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  2. Fighting for Students’ Rights:  The Battle Against Santa Clara University's COVID-19 Vaccine Mandate
Fighting for Students’ Rights:  The Battle Against Santa Clara University’s COVID-19 Vaccine Mandate
CASE DISMISSED, but unjust rulings don't deter us from seeking justice for all those injured by the COVID-19 vaccine mandate We are prepared to take this fight to the California Supreme Court.
by Aria Morgan,
September 25, 2024
3 Comments
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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.
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Read Harlow’s story, as told in 2024, on our site.

DONATE
About the Author, Aria Morgan

Aria Morgan is a writer and advocate dedicated to civil liberties, medical freedom, and free speech. As Director of Content at Free Now Foundation (2024–2026) and former Managing Editor of Children’s Health Defense–CA (2021–2024), she helped shape investigative storytelling efforts advancing informed consent and individual rights.

Aria bridges more than 30 years of embodied wellness practice and over 25 years of teaching with civic engagement. Her wellness work lives at DailyDowndog.com

3 Comments

  1. K

    Hi. I’m experiencing rough times for my child at SCU.
    So I see the coverup. And not akniwkedhing disabilities.
    To your point

    As a 4 x cancer survivor I had to have proof of vaccination to live my child into her form freshman year home are from out of state. I complied but too my display. It was the inky way to live her in. I e bern so sick from that booster vaccine. I have so many medical records creating immune and heart issues. You need to advise parents who couldn’t move their kids in either without vaccine cards. It was like that here in nYC. But I wanted to let you know that’s is topic you can tie in. Duscrimatory. Putting heat risk or risk my kid being sll alone living in. With disabilities. I often wonder what the price is I’ll pay in health. My child is stricken with health issues. Plus plus. Use this too. Thank you for fighting for truth. I’m very sad about how untreated me as a concerned mom they ignore me and I do not harass anyone. I freak up. That’s why. They’d prefer kids committing suicide. And not have safe calls in campus. The vaccine is deadly in my opinion for health compromised. People. It’s about money and uniting those who are most vulnerable in health. They do not care. I understand roses are common at SCU. Yet no police in campus are allowed. That’s scarey.

    But they’ll call police if a kid commits suicide.

    Pls fight for truth. I shd not have had the booster under sayd. I had to. Or o could not go on campus to live her in. :(.

    Reply
    • Aria Morgan

      Thank you for sharing your story. We were actually quite surprised to hear that you were required to have a shot to help move your child into SCU and had no idea that SCU was actually requiring parents to do that if they wanted to come on campus during that time. What year was this? Medial discrimination is something we intend to eliminate.

      Reply
  2. K

    Sorry typos dictation. I want her out of there she’s not well or ok. The college will not let a safe fall on famous. I am sorry you struggle. There’s something wrong at SCU. A Dionne t with caring yet they document it for lawsuits. Use the Clery act and the s u culture of care info on their website. It’s all fluff. To cover for liability. Tho you can use that for your case. Best.

    Reply

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