INDIANAPOLIS – Indiana’s ban on government-issued COVID-19 vaccine passports questions whether it applies to state universities.
Language in HEA 1405 passed in the last moments of the session and didn’t have much discussion.
Under the new law, the state of Indiana and local government units cannot create or require an immunization card or passport.
“A local unit is a town or city or county,” said Ross Silverman, professor of health policy at Indiana University’s School of Public Health at Fairbanks.
So, is a public educational institution like Indiana University a government unit? Silverman maintains that the law says no.
“Under Indiana law, Indiana University is defined as a public educational institution. This is its formal terminology. It is not considered a state agency, it is not considered a local government, ”explained Silverman.
He added that when lawmakers want universities to be included in a law, they almost always spell it out in law.
State Representative Chris Campbell was a co-author of the passport ban legislation for vaccines. She said they deliberately left the colleges out of it, and she even doubled control.
“I asked Purdue to review it because I had this concern,” said Rep. Campbell. “They didn’t have any concerns at this point so I don’t think that applies in this case.”
This means that IU is free to require the COVID-19 vaccine and passports to prove that students and staff have been vaccinated. Other schools and businesses can also if they wish.
“It should be left at these individual locations because they know their situation and know what they need in their environment to keep others safe,” said Representative Campbell.
Not all legislators think this way. State Representative John Jacob declined an interview, but shared a letter he sent to Indiana University with State Representative Curt Nisly.
Dear President McRobbie and Mrs. Simmons,
It has come to my attention and to my representative Curt Nisly that Indiana University (IU) is mandating COVID “vaccinations” for its staff, faculty, and students. Is it correct? If so, in light of recent legislation passed by the Indiana Legislature banning government vaccination passports and the fact that IU is a state public school, could you please consider please explain the legal basis on which the UI makes this mandatory?
Also, how can the UI prescribe something that is not officially approved for actual use because the COVID “vaccine” is an Experimental Use Authorization (EUA)? Further, is IU prepared to accept any responsibility for those injured while taking the COVID ‘vaccine’ many people who died and have had very adverse reactions to the COVID vaccine? In light of recent legislation, I hope that IU withdraws its mandatory vaccination requirement for staff, faculty and students.
State Representative John Jacob (R) District 93 and State Representative Curt Nisly (R) District 22
Silverman believes IU’s actions are legal
“The vaccine is on the one hand a personal health problem, but it is also a community health intervention,” said Silverman.
The courts could end up determining the legality of this if a lawsuit is brought in the future.
Suggest a correction