Massachusetts
Rent control question tossed from ballot, SJC cites religious exemptions
Massachusetts voters will not have the opportunity to decide whether to end a decades-long ban on rent control after the Supreme Judicial Court (SJC) ruled Tuesday that it must not appear on the November ballot, citing the exemptions for religious organizations included in the question.
The SJC ruled that the initiative petition “impermissibly” relates to religion and religious institutions – something the Massachusetts Constitution states cannot be involved in the initiative petition process.
It’s the second ballot initiative struck down by the SJC in less than a week where the high court cited errors made by Attorney General Andrea Campbell’s office, with justices issuing an opinion in May on a third ballot initiative regarding legislative stipends they said should not have been certified the AG’s office.
Last week, the SJC struck from the ballot a measure that would have gradually lowered the state income tax, citing a “misleading summary” authored by Campbell’s office. The SJC sided with Campbell on three other challenges to ballot initiatives certified by her office.
But even with the Attorney General’s office committing errors on three of six ballot initiative certifications, Campbell is defending her staff, and even calls it a “great record.”
“We have 47 (ballot initiatives) that we approved, we have 44 we certified. We had six challenges, and we got three wrong. I think that’s a great record,” Campbell said when asked by the Herald if the her qualifications, as well as those of her staff, should be called into question.
“That just tells me we have more to do to be better. Any institution, whether it’s media outlets or any industry, if they can get it 100% right every time…that doesn’t happen. We own these mistakes, I own these mistake, and now we’ll move forward to improve our process to get it right the next time,” she said.
When it comes to the rent control decision, Campbell had certified the question for the ballot. She reacted to the court’s ruling to block it shortly after it was posted by the SJC .
“We got the rent control initiative, we certified it. But we, of course, have to respect the court’s decision which was against us, and we got that wrong,” Campbell admitted during her monthly appearance on GBH radio Tuesday morning.
Campbell went on to say that her office attempted to explain in its summary, which appeared on the petition used to gather required signatures to qualify for the ballot, that religious institutions would be exempt from the law, if it were to pass.
The exemption for religious organizations controlling rental units was part of the language of the original petition.
“The court disagreed and said that even a minor reference to religion was not appropriate for a valid initiative, and we were just reviewing this. Obviously the decision just came out, and I think it was only the second time that the court has broken this standard, so it’s not like it happens frequently,” she said.
The plaintiffs, whom the SJC sided with in its ruling, claimed the petition should be disqualified because “religion is a factor in the application of the law,” citing a legal precedent that is key to the court’s ruling.
“The petition … concerns a generally secular subject matter — rent control. But, by including an express exemption for facilities operated solely for religious purposes, the petition impermissibly makes religion “a factor in [the petition’s] application.” And in order to enforce the proposed law, the exemption would require the government to determine if a facility is “operated solely for . . . religious . . . purposes,” and then make an enforcement decision based on the facility’s religious purpose (or lack thereof),” Justice Frank Gaziano in the SJC decision. “Further, the petition would confer preferential treatment on religious institutions by allowing them to increase rent prices, while limiting rent increases for secular facilities.”
The AG’s summary of the proposal stated that the rent control measure “would not apply to … units operated for educational, religious, or non-profit purposes.” Campbell had certified the question for the ballot, using a process that she has called “stupid” and said needs to be “revamped.”
Several other organizations involved in the fight for and against rent control are weighed in on the ruling, with rent control proponents calling it “disappointing,” and opponents celebrate.
“This decision is a massive disappointment after all the work that thousands of volunteers and advocates in every corner of the state put into qualifying our rent control initiative for the ballot, but it’s far from the end of our campaign to protect Massachusetts renters from excessive rent hikes,” said New England Community Project Executive Director, who also chairs the Keep Massachusetts Home campaign, adding that the plaintiffs were financed by “equity-backed real estate investment corporations.”
Housing for Massachusetts – a nonprofit organization against the rent control initiative, called it “the nation’s most extreme” rent control proposal in a statement celebrating the ruling.
“Today the Supreme Judicial Court confirmed that the nation’s most extreme rent control proposal was unconstitutional. While we firmly believe that Massachusetts voters were prepared to vote ‘no’ in November, today’s decision puts the issue to rest and protects our housing pipeline and our communities from the proven damage that rent control inflicts,” the organization said. “We are incredibly grateful to the countless small property owners, real estate professionals, elected officials, and community leaders who supported our coalition, and we look forward to working together to create more homes and tackle affordability through real policy solutions.”
The rent control question was the last of this year’s ballot questions still pending with the SJC.
Meanwhile, the SJC also ruled this week to allow a question to move forward that would switch the state’s primary election system to an all-party primary, proving to be a significant influence on what voters will decide on in the November election.
Massachusetts
This Massachusetts beach has the ‘best etiquette’ in the state.
Medford native Maria Menounos hosting ‘Heal Squad Day of Reset’ in Yarmouth
Medford native and celebrity Maria Menounos is hosting ‘Heal Squad Day of Reset’ at Red Jacket Beach Resort & Spa in Yarmouth.
Looking for a beach where fellow beachgoers have good manners?
Travel website Exoticca conducted a survey and found the beach with the best beach etiquette in each state, including Massachusetts, so you can know the place where Bay Staters treat both the beach and each other with the most respect.
“We surveyed 3,011 Americans to find out where beachgoers are seen as having the best etiquette, and the results say quite a lot about what people actually want from a beach vacation,” Exoticca said.
In Massachusetts, voters said to head to the North Shore.
Crane Beach — Ipswich, Massachusetts
The extremely popular Crane Beach in the North Shore town of Ipswich was voted the best for beach etiquette by Exoticca’s readers.
Exoticca said that the places that scored the highest in positive beach etiquette were places where people focused on the clarity of the water and the beautiful scenery rather than external distractions like seaside restaurants or shops on the boardwalk, where “everyone around seems to understand that nobody wants the place spoiled.”
Crane Beach is known for its white sand and conservation. It’s one of the nesting places for piping plovers, according to The Trustees.
“To protect threatened shorebirds during your visit, we ask that you avoid the fenced nesting areas and the wrack, the line of washed-up organic debris where the birds feed and hide,” the Trustees said.
Despite having 350,000 people visit annually, according to the Trustees, Crane Beach still achieved the top spot of beach etiquette.
How to visit Crane Beach
Barring going on Martin Luther King Jr. Day or on Veterans’ Day for families with veterans, visitors do have to buy tickets for vehicle entry and parking. Tickets are cheaper if visitors arrive via motorcycle, biking, or walking.
“Strict rules apply: no drop-offs, re-entry for nonmembers, or outside food delivery; dogs and horses are not allowed April 1–September 30,” the ticket selection webpage said.
Rin Velasco is a trending reporter. She can be reached at rvelasco@usatodayco.com.
Massachusetts
Mass stranding of bottlenose dolphins off Cape Cod said to be largest in Massachusetts history
Rescuers were working to save around 30 bottlenose dolphins that got stranded off the coast of Cape Cod early Monday morning. It is the largest known stranding of bottlenose dolphins off Massachusetts, according to the International Fund for Animal Welfare (IFAW).
The dolphins had become stranded between First Light and Ellis Landing in Brewster at about 5:30 a.m. when they came in with the tide. A woman noticed the animals and reported it. The IFAW quickly responded to the area, but five to six of the marine mammals died before help arrived.
The IFAW worked throughout the day on Monday to get the mammals away from the shoreline before the next low tide at 5:13 p.m. They said late Monday afternoon that they were still successfully being steered away.
“Our team remains in the area to monitor and herd the animals away from shore,” an IFAW spokesperson said. “We know these events can sometimes repeat in the coming hours and days, but we remain hopeful.”
The organization said it had seen an uptick in bottlenose dolphins becoming stranded off Cape Cod in the last few years.
“Bottlenose dolphins are typically an offshore species,” the spokesperson said.
They asked that anyone who encounters a stranded or distressed marine mammal not get close and never drag or push the animal back into the water.
“Similar to a person involved in a car accident, dolphins can become injured and exhausted during a stranding event,” the IFAW said.
Instead, they recommend calling their IFAW stranding hotline at 508-743-9548.
Massachusetts
Man dead after apparent drowning in Randolph pond
A man has died following an apparent drowning at a pond in Randolph, Massachusetts, on Sunday.
The Randolph police and fire departments received a 911 call at around 4 p.m. for a swimmer in distress in the water on Pond Street, according to the Norfolk County District Attorney’s Office..
Firefighters located the man a short time later, officials added, and he was taken by ambulance to an area hospital where he was pronounced dead.
The Kingston Fire Department had said just before 4 p.m. that their dive team was activated for a missing swimmer in Randolph, but that the activation was canceled after the swimmer was located.
Further information is not being released at this time, including the man’s name.
Massachusetts State Police detectives and the Randolph Police Department are investigating.
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