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 .
Ready Capital Corporation Announces Pricing of Public Offering of Senior Notes Due 2029Newcastle's No.1 Sportsground is one step closer to hosting top-flight sport after the council approved a planned $3.65 million upgrade of its grandstand. Login or signup to continue reading However, the upgrade is likely still some time away given City of Newcastle chief executive Jeremy Bath said the project was not yet budgeted for and the council would pursue a state or federal government grant. The council l odged plans in January for long-awaited improvements, the second stage of works designed to attract elite games. The project, which includes a new two-storey addition on the back of the grandstand to accommodate new change rooms and a glass-walled hospitality room upstairs, was given the green light at council's final meeting of the year on Tuesday night. The plans won unanimous approval from councillors. Ward once councillor Peter Gittins voiced his support of the project and highlighted the need for an upgrade to a venue which has not hosted first-class cricket since 2015. "I had a conversation two months ago with the CEO where we both expressed our desire to see Newcastle once again have a quality facility that can host cricket for all genders, rugby league, rugby union, whatever sport," councillor Gittins said. "This renovation will enable us to do that, and having played a lot of football on that sportsground many years ago, it is great to see that it's back in the limelight, that we can lay claim to a facility in the future that will enable Newcastle to host competitive sport at a regional, state and hopefully international level." An $8 million first stage of works at No.1 Sportsground completed in 2022 included improving and expanding the playing surface to the minimum size for high-level AFL and cricket fixtures as well installation of new floodlights. But it still left the inner-city venue short of meeting modern-day requirements to host elite sporting fixtures. It is hoped stage two, which Bath said would ultimately cost more than $5 million, will make it fit for purpose. The plans include new ground-level change rooms, two umpire rooms, two doctor rooms, two massage rooms, two multi-purpose spaces, three store rooms, a lift, the upstairs social room with kitchen, servery and cool room, and two team viewing rooms upstairs. The new upstairs kitchen, servery and "social room" will reduce the grandstand's seating capacity by 122 to 588. When works will begin, however, are not yet known. "This DA allows us to obviously commence construction," Bath said before approval was gained. "There is no funding in the current year's capital works program for this project. "As an organisation, we're just starting the process now of working on next year's capital works program. "I'm not in a position tonight to be able to comment that funding will be in next year's capital works program for the budget. "But, what it does do, if the council ultimately decide to approve the DA is it opens up a range of grant opportunities where the grants are conditional upon the project having an approved DA." Ward one councillor Charlotte McCabe noted a previous grant application for the proposed upgrade had been unsuccessful but said council's approval would allow the project to be "shovel-ready". "It would allow council to continue to apply for grants to the NSW government," councillor McCabe said. Renee Valentine is a sports journalist with more than 20 years of experience in Newcastle. She is passionate about increasing the visibility of sportswomen in the media. Got a sports story, email Renee at r.valentine@newcastleherald.com.au Renee Valentine is a sports journalist with more than 20 years of experience in Newcastle. She is passionate about increasing the visibility of sportswomen in the media. Got a sports story, email Renee at r.valentine@newcastleherald.com.au DAILY Today's top stories curated by our news team. Also includes evening update. WEEKDAYS Grab a quick bite of today's latest news from around the region and the nation. WEEKLY The latest news, results & expert analysis. WEEKDAYS Catch up on the news of the day and unwind with great reading for your evening. WEEKLY Get the editor's insights: what's happening & why it matters. WEEKLY Love footy? We've got all the action covered. WEEKLY Every Saturday and Tuesday, explore destinations deals, tips & travel writing to transport you around the globe. WEEKLY Get the latest property and development news here. WEEKLY Going out or staying in? Find out what's on. WEEKDAYS Sharp. Close to the ground. Digging deep. Your weekday morning newsletter on national affairs, politics and more. WEEKLY Follow the Newcastle Knights in the NRL? 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NoneWASHINGTON (AP) — Democrat Adam Schiff stood on the Senate floor almost five years ago as a House impeachment manager and made a passionate case that Donald Trump should be removed from office for abusing the power of the presidency. “If right doesn’t matter, we’re lost,” he told the senators, his voice cracking at one point. The Republican-led Senate wasn’t convinced, and senators voted to acquit Trump on the Democratic-led impeachment charges over his dealings with Ukrainian President Volodymyr Zelenskyy. Trump would survive a second impeachment a year later after his supporters stormed the Capitol and tried to overturn his defeat. Now Trump is headed back to the White House, politically stronger than ever and with a firm hold over what will be a unified Republican Congress. And Schiff, one of Trump’s biggest foils, was sworn into the Senate on Monday as part of a Democratic caucus that is headed into the minority and has been so far restrained in opposing the returning president, taking more of a wait-and-see approach in the weeks before he is sworn into office. As California’s newest senator , Schiff says he’s not going to shy away from familiar territory — opposing Trump when he feels it necessary. But he’s also hoping to be known for bipartisanship, as well, after campaigning in Republican areas of his state and working to learn more about rural issues that weren’t in his portfolio in his urban Los Angeles House district. “I think being there and letting folks get to know me, kick the tires a bit, helps overcome some of the sort of Fox News stereotypes,” Schiff said of the conservative news channel’s focus on him as he challenged Trump in his first term. He says he also sees that outreach as a way to gain insight into Democrats’ way forward after losses in the November elections. Schiff was sworn in weeks before the new Congress convenes on Jan. 3 because he is filling the seat of longtime Democratic Sen. Dianne Feinstein, who died last year . He is entering the Senate alongside Democratic House colleague Andy Kim of New Jersey, who is filling the term of former New Jersey Sen. Bob Menendez after he was convicted on federal bribery charges and resigned . Bipartisanship was important to Feinstein, who often worked across the aisle and developed close relationships with other senators. But her work with Republicans also drew frequent criticism from California’s liberal voters. Feinstein “was able to do a couple things simultaneously, which I’m going to need to try to do as well, and that is work with others to deliver for the state, work across party lines to get things done, and at the same time, stand up and defend people’s rights and their freedom and their values when those things are threatened,” Schiff told The Associated Press in an interview ahead of his swearing-in. He says those priorities will frequently be at odds in the era of Trump, “and so I’ll have to try to do both.” Democratic Sen. Brian Schatz of Hawaii, who has spent time with Schiff as he prepares to enter the Senate, says he thinks Schiff has the “right approach” in asking questions of other senators and refraining from “opining at every opportunity.” “Everybody understands his capabilities, but he also understands that he’s a freshman,” Schatz says, and it’s appreciated when “someone of his stature understands that he’s joining a team here.” Still, Schiff, who was censured by House Republicans last year for his involvement in investigations into Trump’s ties to Russia, won’t be able immediately to shake his longtime role as a chief Trump antagonist. The former House Intelligence Committee chairman is more well-known than most of his fellow incoming freshmen, and he has been calling Trump out on social media in recent weeks and criticizing some of his Cabinet nominees as many of his fellow Democrats have chosen to remain quiet. Schiff posted on X last week that FBI director nominee Kash Patel , a former GOP staffer on the House intelligence panel, is “more suited as internet troll than FBI Director” and the “Senate must reject him.” He could become part of the story as well as Trump has vowed revenge on people he views as his political enemies. President Joe Biden has been considering preemptive pardons for aides and allies like Schiff who tried to hold Trump accountable for his efforts to overturn the 2020 election. Trump once suggested Schiff should be arrested for treason and has called him an “enemy from within.” Schiff, though, says he doesn’t think that’s necessary. He said Biden shouldn’t use his remaining days in office to defend him or any others who are in Trump’s crosshairs. And the former prosecutor has long experience in defending himself from Republican attacks. After the House censure, which happened when fellow California Rep. Kevin McCarthy was speaker and Schiff was already running for Feinstein’s Senate seat, Schiff traveled to McCarthy’s district and met with local leaders. When a conservative news outlet there asked him what he thought of McCarthy calling him a liar, “I responded something along the lines of, well, coming from Kevin, I’m sure he means that as some form of a compliment,” Schiff said. Schiff is unlikely similarly to go after his colleagues in the Senate, which he says “is a very different place culturally than the House.” He’s already tried to make inroads with Republicans, including incoming Sen. Tim Sheehy of Montana, whom he has talked to about working together on wildfire legislation important to both of their states. And he could possibly win some grudging respect from more veteran Senate Republicans, some of whom praised him during the 2020 impeachment trial even as they vehemently disagreed with his premise and voted not to convict Trump. After the first day of arguments, South Carolina Sen. Lindsey Graham shook his hand and told him he was doing a good job. South Dakota Sen. John Thune, who will become Senate majority leader next year, said at the time that Schiff “was passionate and his case has been well articulated.” Schiff said he got the sense that some Republican senators “were a bit surprised that I wasn’t this caricature,” and also that the Senate is a more collegial place than the House. “I don’t think it was a hurtful introduction,” he said.
Zebra Technologies Corp. Cl A stock outperforms competitors despite losses on the dayEXCLUSIVE Moment careless Evri driver drops parcels onto doorstep before hurling another package over a fence and running away - as shopper vows never to use courier again By JOSE RAMOS Published: 20:00 GMT, 7 December 2024 | Updated: 20:12 GMT, 7 December 2024 e-mail 16 View comments This is the shocking moment a delivery driver throws a parcel across a garden fence in broad day light. The man is seen carrying three plastic bags with him as he approaches the house before he drops two of them at the front door of the property in Barnsley, South Yorkshire. Following that, the Evri driver, wearing a beanie, a black puffer jacket and blue track bottoms, is seen hurling the bigger parcel across a fence onto a neighbouring property before running away. A thwack can be heard in the video as the parcels are thrown onto the floor. The video captured on doorbell footage on Saturday shocked Vicky Hartley who had just ordered a pair of new boots from Clark's for her mother Patricia, 70, ahead of Christmas . The 35-year-old NHS worker could not believe her eyes when she saw the footage on her phone. Speaking to MailOnline, she said: 'I wasn't home at the time of the delivery but I heard the notification pop up on my phone. I saw it right away and was shocked at how careless it was, without any thought of who it was being delivered or for who it was. 'I have had issues with Evri in the past when they take pictures for proof of delivery and then when you go try to find the parcels you can't see them anywhere. This is the shocking moment a delivery driver throws a parcel across a garden fence in broad day light The driver is seen carrying three plastic bags with him as he approaches the house before he chucks two of them at the front door of the property in Barnsley, South Yorkshire The man, wearing a beanie and a black puffer jacket and blue track bottoms, is seen hurling the bigger parcel across a fence unto a neighbouring property 'I paid a fiver for the delivery and because the weather has been awful and it was just thrown unto the floor, the box was all damaged. That wasn't money well spent at all.' She added: 'I'm never getting a parcel with Evri again'. Ms Hartley contacted Evri through its automatic customer service messaging service and was told someone would be in touch with her. 'I was really surprised at the lack of care that was taken by the delivery driver. 'I would like a refund for my whole order because the box was all smashed up. 'Just imagine if I had ordered an expensive thing like a computer or something else. 'I'm not wanting a full refund for what happened. The box is all smashed up.' A spokesperson for Evri said: 'Every parcel matters to us and we're committed to instilling this culture amongst everyone who delivers on our behalf. 'This footage does not reflect the high standards we usually see from our couriers who receive an average customer rating of 4.7 out of 5 stars. 'This courier will no longer be delivering on behalf of Evri.' This isn't the first time the courier has got into trouble for the careless way its drivers appear to handle the packages. A thwack can be heard in the video as the parcels are thrown unto the floor After throwing the parcels and leaving them for anyone to take, the man then runs off into the distance As previously reported, in April a delivery driver was seen carelessly throwing parcels out of his van and into a gutter in front of a disgusted customer. The courier in Torquay, Devon, hurled the packages, which are a range of sizes, in front of photographer Maciej Olszewski, who was worried one of the items could be his new camera. A growing pile of parcels was scattered along the gutter below the pavement just a couple of yards away from a drain. With the rear door of the van open, a brown cardboard box could be seen getting chucked from inside the vehicle and into the gutter before a softer bright blue package joined it on the side of the road. Evri told The Sun that the driver responsible had been put on a 'training course' but remains employed by the firm. The company added that they take their responsibility to 'care' for every parcel 'seriously'. Mr Olszewski, who was on his way to work when he witnessed the incident, said he had received damaged packages before. 'I thought 'what the f*** could this be my new camera?'' he said. 'Someone could have stolen them just as easily.' Read More Shocking moment Evri delivery driver carelessly throws parcels into the GUTTER in front of disgusted customer In December last year, the Mail went undercover at the delivery company after it was dubbed Britain's 'worst' courier firm. We found a workforce, scrambled together following minimal training, battling to earn minimum wage in all weathers — to which those soggy parcels can testify. Desperate for drivers in the run-up to Christmas, and amid what was billed as the 'biggest recruitment drive in our history', the Mail reporter was offered work by Evri within hours of completing an online application. Having then received just three hours of face-to-face training he was immediately sent out on the road with a car-load of 30 parcels. While Evri claims that drivers 'have the chance to earn a competitive rate of £10 to £15 per hour', he discovered that to hit those figures, he needed to deliver a parcel at a rate of one every couple of minutes — a tall order. A large carboard box parcel can be seen getting chucked out of the white van and onto a growing pile of packages lying in the gutter This is the shocking moment an Evri delivery driver carelessly throws parcels out of his van and into a gutter in front of a disgusted customer It meant that over four days spent collecting, loading and delivering from a depot in the Midlands, on no day did his basic pay reach the minimum wage of £10.42 an hour. Evri, meanwhile, insists 'new starters' like our reporter would in fact earn in excess of that figure because they are given bonus payments for the first few days to make up for their lack of experience. In January a mother was left fuming after spotted her alleged Evri driver launching her parcel into the front garden like a frisbee. Beth Robyn had ordered a gift for her son but soon realised the contents of the parcel were damaged after opening it. When the mother from Keighley, West Yorkshire, went to analyse the footage she saw how the parcel was chucked towards the door instead of the delivery driver walking a few feet up the path to safely deliver it. Ms Robyn took to social media on January 8 to share the shocking footage, playfully writing: 'Seems Evri now have a new way to deliver.' She later added: 'After communication with Evri, the driver has been removed from the service. 'I've reported it as damaged from the company as well. A friend of mine has had the same today from the same area and apparently, he's allowed to do that as long as it's on the property.' The post received over 160 likes and dozens of comments from Brits left unimpressed by the driver's actions. One person wrote: 'Why on earth did he leave his car door wide open while he had a car full of parcels while people were walking past, is what I can't get over. Because he couldn't keep his eyes off those kids near his car.' An Evri spokesperson said at the time: 'Our ambition is that every customer's experience is a positive one. We've apologised to Ms Robyn and provided a goodwill payment. 'This delivery falls below the standards we expect and the courier will no longer be delivering on behalf of Evri. 'They added: 'We work with over 20,000 couriers on a day-to-day basis, the vast majority of which are honest and hard-working local people, delivering parcels in their own communities with an average star rating of 4.7 out of 5.' Share or comment on this article: Moment careless Evri driver drops parcels onto doorstep before hurling another package over a fence and running away - as shopper vows never to use courier again e-mail Add comment
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