A Case of Vermont Shame

(and an appeal to SCOTUS)

I have undertaken a Petition to the United States Supreme Court on behalf of the Politella family. I do not normally practice law. This is how I got involved.

(Leo and Shujen Politella)

When I first read about the Vermont Supreme Court’s decision in Politella v. Windham Supervisory Union et al, I was shocked that any court would deprive parents of such a basic right as control over their child’s medical care. Tony Politella specifically requested that his son Leo not be vaccinated at the school clinic, and yet he was jabbed anyway. The Vermont Supreme Court ruled that the federal PREP Act insulated the school and state from any suit for wrongdoing, depriving the family – and any other families similarly situated in the future – of the opportunity to find out what went wrong, or tell their story in a court of law. This is not what Congress intended when it granted immunity to vaccine manufacturers.

Vermont claims to be the modern bastion of liberties, ensconcing abortion through the full term in its Constitution, as well as an amendment clarifying the end of slavery here. How, then, could the Vermont Supreme Court so completely ignore such fundamental liberties? Even if the Court correctly determined that the PREP Act applied, the US Constitution is a higher law and the violations of basic rights to bodily integrity of a 6-year-old should eclipse even the PREP Act. Instead, Vermont’s highest court hid behind the PREP Act and ignored constitutional rights entirely.

This is why I found the case so upsetting. As a grandfather, I know I would be furious if one of my grandchildren were injected with an experimental vaccine after their parents had been assured they would not be! 

I called Ron Ferrara, the attorney who represented the Politellas, to tell him how upsetting I found the decision. Ron was upset and surprised by the decision. I told Ron I wanted to help his clients find a law firm to challenge the Vermont Supreme Court by filing a Writ of Certiorari with the United States Supreme Court.

After two weeks of reaching out to potential attorneys who handle these types of cases, I found no lawyers who would take the case pro bono — for free. The Politellas lack the financial means to hire counsel, and lawyers can only take so many free cases. Ron and I agreed to keep the case moving and ensure it did not lapse — that is, we had ninety days from the Vermont Supreme Court’s decision to challenge it in the US Supreme Court, and we became determined to make sure that happened.

And so I agreed to work together with Ron Ferrara to file the Petition for Writ of Certiorari. We are concurrently raising funds to cover expenses and perhaps something toward legal fees. Our commitment to the Politellas is that this appeal will not cost them anything. We will keep that pledge.

Raising money for legal fees serves several important purposes. For one thing, there are costs related to this case and Ron and I are not permitted by ethics rules to pay those ourselves: we must raise that money so the Politellas will not be liable. Also, Ron is very devoted to our clients but he carries high staff, office, and insurance overheads that I do not — working for free is not free for Ron. But perhaps most importantly, a fundraiser helps inform people about the Politellas’ experiences and their legal battle. All Americans should agree that this incident was unacceptable, and the Court’s decision is offensive to basic parental and patient rights!

This is why I have taken this case where I otherwise do not practice law. This Vermont decision cannot be allowed to stand. Or at least, not without as strong of a challenge as we can muster!

Please support this important cause, either with a donation, or by sharing this Substack and the Politellas’ story far and wide. The Vermont Supreme Court decision in Dario Politella and Shujen Politella v. Windham Southeast School District et al. must be overturned as the terrible law that it is. The decision is a case of Vermont shame for the world to see. Please support the Politellas by sharing their story!