TRENTON, N.J. (WCBS 880) — An attorney for five students at The College of New Jersey sued the university in federal court Monday arguing they are being discriminated against by the institute's "unconstitutional" COVID-19 vaccine mandate.
Their lawsuit comes months after TCNJ announced students would be required to prove they have had their first vaccine dose by Aug. 9.
Students who missed the deadline were deregistered and are ineligible for academic and extracurricular activities. Those who submit medical and religious exemptions, which are not prohibited for the winter or spring semester, have an Oct. 15 deadline and face regular testing.
However, The Trentonian reports their attorney Dana Wefer said in her lawsuit that the students have endured "intrusive" weekly testing and are requesting a federal judge intervene to prevent the mandate.
One plaintiff, Catalina Messina, argued the weekly testing has taken a "mental and physical" toll on her, and despite claiming a religious exemption, the Career and Community Development student deferred this semester due to the rigorous testing protocol.
Wefer, who is also representing an anti-mask New Jersey client, argued in court that the college's testing requirements also infringe on the students' equal protection.
“The medical testing is a violation of the students’ right to be free from unreasonable search and seizure as set forth in the Fourth Amendment,” Wefer wrote.
In response to the lawsuit, the college defended its COVID-19 safety practices.
“TCNJ has implemented a vaccine and testing program to protect the health of our community and preserve an in-person learning experience. Our policies, which provide for medical and religious exemptions from the vaccine requirement, are consistent with those of other universities across the country that have been upheld by a number of courts,” said TCNJ spokesperson David Muha.