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July 28, 2021

LMU Students Sue Over Vaccine-Based Discrimination Policy

by Children’s Health Defense California Content Team

Loyola Marymount University (LMU) is being sued in Federal Court over their policy of segregating unvaccinated students.

On Saturday, July 24, Tyler & Bursch, LLP, the Law Offices of Nicole C. Pearson, Children’s Health Defense – California Chapter (CHD-CA) and Advocates for Faith & Freedom sued Loyola Marymount University (LMU) in Federal Court in the Central District of California, challenging the school’s illegal vaccine, testing, masking, and social distancing mandates on behalf of two LMU undergraduate students.

The complaint maintains that LMU’s accommodations for exempted, unvaccinated students are discriminatory and have the effect of creating a campus-wide apartheid, with “vaccine-exempted” students required to live in separate dorms, wear face coverings, social distance, submit to surveillance testing, and have their bodily and medical privacy invaded, while their vaccinated peers are free to move about campus without any special conditions or requirements. The policy even requires the vaccine-exempted students to assume all risk for any COVID-related cases or injuries that develop on campus, even though asymptomatic transmission is unsupported by the weight of the scientific evidence.

“There is simply no rational basis in science, medicine or law for LMU to defend its policy,” said Alix Mayer, CHD-CA Board President. “Without any valid reason, this school is discriminating against healthy students who pose no risk to anyone.”

One of the alleged rationales behind LMU’s policy is that unvaccinated students pose a greater risk to the University community than do vaccinated students, even if healthy. There is, again, no defensible evidence to support this position.

“While the government is reporting that most hospitalized patients are unvaccinated,” said Mayer, “health professionals are reporting the exact opposite to Children’s Health Defense: according to medical professionals on the front lines, most people presenting at hospitals right now with severe symptoms have received one of the COVID shots.” This again suggests a lack of any rational basis for singling out unvaccinated students.

Robert Tyler, partner at Tyler & Bursch and president of Advocates for Faith & Freedom added, “These two students are not alone. There are many other students being harmed by LMU’s discriminatory policy, but they are afraid to have a light shined on them because they do not want to suffer even greater retaliation by the University. No student should be placed in this situation when all they want to do is get an education and experience the same rights of passage as their peers.”

We expect a Motion for Temporary Restraining Order and Preliminary Injunction to be filed shortly. If granted, this will stop LMU from enforcing the policies mentioned in the suit until the case is heard and decided.

 

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About Tyler & Bursch, LLP and Advocates for Faith & Freedom: With offices in Irvine and Murrieta, California, the lawyers and advisors at Tyler & Bursch, LLP have been litigating civil liberties cases for more than 25 years in federal and state court. Tyler & Bursch provides pro-bono legal support through the non-profit legal organization, Advocates for Faith & Freedom.