Pro-health freedom group Children's Health Defense (CHD) and attorney Robert Melzer filed the complaint in the U.S. District Court in Boston. The March 23 lawsuit, filed on behalf of theology student Caitlin Corrigan, alleged that BU suspended her after failing to accommodate her medically private disability. The university required a specific COVID-19 testing regimen without any alternatives for those unable to comply with its mandated testing method.
"Although this disabling condition does not affect her ability to pursue her degree at [BU], her doctors have advised her that she will likely experience significant harm if she submits to the single university-approved COVID testing regimen," the suit stated. It argued that BU violated the ADA by refusing to provide alternative COVID-19 testing methods that Corrigan and other students can avail. Furthermore, the university also refused to engage in the requisite interactive process required to reach an accommodation and otherwise failed to provide an effective, comprehensive and meaningful grievance process.
The complaint quoted BU's Notice of Non-discrimination that clearly outlined a ban on "discrimination against any individual on the basis of physical disability." It added that despite having "direct knowledge" of Corrigan's disability, the university denied her any accommodations.
"[Corrigan] has agreed to be regularly tested, but is unwilling to sacrifice her health and well-being by submitting to the particular COVID-19 testing method mandated by the university that she believes will cause her serious and permanent physical harm."
The complaint filed by CHD and Melzer on behalf of the BU student seeks to render the institution's COVID-19 testing policy "void and unenforceable as a matter of law" because it violates the ADA. It also seeks unspecified damages. (Related: College campuses have become fascism incubators, labs for testing extreme covid surveillance schemes.)
A Sept. 18, 2021 report by the Boston Globe elaborated on Corrigan's efforts to help others obtain religious exemptions to COVID-19 vaccination. She had been organizing regular three-hour virtual sessions for this purpose, in response to emails asking for her assistance.
"There are thousands and thousands of people I have helped with religious exemptions. We are the majority and we have been silent," said the theology student. Corrigan subsequently told the Globe: "I am called to do this, to support people and protect their right to bodily autonomy. People need to say no and take a stand."
The September 2021 article also mentioned that Corrigan is a vocal opponent of COVID-19 testing, and has not been injected with a COVID-19 vaccine. Thus, she is subject to BU's testing mandate – which she now challenges through the March 23 lawsuit.
"The university's policy of an exemption-free testing protocol that provides no possibility of accommodation for students with disabilities is illegal, unconscionable and factually unsupportable. The most reasonable and readily achievable accommodation that would allow [Corrigan] to participate as a student … is to simply allow another method of testing to achieve the same results as the single COVID-19 testing method mandated under university policy," her lawsuit stated.
CHD President and General Counsel Mary Holland commented on the March 23 lawsuit.
"The trend of the past two years to force experimental health protocols on young people with little regard for their safety can't be tolerated. Children are an investment in our future, not laboratories for experimentation in a time of unprecedented and arbitrary restrictions and requirements," Holland said.
"It's imperative that BU be held accountable when it fails to act within established legal norms. It's ironic that the same school that Rev. Martin Luther King, Jr. attended – and of whom the school is rightly proud – would violate the ADA with such callous disregard."
MedicalTyranny.com has more articles about discrimination regarding COVID-19 testing.
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