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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. 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. “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. 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.” John Klar, who also represents the Politellas, went a step further, telling the AP that the Vermont Supreme Court ruling means that “as a matter of law” schools can get away with vaccinating students without parental consent and that parents can only sue on the federal level if death or serious bodily injury results. — Find AP Fact Checks here: https://apnews.com/APFactCheck .
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Rahm Emanuel: Democrats should 'welcome' Musk's DOGE commissionLOGAN, Utah (AP) — Mason Falslev scored 27 points as Utah State beat South Florida 88-67 on Saturday night for the Aggies' best start in school history. Falslev had nine rebounds, nine assists, and three steals for the Aggies (10-0). Ian Martinez scored 15 points while shooting 4 for 12 (1 for 6 from 3-point range) and 6 of 6 from the free-throw line and added five assists. Karson Templin finished 5 of 8 from the field to finish with 12 points. Quincy Adekokoya led the Bulls (5-5) in scoring, finishing with 12 points. Kasen Jennings added 11 points and five assists for South Florida. Brandon Stroud finished with 10 points and two steals. NEXT UP Up next for Utah State is a Tuesday matchup with UCSD at home, and South Florida hosts Bethune-Cookman on Wednesday. The Associated Press created this story using technology provided by Data Skrive and data from Sportradar .
FACT FOCUS: Vermont ruling does not say schools can vaccinate children without parental consentDiplomatic Security Service agents stop serial killer, only to be ignored by leadershipPrime Minister (PM) Narendra Modi, during his two-day visit to Kuwait, underscored the growing importance of trade and commerce in strengthening the bilateral ties between India and Kuwait, news agency ANI reported. PM Modi visited Kuwait at the invitation of Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, the Emir of the State. This marks the first visit by an Indian PM to Kuwait in 43 years. In an interview with Kuwait News Agency (KUNA) on Saturday, he highlighted the significant rise in two-way trade, emphasising their energy partnership and the increasing presence of 'Made in India' products across various sectors in the Middle Eastern country, ANI reported. "Trade and commerce have been important pillars of our bilateral relationship. Our bilateral trade has been on an upswing. Our energy partnership adds a unique value to our bilateral trade," PM Modi said. "We are happy to see 'Made in India' products, particularly in automobiles, electrical and mechanical machinery, and telecom segments making new inroads in . India today is manufacturing world-class products at the most affordable cost. Diversification to non-oil trade is key to achieving greater bilateral trade," he added. According to ANI, he also spoke about deepening the potential for collaboration in diverse fields such as health, technology, digital innovation, and textiles. further said that India and Kuwait share a deep and historic bond, and the relationship between both countries has always been one of warmth and friendship. He noted that the crosscurrents of history and exchanges through ideas and commerce have brought the people of both nations closer together, KUNA reported. "We have traded with each other since time immemorial. The discoveries in Failaka Island speak of our shared past. The Indian Rupee was a legal tender in Kuwait for over a century until 1961. This shows how closely our economies were integrated," PM Modi told KUNA. He added, "Overall, the bilateral ties are progressing well and, if I could say, scaling new heights. I eagerly look forward to my talks with His Highness the Emir to elevate our ties in various areas including defence, trade, investment, and energy. The strong roots of our historical ties must be matched by the fruits of our 21st-century partnership – dynamic, robust, and multifaceted. There is a lot we have achieved together, but the possibilities are limitless for our partnership. I am sure this visit will give new wings to it." Earlier on Sunday, PM Modi received a rousing ceremonial welcome and a Guard of Honour in Kuwait during his state visit to the country. He was accorded a ceremonial Guard of Honour at the Bayan Palace, Kuwait, with the Emir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, also present during the ceremony. Details of the meeting were shared by the Spokesperson of the Ministry of External Affairs on X. "A special welcome on a historic visit! PM @narendramodi arrives at the Bayan Palace in Kuwait to a ceremonial welcome and Guard of Honour. Warmly received by HH Sheikh Ahmed Abdullah Al-Ahmed Al-Sabah, PM of Kuwait. Extensive talks with HH the Amir, Crown Prince, and PM of Kuwait lie ahead," wrote. On Saturday, PM Modi visited the Gulf Spic Labour Camp in Kuwait, where he interacted with Indian workers and highlighted their contribution to the country's development. PM Modi spoke about the aspirations of Indian workers, linking them to his vision for a "Viksit Bharat 2047."Black Friday 2024 freebeat Brings Global Discounts and a Chance to Win Its Flagship Lit Bike
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An Alberta mayor says his town’s vote to ban decorative flags and crosswalks from public property reflects democracy in action, while others say it’s a step in the wrong direction. More than 1,100 residents of Barrhead, Alta., voted Monday for a bylaw that would bar such adornments, like those recognizing the LGBTQ+ community, from municipal land. Roughly 57 per cent of those who went to polls in the town northwest of Edmonton voted yes to council passing the "neutral space bylaw." The bylaw was drafted after a petition signed by more than 700 people called for neutrality. “Council responded to the valid petition in accordance with the (Municipal Government Act) and gave the community the opportunity to voice their opinions," Dave McKenzie, mayor of Barrhead, said in a statement Tuesday. “The results demonstrate that approximately one-third of eligible voters took part in this important decision, ensuring a larger representation of the community had a say in the matter.” Under the act, petitions with signatures from at least 10 per cent of an area’s population must go before council. The town said council would pass the bylaw and begin removing existing crosswalks or flags that violate it, including a Pride crosswalk, a disability pride crosswalk, a Royal Canadian Legion flag and a Treaty 6 flag. "There were a lot of happy faces last night," said Ard Doornbos from Barrhead Neutrality, the group that organized the petition. Doornbos said the group, which began petitioning in June, took inspiration from the nearby town of Westlock. That community passed a similar bylaw in February, after its residents argued governments should not promote some people over others. Barrhead residents were concerned their crosswalks, which the town had billed as decorative, were becoming "crosswalks for causes," he said. "We're not against any of these causes or groups," he said. "We simply think it does not belong on public property. "If you want to look for ways to communicate your cause, there are several other ways that you can do that. But public property is not the place for that." United Conservative Party legislature member Glenn van Dijken said in a statement that residents of the town, which is in his riding, engaged in thoughtful discussion before Monday’s vote and its result “reflects the will of the community.” Janis Irwin, an Opposition NDP legislature member raised in Barrhead, told reporters the result was "disheartening" and she worries for young diverse people in the town. She said she felt honoured to witness Pride crosswalks painted there in 2022 and 2024. Barrhead is still a safe and welcoming town, Irwin said, but she's concerned by the removal of things like its flag for Treaty 6, which includes First Nations across central Alberta and Saskatchewan. "Neutrality benefits the oppressor," Irwin said. "I don't think it's neutrality at all. "I don't want to say that it was a response in hate. It just shows that we have a whole lot more work to do to educate and inform our province." Doornbos said people of all stripes live in Barrhead and that the vote won't change how people can find ways to support each other. This report by The Canadian Press was first published Dec. 3, 2024. Aaron Sousa, The Canadian Press
No. 22 Xavier aims to keep its perfect record intact Monday night in Fort Myers, Fla., when it takes on South Carolina in the Fort Myers Tip-Off. The Musketeers (5-0) are coming off an 80-55 victory on Wednesday over Siena, while the Gamecocks (3-2) beat Mercer on Thursday 84-72. Against Mercer, South Carolina sank a season-best 12 3-pointers -- tied for the fourth-most in a single game under third-year coach Lamont Paris. Jamarii Thomas, a senior transfer from Norfolk State, had 19 points and swished 4 of 5 shots from behind the arc. "Thomas got some good, clean looks," Paris said. "It was good to see those guys make their shots. Hopefully it gets those guys going in the right direction." On the season, the Gamecocks are making 7.8 3-pointers per game and shooting 32.5 percent from deep. Senior guard Jacobi Wright makes a team-best 1.8 3-pointers per game and shoots 37.5 percent from behind the arc. At 13.0 ppg, he is second on the team behind Collin Murray-Boyles (15.8). Xavier is allowing eight makes from deep per game and is letting opponents shoot 38.5 percent from behind the arc, which ranks 337th in the country. And despite an undefeated record so far for the Musketeers, third-year coach Sean Miller is worried about his players developing bad habits. "We have a virus that everybody is looking at the stat sheet, trying to get as many points as they possibly can," Miller said after the win over Siena. "They want to win, but they really want to win and score. We need a couple of guys that are willing to rebound, defend, make the extra pass, play at a high level defensively and understand what makes a team great." Marcus Foster did a decent job of doing a little bit of everything for Xavier against Siena, piling up 12 points, five rebounds, five assists and a steal. It was the first double-digit scoring outing for Foster -- a grad transfer from Furman -- in a Xavier uniform. Since 2008, Xavier is 25-11 against teams from the Southeastern Conference, but it hasn't played South Carolina in that stretch. --Field Level Media
