Children’s Health Defense (CHD) today filed an amicus brief urging the North Carolina Supreme Court to overturn the dismissal of a case involving a 14-year-old boy who was given the Pfizer COVID-19 vaccine against his will and without his parents’ consent.

In August 2022, Emily Happel and her teenage son, Tanner Smith, sued the Guilford County Board of Education and Old North State Medical Society after Smith was given a dose of the Pfizer COVID-19 vaccine — which at the time was available only under emergency use authorization (EUA) — by clinic workers at a school vaccination site. The vaccine was administered in August 2021.

Smith and Happel alleged battery, violation of a North Carolina statute prohibiting vaccination with EUA products without parental consent, and constitutional violations.

The trial court dismissed the case in February 2023 on several grounds, including that the defendants are immune under the federal Public Readiness and Emergency Preparedness Act, or PREP Act, and that relevant state laws are preempted by the PREP Act.

In March 2024, the North Carolina Court of Appeals affirmed the trial court’s dismissal of the lawsuit.

A new school year is upon us. Each new year brings more concerns about government overreach and a reminder for parents to be extra vigilant in protecting their children. 

We wanted to provide you with some warnings on what is happening in the schools this year and tips on what you can do to ensure your children remain safe. 

1) No shots, no school is not true. One of the biggest misconceptions that continues to confuse parents is that vaccines are mandatory to attend school. All NC public schools must accept a religious or medical exemption. Visit HEALNC's website to learn more and to download a sample religious exemption. 

2) Children are being surveyed and assessed for non-academic purposes. Did you know that our children are increasingly subjected to surveys during school hours? And the information being collected is not directly related to their education, but instead features questions about their mental health as well as their home life and their belief systems. The mental health information is being used to move more children into profitable psychiatric drugs. In addition, because of the U.N. agenda to make schools a "community home," many parents rightly object to questions about their personal life. It is the role of parents, not the school, to shape a child’s moral and/or religious beliefs.

According to journalist Alex Newman, schools around the country are asking young children questions that might be construed as grooming because they normalize certain behaviors. Some of the questions that have been reported are:

Privacy is the underpinning of individual liberty. Surveys and health care without parents present are detrimental to your family’s privacy. Have a conversation with your child about being aware of service providers and outside educators at school. Wise parents are telling their children to opt out of any surveys or health assessments and to let them know if anyone asks personal questions or talks to them about their emotions or health.

3) Minors can say "yes" to medical treatment without your knowledge. In NC, a child of any age can consent to a range of controversial therapies such as vaccines, birth control, psychiatric drugs, and "gender affirming" counseling without parental knowledge or consent. Check out our recent article about NC's shocking minor consent law, which is considered one of the worst in the country.

4)School Based Health Centers are being implemented across North Carolina.

There is an alarming movement afoot in public education, the establishment of School Based Health Centers (SBHC). SBHCs are a partnership between public schools and local healthcare organizations to offer care that includes but is not limited to primary care, mental health, oral health, and vision services. A copy of the SBHC contract can be obtained by calling your local school administration office. 

There are approximately 90 SBHCs currently in North Carolina. North Carolina Department of Health and Human Services (NCDHHS) reports that in July 2024 it received a $2.5 million grant from the Center for Medicare and Medicaid Services to expand its School Based Health Center services. 

Attorney Nicole Johnson, co-director of theGeorgia Coalition for Vaccine Choice, is sounding the alarm on these health centers, warning parents that they may have no insight into the medical and behavioral services that their children could receive at their school. In addition, NC-based attorney Justine Tanguay warns that parents may be providing their consent for these services without understanding what they are signing. She said, "This year, many schools will be sending home blanket consent-to-treat forms for parents to sign." These forms are not for basic treatments by a school nurse.

Cyndi O’Brien, former K-12 Counselor, Teacher, and Whistleblower, corroborates Tanguay's warning. She attended a US Department of Health and Human Services sponsored webinar on School Based Health Alliances Community Schools, and consent forms were addressed. According to the information provided in the webinar, parents sign only one consent form at the beginning of the year that gives the centers permission to administer any health services to their children for the rest of the year. 

SBHCs may actually be a Trojan Horse for medical tyranny.

In her podcast episode titled, "Are Community Schools the Back Door to Community Health," Cyndi highlights alarming information she learned during the webinar: 

• 49 states already have SBHCs. They start small, but the aim is to make them fully functioning health centers. California and Washington already have fully-functioning centers.

• All centers offer well-child exams, immunizations, dental and optometry services, and behavioral health services.

• There was an emphasis in the webinar on STD testing, which prompted Cyndi to do additional research. She discovered that these health clinics offer reproductive services, gynecological exams, gender affirming care, pregnancy testing, and contraception.

• For students who attend schools without health centers, there is sometimes transportation provided during the school days to take students to schools that have health centers.

• Telehealth will be a service provided, especially for behavioral health and primary care and for those who don't have health centers at their schools.

• Centers have begun creating contracts with pediatricians so that children can be seen at the clinic and then told to follow up with their pediatrician.

• Webinar hosts emphasized how to obtain and retain buy-in for the creation of these centers. He said that upper level staff must be contacted and met with often. People running the centers should attend faculty and staff meetings.

In addition to these disturbing facts, Cyndi reveals that Melinda Gates and Mackenzie Scott have contributed $25 million to SBHCs. Other funders of these health clinics include Big Pharma, Walgreens, the CDC, Planned Parenthood, and the National Teachers Union. 

North Carolina parents, as you send your children back to school this year, here are some ways to protect you and your children from this terrible agenda:

1. Call your local school BEFORE you sign any consent papers for your children to receive treatment to find out if your school offers this service. You may also request a copy of the contract your school has with the local healthcare organization.

2. As mentioned above, keep in mind that because of NC's extreme minor consent law, your child can legally consent to vaccines and other controversial therapies without your knowledge or consent. Teach your child to never accept medical treatments without you present. The only exceptions are having a temperature taken and receiving adhesive bandages.

3. Read everything that comes home in your child’s homework folder and paperwork.

4. Let your voice be heard by emailing or calling your state and local officials, as well as school officials, to let them know you object to the School Based Health Centers.

5. Stay in constant contact with your school board and other school officials regarding your concerns about the School Based Health Centers.

6. Have frequent, candid, and open conversations with your children.

7. Read the fine print on all forms you are asked to sign. 

8. Even if you homeschool, stay vigilant about situations where your child is vulnerable, such as emergency rooms or with family members who do not share your views on health care.

Envisage Law, a law firm in Raleigh, North Carolina, arose out of perhaps one of the most trying and darkest moments in modern history, the Covid-19 pandemic. Many HEALNC members may already be familiar with Anthony Biller, one of the founding partners at Envisage. Mr. Biller and his partners, James Lawrence and Adam Banks, are courageous litigators who stepped up to the call and have led the charge against the oppressive and constitutionally suspect shutdowns and policies, challenging all levels of government, federal, state, and municipal, along the way. From representing clients by assisting in the drafting of religious exemptions in relation to Covid-19 vaccine mandates to challenging publicly and in the courts, discriminatory and unconstitutional policies and actions, the attorneys at Envisage Law have stood boldly for the principles in which they believe – freedom and the defense of individual civil liberties.

An Innovative, Freedom Fighting Firm Emerges

What folks may not know is how Envisage was founded and in what other areas of law the firm specializes. At the start of the pandemic, Mr. Biller was the managing partner at the Raleigh office of a national law firm, Michael Best, and a board-certified trademark law specialist, focusing his practice in the areas of intellectual property, corporate and business law and litigation. Seeing the impact of the shutdowns on his clients and the people around him, and desiring more flexibility to handle cases and issues that mattered to him personally, Mr. Biller stepped away from his role at Michael Best and joined with a group of predominantly business attorneys from the Raleigh firm Pinna, Johnston & Burwell, P.A., who specialized in corporate transactions, trusts and estates, wealth transfer and planning, and tax law. James Lawrence, who had worked with Mr. Biller at Michael Best, joined Envisage after serving as Deputy Counsel at the United States Department of Health and Human Services and as Chief Counsel of the Food and Drug Administration under President Trump. Envisage Law was born in early 2021 as a full-service law firm, offering a wide array of legal services with a shared goal of upholding the values of freedom, equality before the law, and the dignity of every person.

Envisage Law Attorneys’ Early Battles Against the Shutdowns and Mandates

Over the course of the pandemic, the conservative, libertarian leaning, Christian friendly reputation of the firm and its attorneys garnered both state and national attention. In the spring of 2020, Mr. Biller represented various clients, including ReOpen NC and North Carolina churches in early challenges to Governor Cooper’s pandemic related executive orders shutting down the state of North Carolina. Indeed, Mr. Biller obtained, on behalf of his client, the North Carolina Bowling Proprietors Association, Inc., the only state issued preliminary injunction against the enforcement of Executive Order 141’s restrictions on the operations of certain entertainment businesses, like bowling alleys, while allowing many other businesses to re-open during Phase 2 of the reopening process. Mr. Biller defended the issuance of the injunction before the North Carolina Supreme Court, likely contributing to Governor Cooper’s issuance of a subsequent order, relaxing the restrictions, which mooted the case before North Carolina’s highest court ruled on the issue. In 2021, Mr. Lawrence challenged vaccine mandates from the City of Raleigh on behalf of a coalition of first responders who resisted the City of Raleigh’s Covid-19 vaccine mandate, which included a ban on promotions for employees who declined the Covid-19 jab. His challenges included novel theories, for example, that the city was violating state law by denying employment to people based on their “genetic information,” as the Covid-19 vaccines are believed to alter the human genome by inducing the production of spike proteins in the body. The City of Raleigh moved to dismiss the claims. Before the court ruled, the City of Raleigh lifted its mandate. Even today, the firm represents high profile clients committed to standing against government sponsored censorship, particularly in the sphere of Covid-19 vaccine mandates and safety, mask mandates, and overall governmental overreach in violation of the people’s sovereign freedoms.

Prominent Freedom Cases Filed by Envisage Law Attorneys

Some notable cases include:

• Berenson v. Twitter, No. 3:21-cv-09818-WHA, (N.D. Cal 2022). This matter was the predecessor to Berenson v. Biden. Mr. Lawrence filed suit on behalf of Alex Berenson, a distinguished, former New York Times investigative reporter, to challenge Twitter after Twitter suspended Mr. Berenson for posting so called Covid-19 vaccine “misinformation.” Mr. Berenson asserted claims, which included breach of contract and violations of the First Amendment. While the court dismissed the First Amendment claims, it allowed the breach of contract claim to proceed based on communications that Mr. Berenson had received from a Vice President at Twitter assuring Mr. Berenson that he would “try to ensure [Mr. Berenson is] given a heads up before an action is taken.” It was through the discovery process and settlement of this case that Mr. Berenson discovered the extent to which White House officials and a Pfizer board member had been involved in Twitter’s decision to suspend him, information which precipitated the filing of Berenson v. Biden.
• Berenson v. Biden, et al., No. 23-CV-3048 (JGLC), S.D.N.Y. In this matter, Envisage Law represents Mr. Berenson,, who became a vocal opponent of the vaccine mandates and a courageous voice of “misinformation,” who was suspended from Twitter as a result of coercive pressure from White House officials. For example, according to a Twitter employee, one White House official referred to Mr. Berenson as the “epicenter of disinfo that radiated outwards towards the persuadable public.” Fighting back, Mr. Berenson sued not only the White House and involved officials, such as Surgeon General Murthy, but also former White House officials and Pfizer CEO Albert Bourla and former FDA Commissioner and Pfizer board member Scott Gottlieb, bringing claims, which include violation of the First Amendment and of 42 U.S.C. Section 1985(3) for violation of civil rights. The case is currently stayed pending the Supreme Court’s decisions in Murthy v. Missouri, in which the Fifth Circuit issued an injunction against the various federal agencies and officials, after finding a “coordinated campaign” “by high-level federal officials to suppress the expression of disfavored views on important public issues.” Murthy v. Missouri, 144 S.Ct. 7 (2023) (Alito, J., dissenting). Notably, the Fifth Circuit’s injunction is stayed as well. 
• Ussery v. Freeman, et al., No. 5:23-cv-00219-BO-RJ, E.D.N.C. This matter stems from the arrest of Monica Ussery, a determined and gutsy woman who was arrested during the first ReOpen NC Protest in April 2020. Initially, Mr. Biller represented ReOpen NC, a grassroots anti-shutdown movement, to seek clarification from Governor Cooper regarding any purported limitations on the First Amendment right to engage in political protests in his early executive orders. In response, Governor Cooper confirmed through counsel that outdoor protests were permitted. Despite this admission, District Attorney Freeman and City of Raleigh officials, continued t o harass and retaliate against Ms. Ussery for her anti-lockdown views ultimately precipitating Mr. Biller’s decision to file suit on Ms. Ussery’s behalf last May for various First Amendment and Equal Protection violations under the federal and North Carolina Constitutions. Based on bodycamera evidence eventually acquired by Ms. Ussery in her efforts to defend herself against pretextual charges of trespass and violation of the executive order, Ms. Ussery also brought a conspiracy claim against various state and local officials relating to their efforts to arrest ReOpen NC protestors in an attempt to deter further protests and to chill the free speech rights of those who dissented from Governor Cooper’s pandemic policies. This case is currently pending in the district court for the Eastern District of North Carolina.
• Caudill, et al. v. North Carolina Symphony Society, Inc., No. 5:23-cv-00489-D-BM, E.D.N.C. This case arises out of the termination of three musicians from the North Carolina Symphony, of varying religious backgrounds, who submitted religious accommodation requests in response to the Covid-19 vaccine mandate imposed by the North Carolina Symphony. Not only were the Plaintiffs not permitted to perform, even though they had agreed to accommodations such as testing and masking, but they were eventually fired in June 2022 when the North Carolina Symphony claimed that it was an undue hardship to continue to provide them with unpaid leave. Mr. Lawrence filed suit on behalf of these bold musicians for violations of Title VII, the Free Exercise Clause of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and wrongful discharge in violation of public policy. This case is also pending in the Eastern District of North Carolina. 

In addition to the fight for medical freedom, Envisage attorneys advocate against censorship and injustice on various, controversial frontlines. In 2022, Envisage Law partnered with the Alliance Defending Freedom to file suit on behalf of Dr. David Phillips, a well-respected English professor, who was fired from the North Carolina Governor’s school, for teaching optional seminars critiquing critical theory and highlighting the lack of viewpoint diversity in higher education. In 2023, the firm also filed suit on behalf of Prisha Mosely, a well-known, courageous de-transitioner, against the doctors and other medical treatment providers who presided over her care. As alleged in her complaint, without adequately informing Ms. Mosely of the long-term health consequences and the permanent damage that the hormone treatments and eventual surgeries would produce, her trusted medical care providers told her these permanent changes to her body, the so-called “gender-affirming care,” would help her mental health issues. They did not, but they did cause permanent damage to her body. Envisage attorneys are privileged to come along side brave clients who have the moral courage to challenge the woke ideologies that are undermining the moral and political fabric of the nation.

Envisage Attorneys Continue to Oppose Unscientific, Groundless Efforts to Restrict Freedom and to Impose Regulatory Costs and Burdens on North Carolina Businesses

More recently, in January 2024, HEALNC and its members, joined with Envisage attorneys to successfully pressure the North Carolina Department of Labor to reject proposed rules that would have imposed obligations on employers to require masking and testing, as well as other expensive and onerous regulatory burdens on employers, in the event that governmental entities or non-governmental, international entities, such as the World Health Organization, designated an airborne infectious disease as a “public health emergency.” HEAL NC converted Mr. Biller’s nearly 50-page letter, which included the legal grounds for his objections and a detailed chart summarizing approximately 70 scientific studies demonstrating the general ineffectiveness or harms of masking, into a petition which HEAL NC estimates 18,000 people signed.