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North Carolina family can sue over unwanted COVID-19 shot, court rules

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North Carolina family can sue over unwanted COVID-19 shot, court rules


A North Carolina mother and son can sue a public school system and a doctors’ group on allegations they gave the boy a COVID-19 vaccine without consent, the state Supreme Court ruled on Friday, reversing a lower-court decision that declared a federal health emergency law blocked the litigation.

A trial judge and later the state Court of Appeals had ruled against Emily Happel and her son Tanner Smith, who at age 14 received the vaccination in August 2021 despite his protests at a testing and vaccination clinic at a Guilford County high school, according to the family’s lawsuit.

Smith went to the clinic to be tested for COVID-19 after a cluster of cases occurred among his school’s football team.

The Guilford County School’s administrative building in Greensboro, North Carolina. Google Maps

He did not expect the clinic would be providing vaccines as well, according to the litigation. Smith told workers he didn’t want a vaccination, and he lacked a signed parental consent form to get one.

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When the clinic was unable to reach his mother, a worker instructed another to “give it to him anyway,” Happel and Smith allege in legal briefs.

Happel and Smith sued the Guilford County Board of Education and an organization of physicians who helped operate the school clinic, alleging claims of battery and that their constitutional rights were violated.

A panel of the intermediate-level appeals court last year ruled unanimously that the federal Public Readiness and Emergency Preparedness Act shielded the school district and the Old North State Medical Society from liability.

The law places broad protections and immunity on an array of individuals and organizations who perform “countermeasures” during a public health emergency.

A syringe is loaded with a dose of the COVID-19 vaccine at a clinic in British Columbia, Canada on April 10, 2021. AP

A COVID-19 emergency declaration in March 2020 activated the law’s immunity provisions, Friday’s decision said.

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Chief Justice Paul Newby, writing Friday’s prevailing opinion, said that the federal law did not prevent the mother and son from suing on allegations that their rights in the state constitution had been violated.

In particular, he wrote, there is the right for a parent to control their child’s upbringing and the “right of a competent person to refuse forced, nonmandatory medical treatment.”

North Carolina Supreme Court Chief Justice Paul Newby addresses the audience at the Legislative Building in Raleigh, NC on July 10, 2024. AP

The federal law’s plain text led a majority of justices to conclude that its immunity only covers tort injuries, Newby wrote, which is when someone seeks damages for injuries caused by negligent or wrongful actions.

“Because tort injuries are not constitutional violations, the PREP Act does not bar plaintiffs’ constitutional claims,” he added while sending the case back presumably for a trial on the allegations.

Associate Justice Allison Riggs wrote a dissenting opinion backed by the other Democratic justice on the court. AP

The court’s five Republican justices backed Newby’s opinion, including two who wrote a short separate opinion suggesting the immunity found in the federal law should be narrowed further.

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Associate Justice Allison Riggs, writing a dissenting opinion backed by the other Democratic justice on the court, said that state constitutional claims should be preempted from the federal law.

Riggs criticized the majority for “fundamentally unsound” constitutional analyses.

“Through a series of dizzying inversions, it explicitly rewrites an unambiguous statute to exclude state constitutional claims from the broad and inclusive immunity,” Riggs said.



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These 4 Western NC towns are among WorldAtlas favorites for 2026

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These 4 Western NC towns are among WorldAtlas favorites for 2026


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A new list from WorldAtlas named the publication’s top 10 favorite North Carolina towns of 2026, including several locations located in Western North Carolina.

Founded in 1994 by cartographer John Moen and his wife, Chris Woolwine-Moen, WorldAtlas publishes educational materials and articles on geography, sociology, demography, environment, economics, politics, and travel.

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Previous Citizen Times articles have covered numerous mentions of Western North Carolina from WorldAtlas, including “idyllic” and “unpretentious” towns, scenic drives, a favorite downtown area, and more. In the new list, published March 9, WorldAtlas writers chose their all-time favorite North Carolina towns ― almost half of which were located in the western region of the state.

Here’s what WorldAtlas had to say about mountain North Carolina towns, plus the full list and more.

What to do in Banner Elk, N.C.

WorldAtlas noted the range of activities offered in Banner Elk throughout the year. The town sits in the Blue Ridge Mountains between the Sugar Mountain and Beech Mountain ski resorts. Writers highlighted the following locations and activities in Banner Elk:

  • Wildcat Lake, which has a lifeguarded white-sand beach and is used for swimming, non-motorized boating and fishing for largemouth bass, trout, and bluegill
  • Grandfather Mountain Nature Museum, a museum located at Grandfather Mountain
  • The Mile High Swinging Bridge, the highest suspension footbridge in the United States, which visitors can cross on foot

What to do in Blowing Rock, N.C.

Also included on the WorldAtlas list, Blowing Rock takes its name from a rock formation where the wind appears to blow upward. The list highlighted the following locations and activities in Blowing Rock:

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  • The town’s namesake, “Blowing Rock,” is a rock formation known for views of Johns River Gorge and the surrounding forest
  • Fishing, spelunking and rock climbing opportunities in the area
  • Moses H. Cone Memorial Park, also known locally as “Cone Park,” which has hiking trails and is located on the Blue Ridge Parkway
  • Memorial Park on Main Street, where town events and concerts often take place

What to do in Brevard, N.C.

Brevard, also known as the “Land of Waterfalls,” is home to more than 200 waterfalls located across Transylvania County. WorldAtlas highlighted the following locations and activities in Brevard:

  • Museums, trails, rock climbing and the surrounding area’s many waterfalls
  • Guided Jeep and hiking tours to view waterfalls throughout Transylvania County
  • Veterans History Museum of the Carolinas, a museum displaying artifacts from U.S. military conflicts
  • Transylvania Heritage Museum, a museum focused on local history and genealogy

What to do in Hot Springs, N.C.

Hot Springs’ name comes from the natural springs that attract visitors from across the state and region. The springs are commonly visited by hikers seeking relief after traveling along the Appalachian Trail, which runs through the town. WorldAtlas highlighted the following activities and events:

  • Kayaking on the French Broad River
  • Trailfest, a celebration of hiking typically held in April
  • French Broad River Festival, a celebration of the French Broad River held each year on the first weekend of May
  • White-water rafting and ziplining opportunities in the area
  • Fishing, skiing, sport shooting, golf, disc golf, biking and horseback riding opportunities throughout the area
  • A range of accommodations including campgrounds, privately owned cabins, apartments, suites and cottages, with options from basic to luxury experiences

WorldAtlas’s best towns in North Carolina

The full list of WorldAtlas’s favorite North Carolina towns of 2026 included:

  • Banner Elk
  • Beaufort
  • Blowing Rock
  • Brevard
  • Davidson
  • Edenton
  • Hot Springs
  • Seagrove
  • Manteo
  • Wrightsville Beach

Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at iseaton@citizentimes.com.



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‘It was dire’: NC State professor returns from Qatar after being trapped during Iran war

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‘It was dire’: NC State professor returns from Qatar after being trapped during Iran war


An North Carolina State University professor is back home Monday night after he was trapped in the Middle East as war with Iran broke out.

Rich Spontak was stuck in Qatar while traveling from Bangkok to Spain and was forced to stay in the country for about a week. Several travelers were trapped for days in the Middle East after Iran’s
Supreme Leader Ayatollah Ali Khamenei and several defense leaders were
killed in joint strikes by the United States and Israel.

Spontak, like many travelers, found himself stranded in the Middle East after the initial attacks, which quickly entangled more surrounding countries, including Kuwait and Saudi Arabia, where seven U.S. service members were killed in retaliatory attacks from Iran.  

Spontak said there were times he thought he wouldn’t make it out.

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“I would just keep looking out and looking for the missiles,” Spontak said. “Some people that I met along the way were hit by shrapnel from the missles. It was dire.”

Airspace over Iran, Iraq, Bahrain, Kuwait and Syria remained closed, according to flight-tracking service Flightradar24. Azerbaijan also shut the southern sector of its airspace on Thursday after accusing Iran of a drone attack that injured four civilians and damaged an airport building.

Lilia Austin, a Chapel Hill woman who was part of a group of 100 women who went to Israel for a trip the day before Khamenei was killed, also returned home on Sunday after she left Israel through Egypt.

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Gov. Stein proposes $1.4B ‘critical needs’ budget for North Carolina

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Gov. Stein proposes .4B ‘critical needs’ budget for North Carolina


With North Carolina still without a new state budget, Gov. Josh Stein is urging state lawmakers to approve a $1.4 billion “Critical Needs Budget.” Stein says this budget will address the state’s most urgent priorities while the General Assembly works on a full spending plan.

“North Carolina has gone nearly two and a half years without passing a new state budget – the only state in the country to finish 2025 without one[…]This budget invests in critical public safety, education and health care services for the people of North Carolina that cannot wait,” Gov. Stein said in a press release Monday.

A major part of Stein’s proposal is $319 million to fully fund Medicaid, which provides health coverage to over three million North Carolinians. This program also supports rural hospitals, nursing homes and statewide health care providers, per the release.

JUDGE ORDERS FEMA TO REINSTATE $200M STORM RELIEF PROGRAM, ATTORNEY GENERAL SAYS

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The “Critical Needs Budget” would target public safety staffing and pay. According to the governor’s office, North Carolina currently ranks 49th in starting salaries for state troopers and correctional officers, and low pay has contributed to staffing shortages and vacancy rates. This budget would bring pay raises to correctional officers, law enforcement officers, probation and parole officers and more.

Stein’s proposed budget calls for raising starting and average teacher pay, as well as increasing pay for senior teachers and other education staff. The governor’s office said the state remains in the bottom 10 nationally in average teacher pay.

The budget proposal also includes pay increases for state employees and a cost-of-living adjustment for retired state employees, citing rising inflation costs and increasing health care premiums. Stein’s plan also includes targeted funding to maintain essential services, such as support for child care access and affordability.



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