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Bill

H 563

An act relating to a private right of action for unauthorized use of a person’s likeness obtained near the immediate entrance of an essential care facility

2025-2026 Regular Session Introduced by Bram Kleppner

Creates lawsuit rights for individuals whose likenesses are photographed without permission near healthcare facility entrances in Vermont.

Read first time and referred to the Committee on Judiciary
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Bill Summary · H 563

Legislative bill overview

H 563 creates a private right of action allowing individuals to sue for unauthorized use of their likeness when the likeness is obtained near the entrance of an essential care facility (such as hospitals, clinics, or emergency rooms). This establishes a specific legal remedy distinct from existing privacy and publicity rights laws, focusing on the location-based vulnerability of people accessing healthcare.

Why is this important

Healthcare facilities are inherently sensitive spaces where individuals may be photographed without consent while in vulnerable states—injured, ill, or distressed. This bill addresses the gap between general privacy protections and targeted protection for people specifically at medical entrances, where they cannot reasonably expect paparazzi or unauthorized documentation. It could deter predatory photography and media harassment of patients and visitors seeking essential care.

Potential points of contention

  • Scope and definition: What constitutes "near the immediate entrance" is ambiguous—does it extend to parking lots, sidewalks, or only the threshold itself? Broader definitions could significantly restrict photography in public spaces.
  • First Amendment tension: The bill may conflict with free speech protections for news gathering and documentary photography, potentially requiring careful liability standards and exemptions for journalism or public interest purposes.
  • Damages and burden: Establishing who holds standing to sue, what constitutes "authorization," and appropriate remedy levels (actual damages, statutory damages, attorney fees) could be litigious and costly for defendants including news organizations.

Compiled from official sources — confirm details with the bill’s official record.

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