with SCU affiliations shouldn’t have been assigned to this case due to the appearance of bias, yet our complaints were dismissed without consideration. We argue that SCU breached its contract by imposing a vaccine mandate not included in their original policies, yet the courts sided with SCU’s interpretation of the contract, dismissing our claims despite the well-established rule that our interpretation of the contract should prevail.
The fight isn’t over. We’re committed to challenging this injustice at the California Supreme Court.
Join Us in the Fight for Justice
We need your support to continue this battle. Donate today or volunteer to help us take this case to the highest courts. Together, we can ensure that no student is forced to choose between their health and their education.
We Won’t Let a Biased Dismissal Get in the Way of Justice
SCU’s actions have caused significant harm, and the biased dismissal of our lawsuit only strengthens our resolve. We won’t let this injustice stand. With your help, we will keep fighting for the rights of Harlow, Lyle, and all students who face similar threats to their freedom and well-being.
Learn More
Listen to Harlow’s story, as told in 2022, on Rumble.
.Read Harlow’s story, as told in 2024, on our site.
Aria Morgan, a UCLA Honors graduate, is a passionate advocate for civil rights, medical freedom, and free expression. As the Director of Content at Free Now Foundation and former Managing Editor of Children’s Health Defense-CA, she brings a wealth of experience to her role. Beyond her role at Free Now Foundation, Aria is a health and wellness educator, helping individuals with injuries and chronic conditions. Her diverse professional experiences are underpinned by her unwavering commitment to protecting individual freedoms and promoting wellness for all.
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