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In last-minute maneuver, Boston’s White Stadium opponents seek new ‘legal theory’ to block city’s soccer project

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In last-minute maneuver, Boston’s White Stadium opponents seek new ‘legal theory’ to block city’s soccer project


With half their case already dismissed, a group of plaintiffs vying to stop the City of Boston’s public-private plan to rehab White Stadium for a pro soccer team made a last-minute motion near the end of trial to try to enhance their legal claims.

The late motion aims to provide a layer of insurance to the plaintiffs’ remaining major claim, by way of a legal theory purportedly backed by state law that gives 10 taxpayers the ability, through the court, to block the type of project the city and Boston Unity Soccer Partners are pursuing with their plan to rebuild the stadium on public parkland.

While 20 neighbors of Franklin Park’s White Stadium joined the Emerald Necklace Conservancy in filing last year’s lawsuit, not all of them were homeowners who pay property taxes. The motion adds to their legal challenge, that the proposed for-profit stadium would illegally privatize protected public land, by ensuring that the plaintiffs include 10 “taxable inhabitants of the City of Boston.”

“Under this statute, this court ‘shall have jurisdiction in equity, upon petition of not less than ten taxable inhabitants of the city or town in which such common or park is located, to restrain the erection of a building on a common or park in violation of this section,’” the motion filed Wednesday by Attorneys Alan Lipkind and Nicholas Allen states.

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The motion asserts that the city is violating state statute by erecting a more than 600,000 square-foot building on designated public parkland without legislative approval, and by raising funds for the roughly $200 million project.

That legal argument forms the basis of the plaintiffs’ remaining case, which is that the public-private plan violates Article 97 of the state constitution, which voters approved in 1972 and requires two-thirds approval from the state Legislature for other uses for land and easements taken or acquired for conservation purposes. The city and BUSP deny the privatization claim.

The plaintiffs’ motion “to conform their pleadings to the evidence presented at trial,” drew backlash from attorneys for the City of Boston, who argued that the last-minute legal maneuver should not be allowed by Suffolk Superior Court Judge Matthew Nestor.

An attorney for the city, when the motion was introduced at the trial Wednesday, described it as “extremely prejudicial to us,” given that the plaintiffs were seeking to “add claims in the middle of a trial” that the city’s legal team had not had a chance to review nor prepare evidence for.

Lipkind responded by saying there “no new claims” introduced by the motion.

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“It’s just another tool to give the court a legal theory to rely on,” Lipkind said.

A city attorney also sought to convince Nestor to disallow the motion by arguing that it was “futile,” given that the city is only paying for its half of the project, there’s “nothing illegal” about the city spending city funds to build a school building and sports stadium, and Boston Public Schools will retain ownership of White Stadium after it’s rebuilt.

The city’s legal team also argued that the proposed use fits under the “works of beauty and public utility” for Boston residents category that the municipality was authorized to use Franklin Park for, when it was purchased by a public charitable trust in 1947 for the purpose of establishing a stadium there.

The plaintiffs’ half of the case arguing that the trust, the George Robert White Fund, does not allow for “joint undertakings” such as what the city and Boston Unity is proposing, was thrown out by Nestor on the eve of trial Monday.

In this instance, Nestor, who ruled in favor of the city on all pre-trial motions, opted to allow the plaintiffs’ last-minute motion on Wednesday. He had also rejected the city and BUSP’s motion to dismiss the plaintiffs’ claims a day earlier, allowing the trial to continue.

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Nestor said that while it’s “always good to bring claims before” a trial, the law is clear that there’s nothing barring a new claim in a civil case … “even though it’s late, really late.”

“But it’s not too uncommon,” Nestor said. “I will allow the motion.”

The matter came up again at the end of the day’s trial session, when Gary Ronan, an attorney for the city, told Nestor that the city’s legal team needed more time “to address the amended complaint.”

Nestor, who had said earlier that he would allow the defendants the ability to address the amended claim by introducing new evidence or a new witness, said that he wouldn’t allow much more time, given that he was looking to wrap up the trial with closing statements on Thursday.

“You know what the theory is so nothing from here on out should be a surprise,” Nestor said. “If there’s anything in the written amended complaint that creates something different, I’ll certainly reconsider it.”

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The second day of trial revolved around the city’s witnesses, two city officials who were involved in what they described as an extensive review and design process for the White Stadium rehab and a BPS athletics official who spoke of how he felt the plan would bring much-needed improvements to the run-down 76-year-old facility.

While Nestor ruled against allowing the plaintiffs’ pre-trial motion to bring forward public drinking concerns with the plan, he opted on Wednesday to allow their attorneys to raise the issue of state statute not allowing alcohol on school property.

Nestor, after a city attorney objected, said the city’s legal team opened that door when questioning a witness about permitted events at the stadium, which BPS owns and would share use of with the  National Women’s Soccer League expansion team.

The city’s contention that its prior classification of Franklin Park as being protected by Article 97 — a key point of contention in the plaintiffs’ case — was due to a mapping mistake by a retired Parks Department employee was raised again during testimony by Interim Parks Commissioner Liza Meyer.

The issue, regarding classification in city open space plans that go back “decades,” was first raised Tuesday in opening statements by the plaintiffs’ and city’s attorneys.

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Day 3 of the high-stakes trial, which will determine the fate of the controversial plan championed by Mayor Michelle Wu, will convene at 9 a.m. Thursday. Wu’s opponent in the mayoral race, Josh Kraft, has called for a pause on the project until the litigation is resolved.

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Boston Police Blotter: Southie pub brawl leads to alleged stabbing

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Boston Police Blotter: Southie pub brawl leads to alleged stabbing


Two people were stabbed following an alleged bar brawl in Southie over the weekend.

According to a police report, officers arrived at Tom English’s around 10:30 p.m., Friday for a report of a fight. When they arrived on the scene, a victim told police that he was sucker punched during a fight and pointed out a person who was the “main aggressor” throughout the incident.

The suspect was pat frisked by police, but the report said they did not find any weapons. “The suspect stated that he was jumped [by the party of the victim,” the report said. “The suspect refused to cooperate any further after repeated attempts by officers to get his version of events.”

Both the suspect and victim declined EMS.

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Then about an hour later, three more victims arrived at a nearby police station to report that two of them had been stabbed in the fight at Tom English. One of the unnamed victims said that the fight started after the suspect kept moving coins he put down to play pool. The suspect, according to one of the other victims, told them to meet him outside.

All parties were kicked out by a bouncer and “a large brawl ensued,” the report said. The victims told police that that suspect brandished a knife and the victims said they “fled the scene on foot fearing for their lives.”

In the report, police noted that they saw wounds on two of the victims. EMS was called to treat them.

BPD did not confirm whether the suspect was arrested.

Fireworks call leads to firearm recovery in Mattapan

Reports of fireworks led Boston Police to recover a firearm Monday night in Mattapan.

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Officers responded to the area around Callender Street at about 10 p.m. for a call of shots fire, but a supervisor alerted them that individuals were shooting off fireworks.

When police got to the scene, they said they saw a group of people standing near a car that had several packages of fireworks. As officers approached, one man started to sprint towards Blue Hill Ave., throwing a jacket off as he ran, according to BPD.

Multiple officers responded to detain the suspect and a pat frisk of the jacket uncovered a ghost gun with 7 rounds in the magazine, police said.

Kahnari White, 24, of Mattapan was charged with carrying a loaded firearm without a license, carrying a firearm without a license, possession of a firearm without an FID card, and possession of a large capacity feeding device.

While the foot pursuit and arrest of White unfolded, police said the group standing with the fireworks began to become “hostile and threatening to an officer who remained with them on scene.”

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One person allegedly continued to threaten an officer and bumped him on the chest as more officers arrived.

“Multiple de-escalation tactics were attempted, but the suspect continued to threaten officers,” Boston police said in a statement.

Eventually, officers were able to detain Sean Galvez, 40, of Quincy. Galvez was arrested and charged with disorderly conduct, resisting arrest, and assault and battery on a police officer.

Both suspects are expected to be arraigned at Dorchester District Court.

Gun recovered after foot chase in Dorchester

A 22-year-old from Dorchester was arrested on gun charges after police said they approached the suspect for drinking in public Monday night.

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Officers saw a group on Draper St. drinking publicly around 8:30 p.m., and when they approached them, one individual started to walk away.

“When officers advised the male that he could not be drinking alcohol in public, he fled on foot,” Boston Police said in a statement. “A foot pursuit ensued, and officers stopped the suspect.”

Police recovered a Smith and Wesson M&P Bodyguard .380 with nine rounds in the magazine during a pat frisk and said that the serial number on the gun was defaced.

Denilson Pires was arrested and charged with carrying a firearm without a license, possession of ammunition without an FID card, and defacing a firearm serial number.

He is expected to be arraigned at Dorchester District Court.

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‘More than just a game’: Free chess classes aim to reduce youth violence in Boston – The Boston Globe

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‘More than just a game’: Free chess classes aim to reduce youth violence in Boston – The Boston Globe


“I know we’re used to rushing, but this is a mind game. So we want to slow down and think,” Shaheed said. “Don’t move off of impulse.”

It’s a message that extends far beyond the chess board.

Organizers of Boston’s new Chess for Peace program are using one of history’s oldest board games to teach kids important life skills, including strategic thinking and conflict resolution. Their goals are to reduce youth violence and address the negative impacts of technology.

The program offers free chess classes Sunday afternoons in the basement of the Madison Park High School gym in Roxbury. It’s affiliated with a Boston Public Schools initiative that also includes basketball, boxing, yoga, rugby, and more, an effort to support families and keep students engaged throughout the week.

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Kids, including Jacquami Pierre, 7, participate in the Chess for Peace program at Madison Park High School.
Pat Greenhouse/Globe Staff

The 6-WON-7 program, which has grown significantly over the past couple years, is about to mark its 100th Sunday, said Cory McCarthy, director of student support at Boston Public Schools. School administrators launched the program partly in response to reports about unruly teenagers causing chaos at the South Bay shopping center and elsewhere on weekends, McCarthy said.

“School should feel like a community,” he said. “It’s the forgotten piece in the academic journey. It’s a safety issue. It’s violence prevention, it’s youth development, it’s all part of student wellness.”

While violent crime has decreased overall, youth violence remains a concern in Boston, largely concentrated among small groups of teenagers and sometimes fueled by gang affiliations. Social media often plays a role, experts say, with kids posting threats or bragging about crimes they’ve committed.

As technology shortens our attention spans, encourages rash decision-making and limits in-person interactions, playing chess can be a robust kind of antidote, said Renee Callender, a retired Boston police detective who spearheaded the program.

“It’s more than just a game. It actually mirrors life,” she said. “In the game of chess, like life, every action comes with consequences.”

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During more than three decades on the police force, Callender saw firsthand how cycles of violence start and end. She also founded a nonprofit called Promoting Conflict Resolution, Inc.

Instructed by Ishmael Shaheed, center rear, kids participate in the Chess for Peace program at Madison Park High School.Pat Greenhouse/Globe Staff

She said the idea for the program came from watching a youth chess tournament on TV; she was impressed by how poised and attentive the players looked. Maybe this could help kids in Boston stay out of trouble, she thought.

“It’s not only about how to play but how to lose,” she said. “How to gracefully lose. How to be humble.”

Indeed, it’s all fun and games until your king is in check.

Jacquami eventually lost to his opponent, 7-year-old Filip Rancic, who said his winning strategy involved steadily advancing his pieces toward the middle of the board.

“Sometimes he wins, sometimes he loses. So that’s good for him,” said Filip’s dad, Milan Rancic.

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“They need to learn to be patient enough to develop a strategy, and obviously avoid a tantrum when they lose — pretty much everything we want our kids to learn,” he added.

During the class, three sets of players sat across from each other at classroom desks, with Shaheed monitoring their games and offering instruction. Sometimes the clink of plastic chess pieces was the only sound in the room.

“I think I got checkmate,” exclaimed Henry Lee, 10, bouncing excitedly in his chair.

Shaheed inspected the board and confirmed — checkmate, indeed.

“Good game,” Lee said, reaching out to shake hands with his opponent, 11-year-old Jesus Beltran.

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“Can you believe you just lost to a 10-year-old?” he asked, grinning.

Beltran laughed, rolled his eyes and started setting up the board again; he had won the previous match. In addition to chess, the boys play soccer together. They agreed their friendship can easily withstand some light-hearted competition.

Kids, including Zoya Thurston, 10, participate in the Chess for Peace program held at Madison Park High School.
Pat Greenhouse/Globe Staff

A few turns into the next game, Lee made a move he instantly regretted.

“Can I have that turn back?” he asked Beltran, who smiled and shook his head no.

“So often, they’re focused on just one piece,” said Rhodes Pierre, another instructor with the program. “I tell them to examine the entire board.”

Pierre, who grew up in Mattapan, has experienced firsthand the impacts of violence. His older brother was shot and killed in 1994 near their childhood home, about two weeks after he inadvertently witnessed another daytime shooting nearby. The case was later linked to a neighborhood drug gang, according to news reports at the time.

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Pierre said he started playing chess in college and quickly came to appreciate the life skills it teaches.

“Giving people another outlet to express themselves without having to revert to violence, that’s a good thing,” he said. “Making people sit down and think. It’s a better avenue than what we have right now.”

While kids participate in the Chess for Peace program, parents and other family members watch nearby in Madison Park High School.Pat Greenhouse/Globe Staff

While sprinkling in the basics of chess strategy, Shaheed sends a similar message.

“It’s about seeing the moves behind the moves,” he told the class. “It takes paying attention, hearing your own self think. Most games are won or lost because of focus.”

It’s something he personally learned the hard way, Shaheed said.

Now 45, he spent much of his youth caught in a cycle of poverty, crime, incarceration, and mental illness. From foster care and psychiatric institutions to jails and prison, he ended up playing a lot of chess.

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The game took on a central role in his life, an overarching metaphor that changed the way he approached decision-making, Shaheed said. Especially when he found himself in a hostile environment, he would think about the moves available to him and their potential consequences. That finally helped him leave the streets behind and forge a new path.

“The easy money, it wasn’t working. It was almost like a setup — nothing made sense anymore,” he said. “I needed a better move.”

Instructed by Ishmael Shaheed, kids participate in the Chess for Peace program, held at Madison Park High School. At left is Filip Rancic, 7, Levi Ilse, 7, at right.Pat Greenhouse/Globe Staff

He still plays chess regularly with various partners he’s befriended around Boston. He said he hopes younger generations will find some of the same benefits he’s experienced.

“Chess is a game of distress, tribulations, defeat, obstacles, resistance, competition, sorrow, and conquest,” Shaheed wrote in his recently published book, “Games Over: The Real Story About Chess and Life.”

“And that’s what life is all about — overcoming barriers and making progress.”


Lea Skene can be reached at lea.skene@globe.com. Follow her on X @lea_skene.

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This Marblehead man is running the Boston Marathon for his pediatric patients

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This Marblehead man is running the Boston Marathon for his pediatric patients


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“Every kid should have access to the best, most cutting edge treatments, and we aim to do that here, regardless of where the kids come from or what resources they have themselves.”

Ben Wishart is running the 2026 Boston Marathon. Brian Wishart

In our “Why I’m Running” series, Boston Marathon athletes share what’s inspiring them to make the 26.2-mile trek from Hopkinton to Boston. Looking for more race day content? Sign up for Boston.com’s pop-up Boston Marathon newsletter.

Name: Brian Wishart

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Age: 42

City/State: Marblehead, Mass.

I am running as the Chief of the Pediatric Rehabilitation Medicine division at Spaulding Rehab to help support the hospital and adaptive sports programs.   

At Spaulding Rehabilitation, we have a full team that is really incredible at what they do. Each staff member, from the physicians, therapists, nurses, case managers, social workers, to the front desk and care assistants, are incredible.  

We work everyday in inpatient, in the clinic, in the therapy gym, and doing research to bring these types of outcomes to all our patients.  Though we see wonderful outcomes, there is always work to be done.  

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One of our goals is to really integrate the amazing research being done at Spaulding into clinical care.  

Every kid should have access to the best, most cutting edge treatments, and we aim to do that here, regardless of where the kids come from or what resources they have themselves. 

We also want to make sure we are thinking about some of those less flashy innovations in terms of how we are educating or empowering our patients, or how we are supporting and helping them cope with a new reality. 

Pediatric care is resource intensive, from needing a lot of expertise to just needing multiple sizes of each piece of equipment. 

I am working to raise funds and support to really think broadly and expansively about what we are doing and how we provide care everyday for every patient. 

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That may mean bringing meaningful research to the clinical setting or ensuring there are enough child life specialists available with the resources they need to make these children comfortable in the hospital. 

It is a privilege what I get to do every day and I thank you all sincerely for any support!

Editor’s note: This entry may have been lightly edited for clarity or grammar.


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