by VDC Staff
Information for In Committee news reports are sourced from GoldenDomeVt.com and the General Assembly website.
How often do you volunteer, and should you be sued for it? The Vermont Senate Judiciary Committee heard testimony on Tuesday for S.151, a bill introduced in 2025 by Senator Allison Clarkson (D-Windsor) that aims to protect volunteers from frivolous lawsuits and increase volunteerism.
The bill doesn’t provide legal immunity to volunteers, but instead allows named defendants to file a motion to strike themselves from the lawsuit—if they haven’t actually committed any wrongdoing. The motion will be reviewed and if the defendant is accused of substantive misconduct in the suit, then they won’t be provided with the protections under S.151.
Benjamin Brickner is an attorney, select board member, and board member for a daycare in Woodstock. He joined the committee on Tuesday to testify about the effects of litigation on nonprofits and volunteer organizations. The Rainbow Playschool, where Brickner serves as a board member, is the target of an ongoing multi-year lawsuit from an individual who in the past has leveled several complaints towards the childcare center, in addition to the lawsuit.
According to Brickner and the defendants who provided the committee with written public comment, this environment of complaints and litigation has resulted in a culture of toxicity. Brickner told lawmakers that such litigation has a chilling effect on volunteerism, parents are afraid to serve on the board and other volunteers are hesitant to get involved.
Brickner testified that these kinds of lawsuits are often used strategically, sometimes to raise larger settlements. He explained that Vermont already protects speech from frivolous suits through laws that discourage lawsuits aimed at dissuading public participation. These are known as SLAP suits, but they don’t protect volunteers from the same type of bad faith strategic litigation. “…inherent in volunteerism is a freedom to associate with organizations that are aligned with our values, the freedom to express ourselves through that association”, said Brickner.
Brickner added that the bill could also improve judicial efficiency by allowing courts to dismiss frivolous claims more quickly, which will help reduce court backlogs.
Emma Paradise, Co-Director of Commons of Vermont (a statewide nonprofit support program under United Way of Northwest Vermont), also testified in support of the bill. Paradise echoed much of the previous testimony from Benjamin Brickner but she spoke more about volunteerism broadly as a necessary part of Vermont’s culture and structure. Additionally, she noted that this legislation would be particularly impactful on certain high-need volunteer areas, like working with youth and volunteer driving for meal deliveries or transportation.
During her testimony, Paradise noted that formal volunteerism is declining in Vermont, and that providing robust legal protections could help encourage volunteer participation. According to data from the US Census Bureau and Americorps, volunteerism reduced drastically during and after the Covid-19 pandemic, but it is on the rise. In 2023, 75.7 million Americans formally volunteered through a nonprofit or other organizations, and 54.2% of Americans reported informally volunteering through lending a hand to neighbors with errands or tasks.