This past year has been quite difficult, to say the least. COVID-19 has affected all our lives in more ways than can be counted. The roll out of the COVID-19 vaccine has had many individuals feeling comforted and optimistic, and understandably so. After a year filled with lockdowns, isolation, and illness, the vaccine seems like a golden ticket… and individuals are entitled in feeling that way. On the other hand, there are many people who are not willing to vaccinate themselves for a variety of reasons, from lack of trust, to religious exemptions, to immune reactions and sensitivities. These concerns are valid as well, and deserve to be treated as such. A year of online school, being isolated from society, and not having a “traditional” school education and experience has left us mentally drained and damaged. Humans are social creatures who deserve the right to be amongst each other whether or not they are vaccinated for covid. Although there are questions left up in the air, let’s shed light on the facts that we do know. 

In the U.S., 240.2 million COVID vaccine doses had been administered as of April 30 2021. VAERS (Vaccine Adverse Events Reporting System) data released on April 30th 2021 showed 118,902 reports of adverse events following COVID vaccines, including 3,544 deaths and 12,619 serious injuries between Dec. 14, 2020 and April 23, 2021. This includes 805 pregnant women reported adverse events related to COVID vaccines, including 235 reports of miscarriage or premature birth, 1,597 cases of Bell’s Palsy, 162 reports of Guillain-Barré Syndrome, and 44,348 reports of anaphylaxis. These numbers are likely highly underreported per a 2010 study by the HHS (Human Health Services) which found that only 1% of all vaccine related injuries are reported to the VAERS system  (https://www.nvic.org/CMSTemplates/NVIC/Pdf/FDA/ahrq-vaers-report-2011.pdf ) These available statistics are not to be taken lightly. For many, these statistics are alarming and outweigh the decision to take the vaccine. Rightfully so, individuals should have the right to choose whether or not to take the vaccine in order to live a normal life; especially considering the fact that people 20 years of age and under have a 99.997% survival rate.

Governor Cuomo recently publicly stated that he is going to mandate COVID-19 vaccines for CUNYs and SUNYs. However, he knows full well that this is illegal according to Federal Law, and has actually stated so himself: 

"You can not mandate vaccines, because these vaccines are approved under something called an emergency use authorization, EUA, and by law you can't mandate a vaccine approved under an emergency use authorization. So you can't say, for example, 'college students must have a vaccine,' you can not mandate a vaccine under an EUA. You can mandate measles, etc. but you can't mandate these vaccines, which are still all under emergency use authorization." And as of the writing of this petition, May 11 2021, the COVID-19 vaccine is still approved only for Emergency Use Authorization.

Here is a reading of the legal terms of the EUA:

“Emergency Use Authorization” means that any product with this designation must be voluntary. Under 21 U.S.C. § 360bbb-3, “Authorization for medical products for use in emergencies”:

(ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed —

     (I) that the Secretary [of Health and Human Services] has authorized the emergency use of the product;

    (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and

    (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.

Under federal preemption doctrine, this federal EUA law trumps state law, meaning that states and municipalities may not mandate EUA products. As the FDA states: “FDA believes that the terms and conditions of an EUA issued under section 564 preempt state or local law, both legislative requirements and common-law duties, that impose different or additional requirements on the medical product for which the EUA was issued in the context of the emergency declared under section 564. In an emergency, it is critical that the conditions that are part of the EUA or an order or waiver issued pursuant to section 564A — those that FDA has determined to be necessary or appropriate to protect the public health—be strictly followed, and that no additional conditions be imposed.” 

Ultimately, students have been isolated in their homes long enough, and it is imperative for their mental health, and education, that they return back to school. Whether one chooses to receive the vaccine or not- THAT IS THEIR CHOICE. Whether one chooses to go back to school- THAT IS THEIR CHOICE. Whether one chooses to drive or take the train to work- THAT IS THEIR CHOICE. We all make choices in life, and we are free to make them. We live in a free country and we deserve individual health rights and freedoms. With this petition we intend on lifting the mandate of the COVID-19 vaccine for all of the CUNY and SUNY colleges.