Vermont

Vermont ACLU Lawsuit Against Department of Health Alleges Violations Undermining Legislature’s Response to Opioid Epidemic

Published

2 years ago

July 21, 2024

Vermont ACLU Lawsuit Against Department of Health Alleges Violations Undermining Legislature’s Response to Opioid Epidemic

By Gabriela Rose

MONTPELIER, VT- The ACLU of Vermont this week announced the details of a lawsuit filed against Vermont Gov. Phil Scott’s administration, charging the Vermont Dept. of Health withheld opioid settlement records and violated Vermont’s Open Meeting Law requirements.

In a statement, the ACLU said its lawsuit seeks to obtain public records concerning the Opioid Settlement Advisory Committee’s budget recommendations to the Scott administration regarding the legislature’s response to Vermont’s opioid epidemic.

The Opioid Settlement Advisory Committee is composed of public health experts, especially those with experience with substance use disorder, explained the ACLU, noting the committee was created by legislature in 2022 and is responsible for advising the DOH on how to spend Vermont’s part of opioid settlement money paid by drug companies.

The ACLU alleges the committee ranked its funding priorities in December 2023, and most votes went towards $2.6 million in funding for Vermont’s first overdose protection centers, defined as a life-saving harm reduction measure, and were adopted into the legislature this past year despite Gov. Scott’s veto.

Commissioner of Health Dr. Dr. Mark Levine was charged with presenting the committee’s final recommendations to the legislature, said the ACLU, insisting Levine presented an altered version of the Advisory Committee’s recommendations to the legislature—eliminating the recommendation to fund OPCs and reallocating the $2.6 million.

The ACLU states Dr. Levine shared a copy of the report he planned to submit to the legislature, but did not respond to many questions posed by committee members via email about the changes omitting OPCs from its recommendations.

Dr. Levine, added the ACLU, implied to the legislature that the committee had not prioritized OPCs for spending “because H.72 contains a provision for an alternate financing mechanism.”

And, that statement, noted the ACLU, was misleading because H.72 had not yet been passed or signed into law, and the legislation was later vetoed by Governor Scott.

The ACLU’s lawsuit seeks public records to challenge the Scott administration’s private alteration of the committee’s recommendations to the legislature. These records include emails within the administration before Dr. Levine removed OPCs from the Committee’s recommendations.

The ACLU statement states Dr. Levine denied the ACLU access to the correspondence, citing “executive privilege.” However, executive privilege, maintains the ACLU, only applies to direct communications with the governor about genuine executive decision-making.

The DOH’s alterations to the recommendations, informing the committee of his changes over email alone, and the failure to publish accurate minutes reflecting the committee’s consensus

Are cited in the ACLU’s lawsuit as violations of Vermont’s Open Meeting Law and the Vermont Public Records Act.

Lia Ernst, legal director of the ACLU of Vermont, said in the ACLU statement, “Claiming ‘executive privilege’ as a means of avoiding accountability is out of step with Vermont values, and it denies Vermonters their right to transparent and responsive government.”

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Vermont

Magnificent 7: Must-See, Must-Do Events in and Around Vermont, April 8-15 | Seven Days

Published

4 hours ago

April 6, 2026

Press Room

Magnificent 7: Must-See, Must-Do Events in and Around Vermont, April 8-15 | Seven Days

Perfectly Seasoned

Sunday 12

You know TV personality Alton Brown as the quirky host of hit reality cooking shows such as “Iron Chef America” and “Cutthroat Kitchen.” Now the culinary commentator and author takes the stage solo at Rutland’s Paramount Theatre for a no-frills show of his talents, trading the glitz and glamour of Hollywood for a more intimate showcase of food science, humor and heart.

Girl Almighty

Friday 10

Diana Whitney Credit: Courtesy of Beowulf Sheehan

Queer author and educator Diana Whitney launches her patriarchy-smashing poetry collection, Girl Trouble, in conversation with fellow writer Eve Alexandra at Next Stage Arts in Putney. Listeners hear unflinching takes on growing up female, adolescent trauma, rape culture and modern movements of resilience before roaring onto the dance floor to channel the grit and grace of feminism.

Fun Facts

Thursday 9

It’s no surprise that we stan Local News Day (see page 13). Journalism leaders and advocates fill Montpelier’s Kellogg-Hubbard Library for a fact-forward fête celebrating the value of civic transparency and trusted community information. A documentary screening and a panel discussion explore media ecosystems and spur dialogue about how to sustain an essential public resource.

Role Models

Saturday 11

Scale model makers and Lego lovers connect at CAN-AM Con at Williston’s National Guard Armory, where seminars and vendors complement a display contest honoring late Japanese producer Shunsaku Tamiya. Junior builders and veterans show off their finest constructions from any Tamiya kit for consideration in categories such as Best of Class and People’s Choice.

Saturday 11

Disco Inferno

The Current — Stowe’s center for contemporary art — invites philanthropic partygoers to the Lodge at Spruce Peak for Gala ’54: After Hours. The annual fundraiser boasts silent and live auctions, a cocktail reception, and chef-crafted food stations, all inspired by New York City’s glamorous Studio 54 era. Then revelers hit the dance floor to boogie oogie oogie in their flashiest disco dress.

See gallery listing at sevendaysvt.com/art

Piste de Résistance

Saturday 11 & Sunday 12

Music and winter culture festival Gather Outdoors takes Stratton Mountain Resort by storm with a superlative lineup of jam bands and electronic artists, including Philadelphia legends the Disco Biscuits and rising star Karina Rykman. The high-energy mountainside affair fuses plein air recreation with an immersive club atmosphere for an unforgettable end to the ski season.

Reading the Room

Tuesday 14

Vermont poet laureate Bianca Stone continues her “State of Poetry” tour with a stop at Phoenix Books in Burlington. Stone leads an analytical deep dive into the craft of late Nobel Prize-winning writer — and the nation’s 12th poet laureate — Louise Glück, underscoring the vital cultural impact of her contributions to American literature.

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Vermont

Aly Richards announces run for Vt. governor

Published

16 hours ago

April 6, 2026

Press Room

Aly Richards announces run for Vt. governor

NEWBURY, Vt. (WCAX) – A new face joins the race for Vermont governor.

Aly Richards, the former CEO of Lets Grow Kids, will hold her campaign announcement on Monday morning.

Richards has spent the last decade advocating for affordable child care in Vermont, including pushing for the state’s landmark child care law.

Richards’ campaign announcement will take place in her hometown of Newbury at 11 a.m.

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Vermont

Vermont ends cold weather hotel assistance for 160 households

Published

1 day ago

April 5, 2026

Press Room

Vermont ends cold weather hotel assistance for 160 households

MONTPELIER, Vt. (WCAX) – About 160 households will no longer receive hotel rooms following the end of cold weather rules for the state’s General Assistance program this week.

Anti-homeless advocates said last year the federal government authorized Vermont to use state Medicaid funds for a program that could supplement rent for people at risk of homelessness.

State leaders this week said that is not an option as Vermont is still building the program.

Vermont Human Services Secretary Jenney Samuelson said at a press conference this week the waiver gives the authority, not the funding or infrastructure to build the program.

“The state would need to put up significant investments including enrolling housing providers, landlords, developing and building IT systems,” Samuelson said. “These steps require significant time and resources.”

The state legislature and Governor Scott’s administration have been trying to wind down the use of hotels and instead ramp up shelters to get people back on their feet.

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