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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 postal worker allegedly threw away mail she was supposed to deliver for months

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Vermont postal worker allegedly threw away mail she was supposed to deliver for months


Crime

During a search of a dumpster where the worker allegedly discarded the mail, police found several packages and holiday cards.

A Vermont postal worker was cited and suspended for allegedly throwing away mail that was supposed to be delivered to other people, according to police.

Natasha Morisseau, 34, of North Troy, was cited on nine counts of petty larceny and five counts of unlawful mischief, Vermont State Police said in a statement. She works as a mail carrier for the town’s United States Postal Service (USPS) office.

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Officers were first alerted to the discarded mail on the afternoon of Jan. 23, according to police. Upon finding the mail in a dumpster on Elm Street in North Troy, they determined that none of it was for that address.

Police identified Morisseau as a person of interest and learned that she was a postal employee. They confirmed that she had regularly been throwing away a small amount of mail under her care since at least October 2025, according to the statement.

After searching the dumpster and Morisseau’s mail vehicle, officers found opened and unopened packages, along with several holiday cards, one of which contained money. Morisseau was later cited Feb. 14 and is due to appear March 17 in Vermont Superior Court, police said.

Since Jan. 23, Morisseau has been suspended by USPS, and all recovered mail has been given back to them for delivery, according to the statement. The case has been forwarded to the USPS’ Inspector General for further review.

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Vermont Air National Guard joins Iran campaign – The Boston Globe

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Vermont Air National Guard joins Iran campaign – The Boston Globe


On a typical day, some of the 20 stealth fighter jets based in South Burlington, Vt., take off from tiny Burlington International Airport for training runs near the northern border. In recent months, they’ve flown much farther afield.

The Vermont Air National Guard’s 158th Fighter Wing was deployed in December to the Caribbean, where it took part in the US campaign to capture Venezuelan President Nicolás Maduro. Shortly thereafter, the squadron joined a military buildup in and around the Middle East to prepare for US and Israeli airstrikes against Iran.

Though both deployments had been widely reported, the military remained mum about the whereabouts of Vermont’s F-35A Lightning II jets. Even Governor Phil Scott, technically the commander of the Vermont Guard, said he only knew what he’d read in the news, given that US military leaders were directing the missions.

On Monday, General Dan Caine, chairman of the Joint Chiefs of Staff, confirmed the deployments at a Pentagon press conference about the war on Iran. Caine praised National Guard members from Vermont, Wisconsin, and elsewhere.

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“In the case of the Vermont Air National Guard and the 158th Fighter Wing, they were mobilized for Operation Absolute Resolve,” Caine said, referring to the Venezuela campaign. “And then were tasked to take their F-35As across the Atlantic instead of going home, to be prepared to support this operation” in the Middle East.

Much remains unknown about the Vermont Guard’s recent missions, including the precise role they played in Venezuela and Iran, where the jets are currently based, and how long they’ll remain.

The Guard did not immediately respond to requests for comment., Its recently elected leader, General Henry “Hank” Harder, said in a statement that the force was “proud of the dedicated and professional service of our Airmen” and pledged to support their families in the meantime.

“We will continue to carry out our commitment to these Vermont Service Members until, and long after, they return from this mission,” Harder said.

Vermont’s three-member congressional delegation, meanwhile, has praised Vermont Guard members for their service in Venezuela but has criticized President Trump’s campaigns there and in Iran, particularly absent congressional authorization.

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“The people of our country, no matter what their political persuasion, do not want endless war,” said Senator Bernie Sanders, an independent, echoing similar remarks from Senator Peter Welch and Representative Becca Balint, both Democrats. “We must not allow Trump to force us into another senseless war. No war with Iran.”


Paul Heintz can be reached at paul.heintz@globe.com. Follow him on X @paulheintz.





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In Vermont, small town meetings grapple with debate on big issues

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In Vermont, small town meetings grapple with debate on big issues


Tuesday is town meeting day in Vermont. Municipalities in New England and elsewhere are increasingly grappling with major national and international issues at the local level.

JOSEPH PREZIOSO/Getty Images


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JOSEPH PREZIOSO/Getty Images

If you haven’t lived in certain New England towns, it can be hard to fathom their centuries-old direct democracy-style Town Meetings, where everyday residents vote on mundane town business such as funding for schools, snow plows and road repairs.

These days, voters are also being asked to weigh in on national and international issues, for example, demanding the de-funding of ICE, and condemning “the unprovoked attack and start of an illegal and immoral war against Iran.” It’s all fueling a separate – and fierce– debate on what towns ought to be debating.

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“When you have people sleepwalking into an authoritarian regime, it’s up to us to sound the alarm,” insists Dan Dewalt, an activist in Newfane, Vermont, one of several communities where residents scrambled to draft a resolution against the Iran war in time for their annual Town Meeting on Tuesday.

Local resolutions are a uniquely effective tactic, activists and experts say, and they’re being used increasingly around New England and beyond, especially as national politics have become so polarized.

“People feel isolated, helpless and hopeless. And when you hear about other people who are just like you taking a stand and representing something that you believe, that gives you not only hope, but it gives you power,” said Dewalt.

Several other Vermont towns will be considering resolutions Tuesday calling for the removal of the president and vice president “for crimes against the U.S. Constitution,” while many others will vote on a pledge to ” to end all support of Israel’s apartheid policies, settler colonialism, and military occupation and aggression.”

A similar divestment resolution passed 46 -15 in Newfane last year, following hours of heated argument over the plight of Palestinians, the security of Israelis, the “inflammatory” language of the resolution – and whether such problems half-a-world away even belong on the agenda of the tiny town of just about 1,650.

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“It’s a Town Meeting for town issues,” Newfane resident Walter Hagadorn declared at a recent Select Board meeting, where residents pressed board members to block any future resolutions not directly related to town business.

“You shouldn’t be subject to hours and hours of people virtue signaling” and trying to “hijack Town Meeting,” Hagadorn said.

Others agreed, suggesting activists host a debate on their issues at another time and place, or stage a rally or protest instead.

But Select Board member Katy Johnson-Aplin pushed back, saying that would not have the same impact.

“It doesn’t work the same way,” Johnson-Aplin said. It’s only when the issue is formally taken up at a Town Meeting that “it goes in the newspaper and it’s recorded that the town of Newfane has agreed to have this conversation.”

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University of Pennsylvania political science professor Daniel Hopkins has been watching the growing movement of local communities taking a stand on issues far beyond town lines.

“This is a trend we’re seeing increasingly across the 50 states and in a variety of ways but I think it has taken on a new and potentially more concerning edge,” Hopkins said. “I worry that we are in an attention-grabbing, sensation-rewarding media environment in which the kinds of issues that engage us at a national level may further polarize states and localities and make it harder for them to build meaningful coalitions on other issues.”

Indeed, in Newfane, the resolution regarding Israel became so divisive that some residents decided not to even come to last year’s Town Meeting, according to Select Board vice-chair Marion Dowling.

In Burlington, where a similar resolution was proposed, City Council President Ben Traverse says things got so heated, he and his family were getting harassing phone calls and even death threats. Burlington city councilors voted in January to block the question from going to a popular vote.Vermont has a history of “big issue” resolutions, from the push for a Nuclear Arms Freeze in the 1980’s, to calls to ban genetically modified foods in 2003. Dewalt, the Newfane activist, was behind several of them, including calls to impeach then-president George W. Bush in 2006, which got him invited to talk about it on network TV shows, and quoted in The New York Times.

“I can guarantee you if I stood up on my soap box and made a declaration of the exact same wording, I wouldn’t have had anybody asking me questions about it, he said. “We’re not pie-in-the-sky here about the power of our Newfane Town Meetings, but our actions have consistently had an impact.”

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But opponents say activists overstate the impact of their resolutions, and their victory. They say it’s disingenuous, for example, to claim the town of Newfane supported the resolution against Israel, when the winning majority of 46 people was less than 3% of town residents.

“I feel like they’re using the town as a vehicle for their personal messages and that bothers me,” says Newfane resident Cris White. “It’s so junior high.”

Traverse, the Burlington City Council president, also takes issue with what he calls the “inflammatory” language of that resolution.

“The question, as presented, approaches this issue in a one-sided and leading way,” Traverse says.

In Vermont, any registered voter can get a resolution on the Town Meeting agenda by collecting signatures from 5% of their town’s voters. While elected city or town officials have the authority to allow or block the resolution, there is no process in place to vet or edit language.

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Traverse says it would behoove city leaders and voters to require an official review to ensure that language is fair and neutral, just as many states do with ballot questions. Traverse says he’s not opposed to contentious, big issue resolutions being put to local voters, but the language must be clear and even-handed.



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