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FACT FOCUS: Vermont ruling does not say schools can vaccinate children without parental consent

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FACT FOCUS: Vermont ruling does not say schools can vaccinate children without parental consent


BY MELISSA GOLDIN

Social media users are misrepresenting a Vermont Supreme Court ruling, claiming that it gives schools permission to vaccinate children even if their parents do not consent.

The ruling addressed a lawsuit filed by Dario and Shujen Politella against Windham Southeast School District and state officials over the mistaken vaccination of their child against COVID-19 in 2021, when he was 6 years old. A lower court had dismissed the original complaint, as well as an amended version. An appeal to the U.S. Supreme Court was filed on Nov. 19.

But the ruling by Vermont’s high court is not as far-reaching as some online have claimed. In reality, it concluded that anyone protected under the Public Readiness and Emergency Preparedness Act, or PREP, Act is immune to state lawsuits.

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Here’s a closer look at the facts.

CLAIM: The Vermont Supreme Court ruled that schools can vaccinate children against their parents’ wishes.

THE FACTS: The claim stems from a July 26 ruling by the Vermont Supreme Court, which found that anyone protected by the PREP Act is immune to state lawsuits, including the officials named in the Politella’s suit. The ruling does not authorize schools to vaccinate children at their discretion.

According to the lawsuit, the Politella’s son — referred to as L.P. — was given one dose of the Pfizer BioNTech COVID-19 vaccine at a vaccination clinic held at Academy School in Brattleboro even though his father, Dario, told the school’s assistant principal a few days before that his son was not to receive a vaccination. In what officials described as a mistake, L.P. was removed from class and had a “handwritten label” put on his shirt with the name and date of birth of another student, L.K., who had already been vaccinated that day. L.P. was then vaccinated.

Ultimately, the Vermont Supreme Court ruled that officials involved in the case could not be sued.

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“We conclude that the PREP Act immunizes every defendant in this case and this fact alone is enough to dismiss the case,” the Vermont Supreme Court’s ruling reads. “We conclude that when the federal PREP Act immunizes a defendant, the PREP Act bars all state-law claims against that defendant as a matter of law.”

The PREP Act, enacted by Congress in 2005, authorizes the secretary of the Department of Health and Human Services to issue a declaration in the event of a public health emergency providing immunity from liability for activities related to medical countermeasures, such as the administration of a vaccine, except in cases of “willful misconduct” that result in “death or serious physical injury.” A declaration against COVID-19 was issued on March 17, 2020. It is set to expire on Dec. 31. Federals suits claiming willful misconduct are filed in Washington.

Social media users described the Vermont Supreme Court’s ruling as having consequences beyond what it actually says.

“The Vermont Supreme Court has ruled that schools can force-vaccinate children for Covid against the wishes of their parents,” reads one X post that had been liked and shared approximately 16,600 times as of Tuesday. “The high court ruled on a case involving a 6-year-old boy who was forced to take a Covid mRNA injection by his school. However, his family had explicitly stated that they didn’t want their child to receive the ‘vaccines.’”

Other users alleged that the ruling gives schools permission to give students any vaccine without parental consent, not just ones for COVID-19.

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Rod Smolla, president of the Vermont Law and Graduate School and an expert on constitutional law, told The Associated Press that the ruling “merely holds that the federal statute at issue, the PREP Act, preempts state lawsuits in cases in which officials mistakenly administer a vaccination without consent.”

“Nothing in the Vermont Supreme Court opinion states that school officials can vaccinate a child against the instructions of the parent,” he wrote in an email.

Asked whether the claims spreading online have any merit, Ronald Ferrara, an attorney representing the Politellas, told the AP that although the ruling doesn’t say schools can vaccinate students regardless of parental consent, officials could interpret it to mean that they could get away with doing so under the PREP Act, at least when it comes to COVID-19 vaccines. He explained that the U.S. Supreme Court appeal seeks to clarify whether the Vermont Supreme Court interpreted the PREP Act beyond what Congress intended.

“The Politella’s fundamental liberty interest to decide whether their son should receive elective medical treatment was denied by agents of the State and School,” he wrote in an email to the AP. “The Vermont Court misconstrues the scope of PREP Act immunity (which is conditioned upon informed consent for medical treatments unapproved by FDA), to cover this denial of rights and its underlying battery.”

Ferrara added that he was not aware of the claims spreading online, but that he “can understand how lay people may conflate the court’s mistaken grant of immunity for misconduct as tantamount to blessing such misconduct.”

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Vermont-based fighter wing deploying to Caribbean amid tensions with Venezuela, US senator says – The Boston Globe

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Vermont-based fighter wing deploying to Caribbean amid tensions with Venezuela, US senator says – The Boston Globe


U.S. Sen. Peter Welch on Friday said the Pentagon had ordered the deployment of the Vermont Air National Guard’s 158th Fighter Wing to the Caribbean amid heightened tensions with Venezuela.

According to Welch, the deployment is part of Operation Southern Spear, which has been targeting drug trafficking in the region as President Donald Trump’s administration has sought the ouster of Venezuelan President Nicolás Maduro.

A Pentagon spokesperson on Friday referred questions to the Vermont Guard.

The 158th Fighter Wing, based in South Burlington, includes 20 F-35A Lightning II fighter jets and approximately 1,000 personnel.

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Joseph Brooks, a spokesperson for the Vermont Guard, told the Globe earlier this week that the unit had been ordered by the Department of Defense to mobilize, but he would not disclose the location or details of the deployment.

Brooks declined to comment further Friday night.

In a written statement, Welch thanked Vermont Guard members for their service but criticized the Trump administration for deploying them.

“I strongly oppose President Trump’s mobilization of the Vermont Air National Guard alongside thousands of other U.S. military units in what appears to be a relentless march to war,” Welch said. “An undeclared war against the Venezuelan regime would be illegal under our Constitution. If this president — or any president — wants to start a war with Venezuela, which has not attacked us and is not a source of the fentanyl that is killing Americans, then he needs to seek authorization from Congress, as the authors of the Constitution intended.”

Details of the deployment remained unclear Friday, though Seven Days, a Burlington newspaper, reported that the unit would be stationed at a recently reopened military base in Puerto Rico. The newspaper said some Vermont Guard members had already headed there to prepare for the deployment.

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This story has been updated.





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Somali flag flown outside Vermont school building brings threats

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Somali flag flown outside Vermont school building brings threats


WINOOSKI, Vt. — A small school district in Vermont was hit with racist and threatening calls and messages after a Somali flag was put up a week ago in response to President Donald Trump referring to Minnesota’s Somali community as “ garbage.”

The Winooski School District began to display the flag Dec. 5 to show solidarity with a student body that includes about 9% people of Somali descent.

“We invited our students and community to come together for a little moment of normalcy in a sea of racist rhetoric nationally,” said Winooski School District Superintendent Wilmer Chavarria, himself a Nicaraguan immigrant. “We felt really good about it until the ugliness came knocking Monday morning.”

The Somali flag was flown alongside the Vermont state flag and beneath the United States flag at a building that includes K-12 classrooms and administrative offices. Somali students cheered and clapped, telling administrators the flag flying meant a great deal to them, he said.

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What ensued was a deluge of phone calls, voicemails and social media posts aimed at district workers and students. Some school phone lines were shut down — along with the district website — as a way to shield staff from harassment. Chavarria said videos of the event did not also show the U.S. and Vermont flags were still up and spread through right-wing social media apps, leaving out the important context.

“Our staff members, our administrators and our community are overwhelmed right now, and they are being viciously attacked. The content of those attacks is extremely, extremely deplorable. I don’t know what other word to use,” Chavarria said Tuesday.

Mukhtar Abdullahi, an immigrant who serves as a multilingual liaison for families in the district who speak Somali and a related dialect, said “no one, no human being, regardless of where they come from, is garbage.” Students have asked if their immigrant parents are safe, he said.

“Regardless of what happens, I know we have a strong community,” Abdullahi said. “And I’m very, very, very thankful to be part of it.”

The district is helping law enforcement investigate the continued threats, Chavarria said, and additional police officers have been stationed at school buildings as a precaution. Winooski is near Burlington, about 93 miles (150 kilometers) south of Montreal, Canada.

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White House spokesperson Abigail Jackson called the calls and messages the school received “the actions of individuals who have nothing to do with” Trump.

“Aliens who come to our country, complain about how much they hate America, fail to contribute to our economy, and refuse to assimilate into our society should not be here,” Jackson said in an email late Thursday. “And American schools should fly American flags.”

Federal authorities last week began an immigration enforcement operation in Minnesota to focus on Somali immigrants living unlawfully in the U.S. Trump has claimed “they contribute nothing ” and said “I don’t want them in our country.” The Minneapolis mayor has defended the newcomers, saying they have started businesses, created jobs and added to the city’s cultural fabric. Most are U.S. citizens and more than half of all Somali people in Minnesota were born in the U.S.

At the school district in Vermont, Chavarria said his position as superintendent gave him authority to fly the flag for up to a week without the school board’s explicit approval.

The school district also held an event with catered Somali food, and Chavarria plans to continue to find ways to celebrate its diversity.

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“I felt sorrow for the students, the families, the little kids that are my responsibility to keep safe. And it’s my responsibility to make them feel like they belong and that this is their country and this is their school district. This is what we do,” he said.

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Scolforo reported from Harrisburg, Pennsylvania.



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WCAX Investigates: Police participation in border program draws scrutiny

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WCAX Investigates: Police participation in border program draws scrutiny


BURLINGTON, Vt. (WCAX) – Vermont police officers are working overtime shifts along the Canadian border under a federal program that critics say could violate the state’s anti-bias policing laws.

“Up here, we’re so small we rely on our partner agencies,” said Swanton Village Police Chief Matthew Sullivan.

On a recent frosty Friday, Sullivan was patrolling along the Canadian border as part of Homeland Security’s Operation Stonegarden. The chief and other local officers work overtime shifts for the U.S. Border Patrol.

“It acts as a force multiplier because we’re able to put more officers out in these rural areas in Vermont,” Sullivan said.

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During an exclusive ride-along, Sullivan showed us a field where, as recently as last fall, migrants were smuggled across the border. “These people are really being taken advantage of,” he said.

From 2022 to 2023, U.S. Border Patrol encountered just shy of 7,000 people entering the country illegally in the region, more than the previous 11 years combined.

In several instances, police say cars have tried to crash through a gate in Swanton along the border. Others enter from Canada on foot and get picked up by cars with out-of-state plates.

The chief says the illegal crossings strike fear among local parents. “They didn’t feel safe allowing their kids outside to play, which is extremely unfortunate,” Sullivan said.

Through Operation Stonegarden — which was created in the wake of 9/11 — Sullivan and his officers get overtime pay from the feds. “We’re kind of another set of eyes and ears for border patrol,” Sullivan said. His department also gets equipment and training.

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Six agencies in Vermont participate in Stonegarden: The Vermont State Police, Chittenden County Sheriff’s Department, Essex County Sheriff’s Department, Orleans County Sheriff’s Department, Newport City Police Department, and the Swanton Village Police Department. Some three dozen across New England participate in Stonegarden. These agencies collect relatively small amounts from the feds — $760,000 in Vermont, $190,000 in New Hampshire, and $1 million in Maine.

But amid the Trump administration’s immigration crackdown, Stonegarden is under scrutiny.

“This has become quite relevant to a lot of people once again,” said Paul Heintz, a longtime Vermont journalist who now writes for the Boston Globe. “These three states have dramatically different policies when it comes to local law enforcement working with federal law enforcement.”

Vermont has some of the strictest rules about police assisting federal immigration officials. The Fair and Impartial Policing Policy limits cooperation with the feds and says immigration status, language, and proximity to the border cannot be the basis of an investigation.

“Vermonters have made clear through their elected representatives that they want state and local law enforcement to be focusing on state and local issues,” said Lia Ernst with the ACLU of Vermont. She says Stonegarden is crossing the line. “They don’t want their police to be a cog in the mass deportation machinery of any administration but particularly the Trump administration,” Ernst said.

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The ACLU and other critics are concerned that Stonegarden creates a cozy relationship between local police and immigration officials that can be used to enforce the president’s immigration crackdown.

Heintz says the distinction between civil and criminal immigration enforcement can be fluid. In most civil cases in which the feds seek to deport, Vermont law enforcement can’t play a role because it’s against the law. In criminal cases, which local police can enforce, immigrants can be detained and charged.

“An operation may start out appearing to focus on a federal criminal immigration issue and may turn into a civil one over the course of that investigation,” Heintz said.

“There is a lot of nuance to it,” admitted Sullivan. He insists his department is not the long arm of federal law enforcement and is instead focused on crime, including guns, drugs, and human trafficking. However, if someone is caught in the act of crossing the border illegally, that constitutes a crime, and the chief said he calls for federal backup. Though he said that rarely happens.

“It’s a criminal violation to cross the border outside of a port of entry, and technically, we could take action on that. But again, we’re not here to enforce civil immigration while working Stonegarden,” Sullivan said.

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