Amicus Curiae Brief — Shane Vinales, Individually and as Next Friend of L. V. and S. V., et ux., Petitioners v. AETC II Privatized Housing, L.L.C., et al.

No. 25-615

In the

Supreme Court of the United States

SHANE VINALES, Individually and as Next Friend

of L. V. and S. V., et ux.;

Petitioners,

v.

TC II PRIVATIZED HOUSING, L.L.C., et al.,

Respondents.

________________

On Petition for Writ of Certiorari to the

United States Court of Appeals

for the Fifth Circuit

________________

BRIEF FOR AMICUS CURIAE

CHANGE THE AIR FOUNDATION IN

SUPPORT OF PETITIONERS

________________

KETAN U. KHAROD

SETH KRETZER

GUERRERO &

Counsel of Record

WHITTLE, PLLC

LAW OFFICES OF SETH

2905 San Gabriel St., KRETZER

917 Franklin St., 6th Floor

Suite 309

Houston, TX 77002

Austin, TX 78705

(713) 775-3050

seth@kretzerfirm.com

Counsel for Amicus Curiae

December 29, 2025

TABLE OF CONTENTS

Page

TABLE OF CONTENTS ............................................. i

TABLE OF CITED AUTHORITIES ......................... iii

STATEMENT OF INTEREST ................................... 1

SUMMARY OF THE ARGUMENT ........................... 1

ARGUMENT ............................................................... 2

I.

The Fifth Circuit’s Ruling in Vinales

Creates a Barrier for Military Families

Seeking Meaningful Relief for SubStandard Military Housing........................... 2

II.

Mold-Related Problems in U.S. Military

Housing Are Significant and Widespread .... 3

III. The Adverse Effects of Mold-Related

Problems in Military Housing Extend Far

Beyond the Physical Health of Military

Families ......................................................... 5

A.

Health & Human Safety ....................... 5

B.

National

Security

&

Mission

Readiness............................................... 8

C.

Retention ............................................. 10

D.

Future Force & Recruiting ................. 11

i

IV. Too Many Service Members Currently

Have Inadequate Remedies to Improve

Substandard

Military

Housing

Conditions.................................................... 13

CONCLUSION ......................................................... 16

ii

TABLE OF CITED AUTHORITIES

Page(s)

Cases:

Balderrama v. Pride Indus., Inc.,

963 F.Supp.2d 646 (W.D. Tex. 2013) .................... 3

Paul v. United States,

371 U.S. 245 (1963) ............................................... 3

Vinales v.

AETC II Privatized Housing, L.L.C.,

146 F.4th 434 (5th Cir. 2025) ............... 1, 2, 13, 15

Vincent v. Gen. Dynamics Corp.,

427 F. Supp. 786 .................................................... 3

W. River Elec. Ass’n v.

Black Hills Power & Light Co.,

918 F.2d 713 (8th Cir. 1990) ................................. 3

Statutes & Other Authorities:

Change the Air Found., Unsafe and Unheard:

Military Service Members and Their Families

Sound Off on Dangerous Living Conditions

(Nov. 2025)................. 4, 5, 6, 7, 8, 9, 10, 11, 14, 15

“Military Barracks: Poor Living Conditions

Undermine Quality of Life and Readiness,”

U.S. Gen. Accountability Office, GAO-23105797 (Sept. 2023) ....................................... 11, 12

Nat’l Institute of Health, U.S. Dep’t of Health &

Hum. Servs. (HHS), Mold and Your Health,

March 2025 ............................................................ 6

iii

Supreme Court Rule 37.2 ........................................... 1

Supreme Court Rule 37.6 ........................................... 1

TIME, Thompson, M., “Here’s Why the U.S.

Military is a Family Business,” Mar. 10, 2016

(available

at

https://time.com/4254696/

military-family-business/) ................................... 12

iv

STATEMENT OF INTEREST 1

Change the Air Foundation is a 501(c)(3) nonprofit

organization dedicated to giving every person the

knowledge, resources, and support to achieve better

health by breathing safe indoor air. The organization

focuses on public education, policy advocacy, and

small-scale research aimed at addressing the

nationwide crisis of poor indoor air quality as it affects

both civilian and military families.

SUMMARY OF THE ARGUMENT

The issues presented in this case reverberate far

beyond the decision below and the Vinales family and

Randolph Air Force Base outside San Antonio, Texas.

The military housing system, which includes

hundreds of thousands of units at dozens of

installations, is at an inflection point – with

widespread problems including mold and pest

infestations, constructions defects, and substandard

living conditions. Because of the issues raised in

Vinales, 2 limited effective avenues are available for

military service members to seek relief from those

1 Pursuant to Supreme Court Rule 37.6, amicus curiae states

that no counsel for any party authored this brief in whole or in

part and that no entity or person, aside from amicus curiae, its

members, and its counsel, made any monetary contribution

toward the preparation or submission of this brief. Counsel of

record for the parties were also given timely notice of intent to

file this brief, as required by Supreme Court Rule 37.2.

2 Vinales v. AETC II Privatized Housing, L.L.C., 146 F.4th 434

(5th Cir. 2025).

1

responsible for the consequences of living conditions

known to be dangerous. Moreover, while mold-related

problems in military housing are most directly

associated with the attendant biological hazards

health, these problems are also likely to negatively

impact our nation’s national security, the mission

readiness of our armed forces, military retention, and

the ability of our armed forces to recruit military

members in the future.

For all these reasons, amici Change the Air

Foundation respectfully requests the Court grant the

writ of certiorari in this case.

ARGUMENT

I.

The Fifth Circuit’s Ruling in Vinales

Creates a Barrier for Military Families

Seeking Meaningful Relief for SubStandard Military Housing.

In the decision below, the Fifth Circuit affirmed the

trial court’s decision in which the Vinales plaintiffs

prevailed on their breach of contract claim, but were

barred from recovery on their DTPA claim or their

claim for attorney fees. The Vinales court held that

those remedies were not available to Plaintiffs

because they were not available under pre-cession

Texas law (i.e., the state law in 1951, when Texas

ceded the land that became Randolph AFB to the

federal government). Not only is the Fifth Circuit’s

ruling in Vinales at odds with federal enclave

jurisprudence from several state supreme courts, it

2

reinforces the application of an inconsistent, archaic

patchwork of laws that will vary – across states,

within states, and even within the same military base 3

– and offer less legal protection to military families to

seek redress for injuries caused by substandard and

dangerous military housing units.

II.

Mold-Related Problems in U.S. Military

Housing Are Significant and Widespread.

The cracks in the military housing system for U.S.

service members has been growing for years. Prior to

1996, the maintenance of military housing largely fell

under the purview of the Department of Defense

(DoD). But through the Military Housing

Privatization Initiative (MHPI), the DoD began

conveying existing housing units and leasing land on

military installations to private companies to

construct, manage, and renovate military housing.

Under this system, the DoD no longer directly

manages the majority of on-base military family

housing, leaving military servicemembers to seek

relief for problems – ranging from regular

maintenance to major issues such as infestation and

mold contamination – from private contractors who

are responsible for daily operations.

3 See, e.g., Paul v. United States, 371 U.S. 245, 269-70 (1963); W.

River Elec. Ass’n v. Black Hills Power & Light Co., 918 F.2d 713,

715 (8th Cir. 1990). At least two Texas federal courts have noted

this intra-installation dichotomy. Balderrama v. Pride Indus.,

Inc., 963 F.Supp.2d 646 (W.D. Tex. 2013) (relating to Fort

Bliss); Vincent v. Gen. Dynamics Corp., 427 F. Supp. 786

(former Carswell AFB).

3

In November 2025, Change the Air Foundation

published the results of a landmark survey that

examined the widespread problems present in

military housing, particularly with regard to mold

contamination. 4 The survey captured responses from

over 3,400 individuals with real-life experience as

either current or past residents of military housing.

Importantly, through grass-roots efforts within the

military community – e.g., spousal networks, partner

military associations, social media groups, etc. –

Change the Air Foundation gleaned responses from

service members 5 and their families from almost 60

military installations across 30 states and the District

of Columbia. The largest groups of respondents were

from California, Florida, North Carolina, Texas, and

Virginia. Change the Air Foundation then contracted

with an independent, outside research firm to analyze

the findings for statistical significance and relevance.

Nearly every survey respondent identified at least one

significant, dangerous issue in their military housing,

with mold, mildew, or microbial growth the most

prevalent (74%). Other problems reported by the

majority of respondents included: humidity or

temperature (56%), water damage (54%), pest

infestation (53%), or HVAC system issues (51%). The

effects were substantial and varied, costing military

service members time, money, health, and personal

4 Change the Air Found., Unsafe and Unheard: Military Service

Members and Their Families Sound Off on Dangerous Living

Conditions (Nov. 2025).

5 The term “service member” is used generically to describe the

survey respondent, regardless of whether it was the military

member or a spouse who completed the survey.

4

belongings – particularly because 53% of the surveyed

servicemembers reported that their requests (or pleas)

to address these conditions go unresolved. 6

While respondents in every state surveyed reported

housing-related issues, Florida and Texas were by far

the states with most issues across the board. With

regard to mold, mildew, and microbial growth

problems, respondents in Florida, North Carolina, and

Virginia reported these issues at a higher rate, though

Georgia, Hawaii, Oklahoma, and Texas also had

higher reporting rates than other states. 7

III.

The Adverse Effects of Mold-Related

Problems in Military Housing Extend Far

Beyond the Physical Health of Military

Families.

A. Health & Human Safety

Before addressing the non-health-related effects of

substandard military housing, it is first important to

recognize the undeniable health risks posed by the

presence of mold.

According to the National Institute of Environmental

Health Sciences, the overwhelming scientific

consensus confirms that “occupants of damp, moldy

buildings have an increased chance of respiratory

6 Change the Air Found., Unsafe and Unheard, at 5.

7 Id. at 10.

5

problems” and other ailments. 8 While the severity of

symptoms depend on the type of mold, the duration

and intensity of exposure, and individual

characteristics of the victim, there is no question that

mold exposure has been linked to asthma, allergies,

cognitive issues, mental health issues, immunological

responses, and even cancer. 9

These health risks were readily apparent among

military service members who responded to the

Change the Air Foundation 2025 survey. More than

three-quarters (76%) of service members reported a

negative impact in their family’s health from housingrelated issues; incredibly, for Marines this rate was

even higher (85%). 10 And this was not merely selfreporting or speculation; those health concerns were

confirmed with a doctor’s opinion linking their health

issues with housing or environmental exposure in

nearly half (48%) of the cases. While these

environmental factors certainly cause physical

ailments like headaches or migraines (37%), for many,

it is the mental and cognitive health toll which weighs

the heaviest, with many reporting anxiety or mood

changes (42% and 67%, respectively), trouble sleeping

(37%), and brain fog (32%) – often with higher

incidence rates for the military spouse. 11

The mental and physical effects of mold-related and

substandard housing conditions also affect military

8 Nat’l Institute of Health, U.S. Dep’t of Health & Hum. Servs.

(HHS), Mold and Your Health, March 2025, at 1.

9 Id.

10 Change the Air Found., Unsafe and Unheard, at 16.

11 Id.

6

children. Compared to the effects on mood and

anxiety, ailments in children tend to be more physical.

For example, respiratory and skin issues are most

common, from general irritation (40%) to rashes or

eczema (35%), chronic sinus infections (31%) or

difficulty breathing (29%) to asthma (26%). 12

While the numbers themselves are staggering, the

health impacts of mold on military families in military

housing are seen even more clearly in the horror

stories told by servicemembers across the country. As

one active-duty Army service member from Texas

stated:

My kids were regulars at the local urgent

care. The staff recognized us every time

because we were always there with

breathing issues and chronic congestion.

My kids always had sore throats, coughs,

congestion, and occasional fevers. My

younger son’s eczema flared up. Once we

moved everything cleared up. They

haven’t had any issues since we left that

house. 13

Similarly, an active-duty Air Force service member

from Mississippi reported “allergies and respiratory

illnesses,” one daughter with seizures, and that

another daughter [who] “had to have her

adenoids/tonsils removed. … The surgeon asked if we

lived on base housing because he thought it might be

12 Id.

13 Id.

7

mold related. 14 There are countless other examples of

service members describing the destructive effects of

mold exposure on their own health, as well as the

health and well-being of their spouses and children.

B. National Security & Mission Readiness

Despite the immense professionalism exhibited by our

military as a general matter, there is no question that

the significant disruptions caused by mold-related

problems at home present an impediment to our

national security as well as mission readiness.

The numbers tell the story: nearly one-half (47%) of

servicemembers reported being at risk for

compromised readiness because of mold or other

significant problems with their military housing. 15

These tangible detriments to readiness include, but

are not limited to: (1) mental health challenges; (2)

negative impact to cognition or ability to focus; or (3)

even basic ability to attend work or temporary duty

assignments (“TDY”). 16 In addition, nearly two-thirds

(66%; and over 75% of respondents in Hawaii and

North Carolina) of those with mold issues report

feeling demoralized as “stuck without options” due to

the lack of responsiveness from those responsible for

housing maintenance. 17

Beyond the numbers, the real-life experiences of our

military families speak volumes. The unfiltered

14 Id.

15 Id. at 14.

16 Id.

17 Id. at 5, 12

8

comments of this active-duty Army service member,

captured by our survey, exemplify the level of

disruption caused by mold-related contamination:

We were told to be out of our home by

Christmas Eve, with three small

children. We were all very sick and it was

incredibly difficult. We had to put all of

our stuff into storage to be cleaned and

we had to throw away or have

professionally cleaned all of our linens.

We had to find all new Christmas

presents for our kids on Christmas Eve

crammed into a hotel room with two

dogs. 18

Another Army service member from Texas described

his family being displaced “five times in less than two

years for a total of 400 days” due to mold-related

issues in their family’s military housing. 19

To be clear, service members and their families

understand that a transitory lifestyle is par for the

course in a military career – from one duty location to

the next, overseas or remote deployments, temporary

assignments, etc. It is part of what makes military

service unique. At the same time, the inherent

unpredictability of this lifestyle demands a stable

home environment to provide an anchor. For military

families whose lives are disrupted by mold, pest

infestations and other substandard living conditions

in their own homes, no such anchor exists.

18 Id. at 14.

19 Id.

9

C. Retention

Along with the negative health effects on military

families and the adverse impact on mission readiness,

the prevalence of mold-related problems in military

housing also will likely impact the retention of current

service members. Leaving aside the health and morale

effects of substandard housing, there is no question

that the presence of mold creates new financial

burdens on military families. According to the survey,

one half of service members reported paying an

average of $1,680 out of pocket to address problems

associated with substandard or unsafe military

housing conditions (e.g., pest control, mold inspection,

hotel stays, medical expenses, along with equipment

such as dehumidifiers, air purifiers, and filtration

systems). 20

This was the experience of one active duty Air Force

service member in Alaska:

[We] paid for several mold test out of

pocket (close to $600) moved homes out

of pocket, have had to replace

contaminated items with a whole

household to be replaced as financially

able, [and] throw out home belongings

because of contamination. 21

An active-duty Navy service member described the

crushing financial pressure placed on their family due

20 Id. at 11.

21 Id. at 12.

10

to the problems caused by moisture, mold, and mildew

in their military housing:

We need to put some money aside to

purchase air purifiers (about $500 each)

and a dehumidifier (about $300-400) and

also water filter system ($450) and their

filters when we already live paycheck to

paycheck.” 22

Again, these are but two examples of the real-life

financial toll borne by military families out of their

own pockets, apart from the health, morale, and

emotional consequences described above. As a result,

there is every reason to believe that the cumulative

effect of these pressures caused by mold

contamination and other substandard military

housing conditions have created – and will continue to

create – significant barriers to retention of service

members.

D. Future Force & Recruiting

Finally, the pervasive problems from mold, and other

substandard living conditions, in military housing are

likely to have a negative impact on future force and

recruiting. According to a 2023 GAO Report, enlisted

service members reported that “poor living conditions

negatively affect work performance, training, and

DOD’s ability to recruit qualified personnel.” 23 In fact,

22 Id. at 12.

23 “Military Barracks: Poor Living Conditions Undermine

Quality of Life and Readiness,” U.S. Gen. Accountability Office,

GAO-23-105797 (Sept. 2023), at 41.

11

at all 10 installations included in the GAO Report,

senior enlisted service members pointed to a causal

link between poor living conditions and reduced work

productivity and negative perceptions “about serving

in the military.” 24

Moreover, there is strong reason to believe that

negative experiences in military housing will disrupt

the crucial pipeline of “legacy” recruiting, i.e., drawing

new recruits into military service who either grew up

in military families themselves or who had close

family members who served. For example, historical

Pentagon data shows as many as 86% of U.S. Air Force

recruits had a close relative (e.g., grandparent, parent,

sibling, aunt/uncle, or cousin) who served, while the

each of the other major branches had well over 75%

legacy recruiting rates (82% for the Navy, 79% for the

Army, and 77% for the Marine Corps). 25

As more military families experience negative health

and morale impacts from substandard and unsafe

military housing, compounded with the frustration

from the lack of effective remedies to address the

problems – it is likely that these issues will have a

corrosive effect on military recruitment among

“legacy” recruits who would otherwise be the most

receptive population for recruitment.

24 Id.

25 TIME, Thompson, M., “Here’s Why the U.S. Military is a

Family Business,” Mar. 10, 2016 (available at

https://time.com/4254696/military-family-business/)(last visited

Dec. 21, 2025). More recent data from the U.S. Army shows its

legacy recruitment rate is as high as 83%.

12

Perhaps more disturbingly, there is no question that

thousands of military dependents are being exposed to

mold and other harmful toxins when living in

substandard military housing. Given the known risks

associated with mold exposure, including asthma,

severe allergies, and various mental health and

immunological problems (see Section III.A., supra) – it

is an unescapable fact that a consequential number of

these current military dependents will be medically

disqualified from military service in the future,

regardless of their desire to do so.

IV.

Too Many Service Members Currently

Have Inadequate Remedies to Improve

Substandard Military Housing

Conditions.

Through its ruling in Vinales, the Fifth Circuit

effectively eliminated the use of the judicial system for

countless service members to hold accountable the

private contractors responsible for operating and

maintaining safe, on-base living conditions for our

military members. Instead, military service members

can be left without meaningful recourse compared to

their off-base civilian counterparts, or even fellow

service members on the same installation who happen

to live on a portion of the federal enclave with a more

favorable cessation date.

As the survey of service members showed, the lack of

accountability through current state law remedies

often leaves military families with no meaningful

recourse against private contractors. Nearly 9 out of

13

10 (86%) of respondents had to report the same issue

multiple times in their home before receiving any

maintenance support. Even then, nearly two-thirds

(66%) reported that the issue was reported as

“resolved” despite no satisfactory action taken, and

more than half (53%) of the time, the issue was not

resolved at all. 26 Specifically with regard to problems

related to mold, mildew, and microbial growth, nearly

one-fourth of respondents (23%) had to wait over six

months before resolution; others were not so lucky –

39% moved from their homes entirely before the

problem was resolved. 27

The comments reflect an ongoing, systemic problem in

the industry. For example, according to an active-duty

Army service member in North Carolina:

I was 9 months pregnant when I

discovered mold in our kitchen cabinets,

it was making me sick. Beginning of

August, we had to go to temporary

housing because the mold was so bad

they had to take the cabinets out. Instead

of replacing the cabinets they put the

same ones back in and ever since mold

keeps appearing. They just wipe it off

and call it a day. 28

An active-duty Air Force service member from Florida

shared a similar story of substandard maintenance

26 Change the Air Found., Unsafe and Unheard, at 11.

27 Id.

28 Id. at 14 (emphasis added).

14

and no accountability; this time related to pest and

rodent infestation rather than mold:

I had put in a request for pest control,

carpenter ants and vermin infestation

(rat/mice in attic/ceiling). They took well

over a month to call and schedule pest

control. They did not show up when I was

told they were, the pest control tech

showed up unannounced the following

Monday and only sprayed for ants. They

did nothing about the rats/mice, even

though I was told that the tech would

also look into/help with the vermin.

Roughly an hour later, I received a text

informing me that the request was

marked as completed. 29

Again, these anecdotes represent a fraction of

complaints lodged by military members arising from

the lack of adequate responsiveness from the entities

responsible for maintenance and upkeep of military

housing. The underlying theme is the same –

substandard or unsafe military housing, particularly

due to mold-related problems, is far too common, and

the complaints of service members are not taken

seriously or with the requisite urgency.

Given this factual backdrop, it is essential that service

members have adequate state law remedies to hold

companies accountable, but Vinales – if left

undisturbed – would further embolden private

29 Id. at 12 (emphasis added).

15

contractors to the detriment of the military families

they are meant to serve.

CONCLUSION

For the foregoing reasons, as well as the reasons set

for by Petitioners, this Court should grant the petition

for certiorari.

Respectfully submitted,

KETAN U. KHAROD

GUERRERO &

WHITTLE, PLLC

2905 San Gabriel St.,

Suite 309

Austin, TX 78705

SETH KRETZER

Counsel of Record

LAW OFFICES OF

SETH KRETZER

917 Franklin St., 6th Floor

Houston, TX 77002

(713) 775-3050

seth@kretzerfirm.com

Counsel for Amicus Curiae

December 29, 2025

16