North Carolina
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.
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.
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 COVID-19 emergency declaration in March 2020 activated the law’s immunity provisions, Friday’s decision said.
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.”
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.
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.
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.
North Carolina
SBI IT volunteers pack 5,200 meals, 1,300 food bags for North Carolina families
Members of the North Carolina State Bureau of Investigation’s IT team volunteered this week at the Food Bank of Central & Eastern North Carolina in Raleigh, according to the SBI.
The agency said team members spent the morning helping pack food for families across the region.
By the end of the volunteer effort, the group had packed more than 5,200 meals and 1,300 bags of food.
The SBI said it appreciates the work of all members of the agency who help improve the lives of North Carolinians.
North Carolina
North Carolina’s Republican-led election board makes it easier to reject ballots
The Republican-led North Carolina State Board of Elections (NCSBE) approved a plan Thursday to make it significantly easier for county election officials to throw out votes.
The rule change — which passed in a 3-2 vote along partisan lines — lowers the threshold for rejecting the form voters submit when they don’t have photo ID.
Previously, the local election board would need a unanimous vote to reject that form and, in effect, throw out the accompanying ballot. Now, members of local boards will only need a simple majority vote — likely a boon for Republicans in many counties.
The new rule is just the latest fallout from the GOP’s partisan takeover of the NCSBE last year.
Since then, Republicans have stripped Gov. Josh Stein (D) of election oversight duties and handed them to State Auditor Dave Boliek (R), who installed GOP operatives at the state board and in his own office. That has even been controversial among some local GOP election officials.
Now Democrats are sounding the alarm about NCSBE’s latest attack on voting.
Siobhan O’Duffy Millen, one of two Democrats on the board, argued the rule change will inject partisanship into the process of counting votes.
“I think that is highly destructive to voters’ trust in elections,” she said during the meeting.
Jeff Carmon, the second Democrat on the board, argued the rule change is motivated by the national GOP’s big lie: that election fraud is widespread and unchecked.
“I think we need to really be careful, as well as be prepared, for the blowback as we continue to do what appears to be an agenda throughout the country,” he said.
Cuts at the polls
Making it easier to reject ballots wasn’t the NCSBE’s first controversy. And it won’t be the last.
Next month, the board will meet to approve early voting hours and polling locations for all counties where local boards couldn’t approve their own plans in a unanimous vote.
In some counties, board meetings have erupted into heated arguments, as voting advocates and community members fought to protect weekend voting hours and polling places that are easily accessible for minority voters and students.
Millen warned her colleagues Thursday that they will need to create overflow space for their August meeting — she’s anticipating significant turnout.
Approving early voting plans may sound like a fairly innocuous administrative task. But this year the process has been mired in controversy after GOP operative Dallas Woodhouse, the state auditor’s liaison to local boards, was caught pressuring Republican election board members to enact partisan plans that often reduced voting hours and cut polling places in locations that were seen as more favorable for Democrats.
Woodhouse, who asked local boards to make similar cuts when he served as executive director of the state GOP in 2016, resigned from the State Auditor’s office this week — evidence his pressure campaign outraged local officials from both parties.
At Thursday’s meeting, Carmon blasted Woodhouse’s actions as a pattern of attempting to improperly influence local decisionmaking.
“Given the seriousness of these allegations and the public attention that they have generated, I believe we have an obligation to establish a complete and factual record,” Carmon said. He proposed that the board subpoena Woodhouse to answer questions under oath.
But Stacy “Four” Eggers IV, a Republican NCSBE member, was quick to dismiss Carmon’s concerns.
“If we start subpoenaing those who engage in First Amendment-protected political speech to come in and discuss things with us… there’s really going to be no end to that,” Eggers said.
Public scrutiny
Partisan tensions are also running high on the local level. When Granville County’s election board met this week to finalize its early voting plans, community members showed up in force.
They filled the room, hoisted signs and vocally opposed the GOP plan to close a polling place at a convenient location for Black voters. Even Democrats on the board seemed surprised by the high turnout at a meeting that rarely attracts public attention.
But this is no ordinary election year.
Last month, Granville County board chair Larue Ulshafer, a Republican, pushed to cut one of the county’s four early voting sites and relocate two others. At that time, she deferentially referred to Boliek as “the boss.”
But then, when Woodhouse’s influence campaign came to light, she abruptly resigned.
The board met Wednesday to reconsider the plan — this time, with just four members.
Sharyn Alvarez, one of two Democrats on the board, argued that closing one of the voting site would create long lines elsewhere while also inconveniencing voters who would need to drive to a different location. Most of all, the closure was unnecessary, she said, because county leaders had just worked to secure funding to make sure the fourth polling place would remain open.
Both Democrats on the board urged their GOP colleagues to keep the voting site open, particularly given the public turnout.
“We have never had a subject that brought out this much reaction,” Alvarez said. “We’ve got to take into consideration what has drawn the public to these meetings.”
Still, the two Republican board members voted to close the polling place. Now, without a unanimous vote, the state board will get the final word on Granville County’s early voting plan at its meeting next month.
Teresa Gilreath, the second Democrat on the board, criticized local Republicans for supporting a plan that seemed to align with the partisanship emanating from the state capital.
“When you take a look at what’s happening in Raleigh, we don’t want any part of that mess. It is a hot mess,” Gilreath said. “We’re on a trajectory that we don’t need to be on.”
North Carolina
Gunman killed after opening fire outside North Carolina gay bar
Police shot and killed an armed man outside a gay bar in Asheville, North Carolina.
Shakey’s staff said in a social media post that police were called after a man who had been ejected from the bar earlier that night for concerning behavior was seen in the parking lot brandishing a gun, according to ABC affiliate WLOS. The Instagram post is no longer publicly available.
Asheville police officers responded to the dive bar around 1:57 a.m. Wednesday after receiving a report that a person had discharged a firearm, according to the department. Officers arrived to find the man firing a gun in the parking lot and returned fire, striking him. When Asheville Fire personnel arrived at the scene, the man was pronounced dead.
Phoenix man arrested for allegedly threatening to shoot up LGBTQ+ bar over Charlie Kirk killing
Asheville Police Department
“No officers were injured during the incident,” the police release states.
The North Carolina State Bureau of Investigation will investigate the officer-involved shooting. The bureau has not released further information. The name of the man killed has not been released.
Interim Police Chief Jackie Stepp told reporters, “There is no evidence at this time that suggests the shooter had any type of bias or hate motive.”
Witness Taylor Pace told WLOS that he watched the man firing from inside the bar. “I was in the window watching, and then he started firing at the building where the window was,” Pace said. “He literally pulls the gun up and starts shooting at the building. You hear them hitting the bricks, and at that point, I’m like, ‘Everyone get down.’ Everyone’s screaming. Panic, chaos, and fight or flight set in.”
Related: Shots fired at Myrtle Beach gay nightclub, one detained
According to the bar’s social media post, staff members called 911 and were advised to lock all doors to prevent the man from entering. No one else was struck by gunfire.
“There are no words to fully express how grateful we are for our staff and patrons. In a moment of fear and uncertainty, everyone came together, stayed calm, looked out for one another, and followed directions without hesitation. Watching people care for each other in the middle of such a terrifying situation is something we’ll never forget,” the bar wrote in its Instagram stories.
“Because of everyone’s quick actions, cooperation, and concern for one another, every customer and every employee inside Shakey’s made it home safely. We are incredibly thankful.
“We also want to thank the Asheville Police Department, emergency dispatchers, EMS, and every first responder who responded so quickly and professionally.
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