Vermont Advisory Articles

National News Article

2006-03-30T22:29:00.000-08:00

The decision on this lawsuit made national news on Lifenews.com :

Vermont Judge Dismisses Lawsuit Over Parental Notification on Abortion

"Clift told the Burlington newspaper she expected the decision and had planned to file an appeal with the state Supreme Court.

""We always hoped it would go to the Supreme Court," Clift said, because "Superior Court rulings tend to not carry a lot of water." She said a state Supreme Court case would also give the issue more press.

29. support

2006-03-28T19:15:00.000-08:00

Today (March 28) I joined friends from across the state in Montpelier to lobby our legislators on pro-life issues. Many organizations take one day a year to lobby for their causes and VRLC is no exception. It was a beautiful day and I cannot thank those who expressed thier support for our lawsuit enough. It is gratifying to know there are so many people out there who care about the rights of every citizen to speak out on thier issues.
It was also very enheartening to see so many people who support the dignity of human life.

28. superior court decision

2006-03-28T18:41:00.000-08:00

I received notice on March 27 that the Chittenden Superior Court had ruled in favor of the city in the case.

The ruling states, "Under the requested article, the City Council would be advised to ask state legislators to enact certain legislation. The article is of an advisory, non-binding nature, it is also apparent that the requested article does not relate to city business in the sense that it does not address a matter under the general supervision, legal authority or control of the City or of City Voters."

While I may agree with Sheldon Katz, who argued that the city has no authority to lobby, I do not agree that the city has no authority to certify a vote and send it in writing to the legislators, nor do I agree that the City Voters have no right granted by the constitution and the law to use the ballot to express their opinion on critical issues. The article would not have required the City to do any more than send the certified vote in writing to the legislators and it would have allowed the petitioners to do no more than express their opinion. I believe that the superior court ruling is flawed and that I have an obligation to seek an appeal.

As citizens of the state of Vermont I feel South Burlington Citizens have rights afforded other Vermont citizens to act as a Vermont citizen. It is unbelievable that a responsible judge would deny any citizen equal rights under the law. I am disappointed with the judge in this case. I have contacted the other plaintiffs and they agree we should move ahead. Our lawyer seemed disappointed with the judgment and will continue as our legal counsel during the appeal.

27. letter to free press

2006-03-23T18:00:00.000-08:00

Dear Editor;

This year has been an adventure for grass roots activist in Vermont fighting to have our voice heard on parental notification.
This issue is critically important to girls and families who love them.

What parent wouldn’t want to know if their minor daughter is pregnant?
What parent wouldn’t want to be there for her?
Sadly there are a few, but should parents who dearly love their daughters be denied the right to support them for any reason?

We care about girls whose parents aren’t prepared to help and wholeheartedly hope a bypass option will provide needed support for these very vulnerable girls.

Every person helping with the parental notification initiative deserves a great big thank you! From town organizers to the voter who took a moment to vote yes,this was a genuine act of compassion.

The positive results from 18 towns may sound like aweak voice to some.
To those of us who know how difficult it was to give citizens a chance to speak on the issue the muffled sound feels like a mighty roar.

It’s shameful that opponents used every means in their power to disrespectfully silence people who disagree with them.

Agnes Clift

26. vote totals

2006-03-23T16:50:00.000-08:00

CALEDONIA COUNTY

Kirby; 24 Yes, 38 No, 62 Total

Sutton; 45 Yes, 48 No, 93 Total

Waterford; 26 Yes, 31 No, 57 Total

CHITTENDEN COUNTY

Milton; 1239 Yes, 612 No, 1851 Total

Underhill; 325 Yes, 359 No, 684 Total

ESSEX COUNTY

Norton; yes on voice vote

FRANKLIN COUNTY

Berkshire; article passed over

Enosburgh; 328 Yes, 120 No, 448 Total

Fairfield; article passed over

Franklin; 42 Yes, 30 No, 72 Total

Montgomery; article passed over

Richford; 61 Yes, 29 No, 90 Total

Sheldon; article passed over

St. Albans City; 773 Yes, 397 No, 1170 Total

St. Albans Town; 743 Yes, 398 No, 1141 Total

ORLEANS COUNTY

Barton; yes on voice vote

Coventry; article passed over

Newport City; 436 Yes, 164 No, 600 Total

Newport Town; 48 Yes, 27 No, 75 Total

Westfield; 54 Yes, 26 No, 80 Total

Westmore; 24 Yes, 16 No, 40 Total

RUTLAND COUNTY

Clarendon; 276 Yes, 169 No, 445 Total

Ira; 73 Yes, 27 No, 100 Total

Mendon; 126 Yes, 85 No, 211 Total

Middletown Springs; 195 Yes, 161 No, 356 Total

Sudbury; 23 Yes, 27 No, 50 Total

West Rutland; 360 Yes, 138 No, 498 Total

WASHINGTON COUNTY

Moretown; article passed over

WINDSOR COUNTY

Chester; article passed over

Stockbridge; article passed over

Windsor; 421 Yes, 239 No, 660 Total

Totals: 5642 Yes, 3141 No, 8783 Total 64.24% in support!!!!

18 wins and 5 losses, 8 tabled.

25. E-Mail from Michele to Guy

2006-03-23T16:35:00.000-08:00

Dear Guy,

Great news about Ira!!! I am attaching an Excel document showing the results by town, as well as copying it below. I never had any information from Bakersfield so I don't know if the "vote" there could be incorporated. I get 18 wins and 5 losses, 8 tabled.

Looking at just the five towns where parental notification was defeated, out of 946 votes cast, 443 were in favor and 503 were against, for a vote discrepancy of just 60 votes across the five towns. They defeated it with the support of an average of 53.17% of those votoing.

On the other hand, looking at just the 16 towns that passed the article (not including Norton and Barton where no vote count is available), out of 7837 votes cast, 5199 were in favor and 2638 against, for a support level of 66.34%.

Overall, of the counted votes, we garnered 64.24% of the votes.

Michele

24. Town meeting 2006

2006-03-03T11:23:00.000-08:00

The parental notification advisory article has been petitioned and accepted in these Vermont towns:

Barton, Berkshire, Chester, Clarendon, Coventry, Enosburg, Fairfield, Ira, Mendon, Milton, Montgomery, Moretown, Newport City, Newport Town, Richford, Sheldon, St. Albans City, St. Albans Town, Stockbridge, Sutton, Underhill, Waterford, West Rutland, Westfield, Westmore, Windsor

Some Facts About Abortion And Minors In Vermont:

There are no restrictions on the practice of abortion in Vermont, including when minors are involved. Despite some success in 2001, it is still legal in Vermont for an abortion to be performed on a minor girl without her parents’ knowledge or consent, no matter how young she might be.

Many, if not most, abortions in Vermont are performed by non-physicians.

The abortion can proceed even though the abortion provider cannot obtain the child’s medical history without involving at least one parent.

The state-funded Dr. Dynasaur and Medicaid programs pay for abortions—even for minor girls—and the state does not notify parents.

Minors need parental consent in Vt. for ear-piercing, for field trips, for taking Tylenol at school, to obtain a driver’s license, to get a tattoo, or for any surgery other than abortion.

72 percent of Vermonters favor a law to require that a parent be notified before a minor girl has an abortion. (Wirthlin Worldwide poll, January 2000)

If a minor girl is a victim of abuse, a secret abortion and a return to the situation only compound her physical and emotional problems.

Abortions were performed on 112 minors in Vermont in 2003, many without parental knowledge, many performed by non-physicians, many involving surgical procedures. Some young girls were given the RU-486 abortion pill.

23. Reflection

2006-03-02T06:36:00.000-08:00

While at mass tonight it really hit me that I started with the petitions a year ago.

I've been fortunate to be able to wrap myself around this for a year and it has been interesting.

It's time for me to think about where to go from here and to get ready to move on. Why am I not sure that will be easy?

One thing I hope never to forget is that the past and the future are only important if they help us live most fully in the present.

22. H709

2006-02-25T07:22:00.000-08:00

H709, the bill that would increase the number of signatures needed on a petition for revotes and advisory articles was introduced to the Government Operations Committee on February 16 according to the bill's sponsor Shap Smith.

Some members of the committee when asked about the bill seem to have very little interest in it. Others are very interested in working on it.

Two ideas I have heard are;

Let the number increase to 20% but put a cap on the number of signatures needed, say 200.

Significantly increase the number of signatures needed but place it on the number of votes in the last town meeting election.

The crossover deadline is looming. We must be alert.

I am eager to receive comments on this issue.

21. Livin The Vermont Way

2006-02-25T07:14:00.000-08:00

Livin The Vermont Way is an excellent publication, which features numerous articles covering a broad spectrum of interests that concern Vermonters. The March/April edition contains not only an opinion by the author of this blog but also one by Sheldon Katz, who has sought status in the lawsuit to oppose not only her but also the City of South Burlington.

The magazine has just hit the newstands across Vermont and has a number of excellent articles.

I would like to apologize to those who read my article. I wrote the article last fall. When it was decided to publish it this spring I failed to change references of "this year" to read "last year". Although much has happened since the article was written it is still timely in view of town meeting day in Vermont.

20. Two moms speak

2006-02-25T07:10:00.000-08:00

We are told most girls talk to their parents before they have an abortion. Youth risk surveys paint a different story, only one third of high school girls say they turn to their parents when they are facing difficulties. These moms tell it like it is:

“My daughter was just 16 years old when, under pressure from her boyfriend, she had an abortion. I wasn’t even notified. She coped with high fever and hemorrhaging all by herself. Later, her thoughts turned to suicide. The truth is out now and together we have gone for help. But I’ll never forget that the one day my daughter needed me most I wasn’t there, because I didn’t know.”
A Chittenden County Mom,

“I called the high school one day to leave a message for my 16-year-old daughter. She wasn’t there! She was at Planned Parenthood. She had an abortion and I wasn’t even notified. Planned Parenthood knew, her boyfriend knew, the only one who didn’t know was me - her own mom. My daughter couldn’t get her ears pierced or even take an aspirin at school without my permission. Yet, she had an abortion and I wasn’t even notified.”
A Windsor County Mom

19. Petition Approved by Milton Select Board

2006-02-25T06:30:00.000-08:00

Parental Notification Petition Approved by Milton Select Board

We thank the Milton Select Board for unanimously approving the following advisory question for theMarch 2006 Town Meeting ballot:

“Shall our state legislators support legislation that will protect young girls by requiring clinics to notify at least one parent prior to providing a surgical or chemical abortion to their minor daughter, with special provisions to protect girls in abusive situations.”

A minor girl can get an abortion in Vermont without her parents knowledge or consent. The abortion can proceed even though the abortionist, physician or non-physician, cannot obtain the child’s medical history without involving at least one parent.
By contrast minors must have the consent of their parents for school field trips or taking a Tylenol at school. Without Parental Notification, the health and well-being of our children and grandchildren may very well rest in the hands of strangers.

Since society rightfully holds parents responsible and accountable for the behavior, actions, and favorable upbringing oftheir children, justice requires that parents have the necessary authority to fulfill their responsibilities to their children and society.

We began a petition campaign, the Parental Notification Initiative (PNI), early in December to gather the signatures of 5% of Milton registered voters, as required by state law to put a question on the ballot.

Petitioning is a right given to Vermonters by our Vermont Founding Fathers in the Constitution, Article 20 [Right to Assemble, Instruct and Petition]:
That the people have a right to assemble together and consult for their common good to instruct their representatives and to apply to the legislature for redress of grievances, by address, petition or remonstrance.

Thanks to the energy and commitment of many of our Milton neighbors, we procured over 5% of the required signatures, nearly 350 names. Volunteers in many other Vermont towns and cities are conducting petition campaigns. The PNI effort is led by an organization called Caring Vermont Parents,Inc., a registered, nonprofit organization having no ties with any other organization.

The Milton Select Board by agreeing simply to place our question on the Town Meeting ballot showed an exemplary responsiveness to the constitutionally-protected will of hundreds of their constituents. Despite some thoughtful concerns, theBoard voted for open government, providing Milton voters an opportunity to participate and vote on issues important to them, especially when the issues entail threats to their greatest treasures, their children.

Bob and Judy Sekerak
Milton, VT

18. Waterbury petition/letter to editor

2006-02-22T04:54:00.000-08:00

DATE: 02/20/06
FROM: Joanna Turner Bisceglio, Waterbury Center

Dear Editor:

Petitions Should Have Been Honored

In our democratic tradition, citizens are able to petition our legislature through non-binding advisory items at town meeting, as has been done all over Vermont, over the years – on issues that include nuclear freeze and civil unions.

Citizens gathered the required 5% of Waterbury voters’ signatures on a ‘Parental Notification’ petition, to be placed on the Australian ballot. Despite the support of two out of the five members present members, the Select Board voted to deny this. It was within their authority to honor this legitimate request of the voters of their town – whom they work for. Why the rejection of this one and not the others? Were members voting out of personal opinion, or, as one would hope, out of democratic principle and the precedent that exists for advisory items? Waterbury has honored these requests more than once before!

A recent quote from a select board member was that the petition has ‘nothing to do with the people’. Do you believe that parental involvement in surgical procedures and administration of drugs on minor children has something to do with people? In Vermont, parents have the right to be notified about every single surgery and drug administration on our kids, except abortion. As a parent, I believe good health stewardship indicates that except in grave situations like abuse, parents should be notified of ALL surgical or chemical treatments on our minor children.
We should have had the chance, as twenty-plus other towns in Vermont will this March, to present our legislature with our own opinions in this non-binding, advisory capacity. Our democracy matters, so please contact the select board members and let them know how you feel about honoring open government. All Vermonters, though, should let their legislators know their take on ‘Parental Notification’. Your voice matters.

Respectfully submitted,

Joanna Turner Bisceglio, Waterbury Center

17. Stay alert

2006-02-19T11:45:00.000-08:00

There seems to be a proliferation of advisory articles floating around this year. Perhaps this has prompted some legislators to try to preempt any success we may achieve with our lawsuit.

H. 709 is a bill that is in queue to be introduced to the house government operations committee. It was drafted to reduce revotes on budget and city issues by raising the number of signatures needed on a petition from 5% of the registered voters to 20%.

What is not being told is the bill includes advisory articles.

We maintain that raising the bar on any petition is an indefensible assault on democracy. Citizens wishing to protect their rights must stay alert and defend them from usurpation by elected officials who are hungry for power.

16. Is there a better way?

2006-02-19T11:30:00.001-08:00

Vermont citizens have a right to meaningful expression of their will on important state issues not adequately addressed by the legislature.

Some say Montpelier is where this should be done. The argument is that town meetings with only 20% voter participation aren’t representative of the community.

Is expecting citizens to go directly to Montpelier the answer?

Vermont does not provide citizens with access to a state referendum.

Electing representatives that will advance your views can't be the only answer. No candidate likely agrees with every viewpoint of a constituent. Rightfully, one cannot demand his representative to take his position on any given issue. But he should be able to raise his voice along with others in his community.

Letter writing isn't a solution. If representatives heard from 20% of their constituents on every important issue they would be overwhelmed.

Petitions are often not representative of the community and are frequently ignored.

Hearings in Montpelier are often limited and don't give every citizen a chance to speak. People who are unable to attend aren’t represented.

Local elections give citizens a quick, easy way to weigh in on important issues and are equally available to each citizen. They are clearly the best way to give a voice to the citizens.

15. Letter to a legislator

2006-02-19T11:07:00.000-08:00

Here is part of an all too long e-mail I sent to a member of the Gov. Ops committee.

I learned recently that South Burlington and some other Vermont municipalities have denied citizens access to local ballots for advisory articles. We are currently in litigation to address this inequity. If enacted, H.709 would nullify our efforts.

I now understand how important it can be for citizens to have the right to place an advisory article on the ballot. I found that 5% of the list of registered voters in a town like South Burlington is much more significant than it seems. To increase the number of signatures needed would virtually make it impossible for citizens to place an advisory article on the ballot.

Some would say this is a good thing. However it would make the ballot easily accessible to those who are favored by select boards and unavailable to those who are not. This is undemocratic and unfair.

This winter a small organization in Vermont worked very hard and got the legal number of signatures to place an advisory article on ballots in 40 towns. Some of these towns have turned down the article. On the other hand VLCT has placed an article on ballots in 120 communities without getting a single signature on a single petition.

As Vermont citizens we deserve a reasonable way to weigh in on statewide issues that are very important to us.

14. Which Judge?

2006-02-18T15:23:00.000-08:00

I’ve been asked which judge will hear our case. The judge now assigned to the Chittenden County Superior Court is Ben Joseph. I have been told that he is a man of great integrity and is highly respected.

Paul Gillies assures me that there likely will not be a hearing. The judge will, likely, review the case and issue a summary judgment accordingly.

There is good reason to expect that this case will go to the Vt. Supreme Court. We have a great position and hope for a favorable decision at the Superior Court.

13. In God’s hands

2006-02-18T10:46:00.000-08:00

Having committed to seeing this challenge through, my thoughts turned to my lack of experience and the tremendous effort that lie ahead. My husband and I have been quite active in our children’s schools but many of our interests and activities have led to close friendships with people who do not live in South Burlington. I knew I must rely on acquaintances rather than close friends to provide the support I needed to succeed.

Facing such a difficult task has a way of strengthening one’s relationship with God. I turned to God, pleading with Him to provide the signatures we needed and to give us strength. As time went on my trust in Him grew as well as my appreciaiton for His immense kindness. Many of us could see His hands at work and are very grateful to Him.

Continued prayer is needed so the advisory articles placed on ballots in 26 towns for town meeting day will succeed. Also prayers are needed for guidance, protection and blessings of those who are involved in this noble effort but do not yet have a close relationship with God.

12. Experience counts

2006-02-18T10:09:00.000-08:00

Experience is an asset that cannot be over valued when considering an undertaking such as ours. We didn’t have experience so turned to the secretary of state website for guidance.
The sample advisory article we found was:

The undersigned registered voters of the Town School District of ________________ hereby petition the Selectboard to add the following advisory article to the warning for the Annual Town Meeting:
1. Shall the ___________________ Town School District vote to advise the School Board to send a message to our state legislators that they should not enact any education mandates unless the mandates are fully funded by the State of Vermont?

We eagerly applied this to our issue and came up with:

The undersigned registered voters of the City of South Burlington hereby petition the City council to add the following advisory article to the warning for the May 17 ,2005 City Elections.

Shall the City of South Burlington, on behalf of concerned citizens, advise the City Council to ask our state legislators, in writing, to enact legislation that will protect young girls by requiring clinics to notify at least one parent prior to providing a surgical or chemical abortion to their minor daughter, with special provisions to protect girls in abusive situations.

What we learned from experience is that the article should be written as simply as possible so that the chance of offending the select board can be minimized.

Petitions circulated by Caring Vermont Parents to place the issue on ballots in other towns this year reflected this simpler language.

11. Tribute to Charlotte Marsh

2006-02-18T07:16:00.000-08:00

South Burlington was a town that held a traditional town meeting until it became a city in 1971. The vote that led up to the change was held in November, 1970. According to a Burlington Free Press article about the vote, one citizen, inciteful enough to be troubled by it, was Charlotte Marsh.

"But, Charlotte Marsh, longtime South Burlington Citizen and strong objector to the proposal, had a different reaction:
'You want a punch in the nose?' she asked a reported when queried as to her thoughts about the passage of the city charter proposal.
She seemed sincerely saddened that the issue was approved by the voters, believing that many South Burlington residents were not fully aware of exactly what they were voting for.
She also lamented the loss of traditional town meeting procedures in South Burlington and felt a city system of government would place too much power in the hands of too few."

Clearly Charlotte is to be commended for her foresight and her dedication to democracy.

10. A courageous mother

2006-02-18T06:17:00.000-08:00

One of the South Burlington citizens who was very involved in our petition drive had first hand experience as to why Vermont needs a parental notification law.

Here's her story:

"My daughter was just 16 years old when, under pressure from her boyfriend, she had an abortion. I wasn't even notified. she coped with high fever and hemorrhaging all by herself. Later, her thoughts turned to suicide. The truth is out now and together we have gone for help. But I'll never forgrt that the one day my daughter needed me most I wasn't there, because I didn't know."

At least one member of the city council turned his back to her even though he knew difficult her story. Still she has never given up the hope that the city council will reconsider and that the law suit was somehow not necesary.

9. Choosing a lawyer

2006-02-18T05:03:00.000-08:00

I would like to take a moment to thank Guy Page for introducing me to Paul Gillies.

Raised in South Burlington, Paul Gillies was former deputy secretary of state under the leadership of Jim Douglas and is now a lawyer in Montpelier. He is the right man for our case as evidenced by these quotes from opinions he wrote and published as deputy secretary of state.

"There is nothing unlawful about those questions [advisory articles], since they counter or contradict no prescriptive law. Whether they are frivolous or useless is a political question, involving the adjudication of the merit of those questions and the potential impact of a vote by the town.
Ultimately, we find great consolation in the statute quoted at the beginning of this opinion, which incidentally was enacted in 1978; years after the two cases were decided. We believe that a suit brought against a town to force an advisory vote at an annual meeting would be successful, ...."

"We believe advisory opinions ought to be given the same respect as other petitioned articles, that if the requisite number of voters sign the petition for an advisory vote, the article should be added to the warning and be considered at the annual meeting.
We believe there is an important distinction between advisory votes and other articles that might indeed be frivolous, useless or unlawful. You can't abolish the office of town clerk by article. You can't decide not to collect any taxes this year. But you can express your opinion on issues important to the electorate, and we encourage all towns to accept them, warn them, and vote them, because the law recognizes them as legitimate.

"We think the town has an obligation to ensure that it does all that it can to protect itself from unnecessary litigation."

It is very rewarding to work with this talented man. He is passionately committed to citizens' rights and to the democratic process.

8. Waterbury, from Joanna

2006-02-17T18:50:00.000-08:00

Dear Lauren,

Re: Waterbury

I presented our town's petitions to our selectboard as of the Monday night before the rejection. The selectboard, in light of precendent (i.e. civil unions and 'democratic tradition') they were going to put it on as an advisory item on the australian ballot. All that they were waiting for was for town manager to confirm that it was not illegal to do so.

The wind changed at Thursday night's meeting. Mr. Shepeluk, town manager, confirmed it's legality, but they voted it down anyways.

I'd like to know how the health and welfare of teenage girls (which hundreds of families have in town) has nothing to do with the people - from Mr. Steele's quote. Last I checked, medical care & involvement with surgery of kids was pretty high on the priority list - at least of any parent I know!

Not to mention our democratic right to petition the legislature as citizens have done in VT for military issues and civil unions, if not more!

Thanks for doing a good job on this article.

Best,

Joanna Turner Bisceglio

7. Burlington Freepress: Parental notification ballot article in Milton

2006-02-17T10:45:00.000-08:00

This link should be available for several days at least.

Parental notification ballot article in Milton

6. Complications, now what?

2006-02-16T15:16:00.000-08:00

Our challenge to South Burlington seemed to be going well with our filing in October. It was no surprise that South Burlington would file for a cross motion for summary judgment. They argued the city should be allowed to choose which items to place on ballots. They also claimed our advisory article did not pertain to the city.

The surprise came when another citizen, Sheldon Katz, decided that he wanted to join the suit. His view was that neither the city nor the plaintiffs were correct. He maintained that the petition asked the city to lobby the state and that this action is above the authority of the city.

He also argued that he had a right not to speak on issues and that the petition would cause a violation to this right.

In response to Sheldon, the Vermont League of Cities and Towns has entered the lawsuit arguing that not only do municipalities have the right to lobby but that it is indeed important function of VLCT. VLCT has sided with the city in its request for a summary judgment in their favor claiming the city has a right to deny our petition.

In a twist of irony VLCT has placed an advisory article on 120 local ballots without getting a single petition signed. Even stranger is that since VLCT is funded mostly through member’s fees (municipal tax dollars) this "non-partisan" organization is likely using tax funds to promote a political agenda.

5. Fall update

2006-02-16T15:12:00.000-08:00

State law provides that petitioned articles, with signatures of 5% of the voters shall be placed on local ballots. The hard work of many citizens from South Burlington garnered more than enough signatures to place an advisory article on thier ballot. Still the city council, chaired by Jim Condos, refused to place the item on the ballot by a voice vote of 3-1. Chris Smith sided with the citizens. The council argued they have never allowed advisory articles on the ballot because they don’t want to open the ballot to a flood of issues.
Yet we found that the city of South Burlington had indeed allowed an advisory article on the May 1981 ballot so citizens could weigh in on the nuclear freeze.
The council further argued that citizens had no authority over the petitioned item. Yet the article was advisory only and made no demands.

A week before our petition was denied we had asked one city councilman why the city was reluctant to place the article on the ballot as was clearly provided by state law. He explained that it doesn’t matter how clearly they appear to be written, laws are subject to interpretation and that is what counts.
The current law regarding ballot items was enacted in 1978 and no case challenging it has come before the Vermont Supreme Court. One case was heard by the Washington County Superior Court in 1990 and the petitioners prevailed. The Washington County decision has no authority in Chittenden County.

Paul Gillies, a Montpelier lawyer, agreed to challenge the city council on our behalf and filed the case in the Chittenden County Superior Court in May. The suit asks that the advisory article be placed on the May 2006 ballot. The City responded in July claiming there wasn’t sufficient evidence to support our charges.
Paul Gillies filed the brief on this case on October 24. He explains that it could take two months to several months for a decision; he is hopeful the superior court decision will come early in the winter. Both the plaintiffs and the city have indicated that they are prepared to appeal to the Supreme Court.

A favorable ruling will be a victory for free speech and a tribute to all who collected signatures and signed the petition for parental notification as well as for those who through this action are working to protect the democratic process in Vermont.

Meanwhile a newly formed organization named Caring Vermont Families is working hard and picking up steam! Inspired by the fact that we successfully gathered 850 signatures in support of placing parental notification on the South Burlington ballot, the group is getting petitions ready for communities across Vermont for the 2006 Town Meeting Day.

4. Getting started

2006-02-16T13:27:00.000-08:00

Helping as a volunteer at the Vermont Right to Life office got me started on an exciting adventure. While in the office February 2005 I was asked what I thought about placing parental notification on town meeting day ballots across the state. What an awesome and challenging idea! But the idea came late.

South Burlington, where I live, holds elections in May so I suggested trying it there to test the waters. The city clerk told me South Burlington typically doesn’t do ballot items but I could submit a petition with 5% of SB registered voters and ask.

We checked state law and decided it was on our side. Our advisory article was written according to recommendations on the Secretary of State’s website. We were backed with all kinds of support in Montpelier. Jim Leddy didn’t oppose the idea saying it would be a good way to measure public sentiment and that the issue would go nowhere without a citizen's initiative.

The project was now a local effort. I identified 80 citizens who I thought might get signatures. I mailed each a petition, a letter asking for help, information sheets and a self addressed return envelope. I asked them to get ten names on the petition then mail it back. Some were excited and helped a lot. Many signed the petition, had their family sign it and sent it back. The signatures we got (over 200) were of tremendous help.

Next I started going door to door. The long cold winter made this challenging. We were able to get most of our signatures this way. A youth group helped and made a wonderful impression in the neighborhood they covered.
I find it hard to go door to door but we had a chance to talk to many people and to get a pulse on the community. It was very heartening that 7 in 10 people signed the petition.

We needed to deliver 720 signatures 40 days before the election. Knowing some would not be good we set a goal of 850. It often seemed hopeless but we never gave up.

Presenting nearly 900 signatures to the city clerk at least 4 days ahead of the deadline was very exciting!! Although we had more than a dozen supporters at the special city council meeting that was called to hear our plea it fell on deaf ears and our petition was rejected.

Encouraged by friends in Montpelier our disappointment soon gave way to resolve to challenge the city. We found an outstanding lawyer who assures us we have a great case and an excellent chance of prevailing. The lawsuit has been filed and we hope for a good outcome.

We have been able to get valuable media attention that shows the need for a parental notification law in the state. This has been a great adventure, discouraging at times but very much worth while. I encourage everyone to contact Caring Vermont Parents and help to make this a successful statewide effort to promote effective parental notification legislation

3. Times Argus Article

2006-02-16T11:20:00.000-08:00

A recent article in the Times Argus
Parental notification will be on Milton ballot

2. Vermont Guardian Article

2006-02-16T11:13:00.000-08:00

A recent article in the Vermont Guardian
We the people? Towns reject citizen-fueled Town Meeting Day questions

1. Welcome

2006-02-16T11:04:00.000-08:00

Welcome to the update site for the South Burlington Lawsuit regarding Advisory Articles.