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‘Right to repair’ proponent pushes for resolution of Massachusetts lawsuit – Repairer Driven News

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‘Right to repair’ proponent pushes for resolution of Massachusetts lawsuit – Repairer Driven News


The proponent of Massachusetts’ voter-approved Proper to Restore Act is looking for the immediate decision of a authorized problem to the regulation filed 18 months in the past by a company representing automakers.

In a short filed Thursday afternoon, the Massachusetts Proper to Restore Committee calls a immediate decision of the info entry regulation’s legality “crucial in gentle of present trade traits and developments,” and alleges that delays in implementing the regulation profit OEMs at a price to customers.

The committee claims that the Proper to Restore Act is “an important piece of laws that has implications not solely in Massachusetts however nationwide.

“The problems at stake concern the continuing viability of impartial restore retailers and the livelihoods of their staff, in addition to the rights of customers to entry essential information that they personal and that’s contained of their autos, and get their automobile repaired wherever they select.”

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The committee will not be a celebration to the swimsuit, however petitioned to file an amicus temporary, additionally known as a “pal of the court docket” temporary, provided in help of 1 facet or one other on the authorized challenge at hand.

The Alliance for Automotive Innovation (AAI), representing automakers, filed swimsuit in November 2020 to halt enforcement of the regulation, which requires any OEM that sells a automobile in Massachusetts that makes use of a telematics system “to equip such autos with an inter-operable, standardized and open entry platform throughout the entire producer’s makes and fashions.” The laws turned efficient with the 2022 mannequin yr.

AAI has claimed that, amongst different issues, the deadline was inconceivable to satisfy, and that OEMs couldn’t adjust to the regulation with out violating federal security and environmental legal guidelines.

Arguments within the case concluded in June 2021, however delays, together with the post-trial discovery that Subaru of America and Kia of America had disabled their telematics techniques in mannequin yr 2022 autos offered in Massachusetts in response to the regulation, have induced U.S. District Courtroom Choose Douglas Woodlock to repeatedly postpone issuing his opinion.

Woodlock has most just lately mentioned that he expects to resolve the case by July 1.

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Within the temporary, the committee makes an argument additionally made throughout trial: that impartial retailers would not have entry to data wanted to restore their clients’ autos. The AAI has disputed that declare, mentioning that entry to all restore and upkeep data has been protected by a nationwide memorandum of understanding (MOU) signed by automobile producers in 2014.

Though Lawyer Normal Maura Healey has agreed to place off enforcement of the regulation till the case has been resolved, the committee argues that it might nonetheless be enforced by civil motion.

“On the outset of this litigation, the Courtroom indicated that this case ought to be resolved promptly, and carried out an expedited discovery and trial schedule. The Committee appreciated that strategy and was happy that the trial was capable of be performed in June of final yr,” the temporary states.

“At this juncture, in gentle of the passing of practically one yr because the trial of this matter, and one and a half years because the Act was accepted by the voters, this temporary is obtainable for the aim of presenting issues concerning the impact of additional delaying the enforcement of the Act’s provisions.”

The committee accuses the OEMs of a technique of utilizing delays which might be “irritating the continuing efforts of customers and impartial restore retailers to acquire honest and equitable entry to automobile diagnostic information wanted to keep up and restore autos.”

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Nonetheless, it doesn’t point out {that a} important delay within the case was attributable to Healey, in defending the regulation, when she persuaded the decide to reopen proof in gentle of the Subaru and Kia revelations.

The temporary argues that most of the 2022 autos on the highway are transmitting information that restore retailers and automobile homeowners can’t entry and that repairers have been prevented from servicing sure makes of autos resulting from OBD port entry points addressed within the regulation.

The dearth of OBD entry, the committee argues, forces impartial retailers to ship their clients to competing dealerships or approved restore amenities which have entry. “This case is exactly what the Act was meant to handle,” the temporary claims.

The temporary doesn’t supply any particular examples of such circumstances. Attorneys representing the committee didn’t reply to an e mail from Repairer Pushed Information earlier than the publication deadline.

“Using telematics in autos will not be a hypothetical idea projected to happen sooner or later however is the present actuality,” the committee argues. “The transition to utilizing telematics techniques to speak automobile information required for prognosis and restore of cars has accelerated through the pendency of this case. Likewise, the OBD port entry points are presently impacting the aftermarket trade.

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“Opposite to the clearly-expressed wishes of the Massachusetts voters, producers are efficiently controlling entry to automobile information, excluding impartial restore retailers and automobile homeowners and limiting this significant information to their very own franchised sellers,” the temporary states.

The AAI didn’t reply to RDN’s request for remark earlier than the publication deadline.

The temporary was filed on behalf of the Proper to Restore Committee by Edward V. Colbert III and David Koha of the Boston regulation agency Casner & Edwards. The committee is a coalition of 4,000 Massachusetts impartial auto restore retailers, native auto half shops, customers, and drivers.

Extra data

Ruling in Massachusetts ‘proper to restore’ case once more postponed, to July 1

Photographs

Featured picture by bernie_photo/iStock

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Massachusetts

Massachusetts rescue and utility crews head south to help in Hurricane Helene aftermath

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Massachusetts rescue and utility crews head south to help in Hurricane Helene aftermath


Massachusetts crews helping with Hurricane Helene relief and recovery

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Massachusetts crews helping with Hurricane Helene relief and recovery

02:22

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BOSTON – Massachusetts is sending aid to states like Florida and North Carolina in the wake of Hurricane Helene, where the damage is estimated to be in the billions.

Massachusetts Task Force 1, which is based in Beverly, is already on the ground in the south, rescuing people from rushing flood waters and crumbling buildings. The task force is made up of police officers, firefighters, engineers, rescue specialists and others. The task force initially sent 45 people to Florida to help, then 45 more were dispatched a day later to North Carolina. Sixteen members were sent strictly to help with water rescues.

“They’re still doing water rescue and searches,” said Thomas Gatzunis of Massachusetts Task Force 1. “Checking structures that, obviously, were damaged and they haven’t been cleared. So they will systematically go through and make sure that there’s nobody in the building either well or not and just make sure that the buildings are cleared. We’ll just stay down there for as long as it takes.”

Eversource utility crews from Massachusetts, New Hampshire and Connecticut have also started the long drive to Virginia to help with power restoration. More than 2 million customers from Florida to Virginia have lost power.

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What to know about this year’s ballot questions in Massachusetts

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What to know about this year’s ballot questions in Massachusetts


BOSTON – This fall, Massachusetts voters will face the largest crop of statewide ballot questions in years, many of them involving complex issues.

Evan Horowitz, executive director of the Center for State Policy Analysis at Tufts University, has done a deep dive into the details of the questions, and he joined Keller @ Large to offer a primer.

Massachusetts Ballot Question 1

On Question 1, expanding the state auditor’s authority to audit the legislature, Horowitz said passage “probably will not empower the auditor to oversee the things people care about in the legislature, their votes, their committee assignments. She’s not going to have that authority. The courts probably won’t give it to her, and the legislature will fight back. So I think a yes vote is not a vote for this power. A yes vote is a vote for gridlock.”

Should MCAS be graduation requirement?

A “yes” vote on Question 2, would wipe out the lone statewide graduation requirement in Massachusetts that students pass the MCAS test by 10th grade. Students would still take the MCAS, but each district would set its own standards for graduation. 

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“This really is a question for voters about who should have the authority to dictate who can graduate from high school. Should it be districts? Or should the state play a role and say we have to sign off because we have over 300 districts in the state, [and] if they each have their own standards, that’s no standard,” Horowitz said.

“There are good arguments, I think, on both sides. The teachers union, which is backing the question, says this will give more freedom to teachers will be able to tailor their coursework for the students who need it. The business groups who are really on the no side, they’re saying we don’t want to become a state with a fractured education system,” Horowitz  added. “We want to set high standards across the state. If you vote yes on this, you’re undermining that effort. Certainly MCAS has been a part of the ed reform that’s been nationally acclaimed and we do have some of the best schools in the country. Lots of people credit MCAS for at least part of that success. It is also true, though that most states have common standards, but usually not a test, usually a set of curricula or a set of coursework that seems have to compete. So we are kind of an outlier and really relying on a test to set the common standard from state.”

Sector-based bargaining

Question 3 would allow something called sector-based bargaining here, in which rideshare drivers using platforms like Lyft and Uber could negotiate together for better pay and benefits that would then apply across the industry. 

“Drivers cannot form unions in the traditional way, because they’re not considered employees, they’re considered independent contractors,” Horowitz said. 

The ballot question would order the state to “set up a whole set of regulations.” 

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“Let’s allow the sector based system where we’ll have drivers negotiate with all the companies at once and set rules for the whole industry,” Horowitz said. “The big issue will be business interests won’t like it. If it passes here again, you’re likely to see significant challenges, not just from rideshare companies, but from maybe the Chamber of Commerce, national business interests, because this would be a first in the nation effort to set up a system like this, and it could expand to other states and other industries.”

Will Massachusetts legalize psychedelic drugs?

A yes vote on Question 4 would legalize and regulate the use of some psychedelic drugs for both licensed mental health professionals and private parties who want to grow their own,

Horowitz says that would create “a new class of people, facilitators, to oversee the usage, which will be separate from the medical system. And it has to be separate from the medical system, because these drugs are illegal federally. They will remain illegal federally. So there will be no insurance coverage. There’s always the chance of a federal crackdown. I do want to be clear the drugs we’re talking about…can have very serious cardiac and neurological effects. It’s not a kind of casual set of drugs.”

Minimum wage for tipped workers

And Question 5 would phase out the current minimum wage that tipped workers, like waiters and bartenders, get, and require employers instead to pay those workers the full minimum wage. 

“If you’re a tipped worker, you’re working in a restaurant, you are already entitled to the full minimum wage,” Horowitz said. “You are getting $15 an hour, it’s just a question of who pays it. Right now, the employers can pay as little as 675, so long as you make the other $8.25 in tips. So the tips are going toward the minimum wage, and if you don’t get enough in tips, the employer has to cover it. Our research suggests that in other places that have these laws that require employers to cover, tipped workers tend to make a little bit more. But then there are additional stresses on restaurants and other businesses, which they intend to have to address with higher prices and service fees.”

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3 inmates charged for brutal Massachusetts prison attack

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3 inmates charged for brutal Massachusetts prison attack


Three inmates are now charged for the brutal attack at Souza-Baranowski Correctional Center earlier this month that injured five correction officers — with one stabbed 12 times and suffering a punctured lung.

“Attacks against our officers will not be tolerated and the serious charges filed against the three individuals demonstrates that the Massachusetts Department of Correction will take action,” interim DOC Commissioner Shawn Jenkins said in a statement included in the announcement.

Investigators filed criminal complaints against the inmates in Clinton District Court. Jose R. Crespo, 39; Heriberto Rivera-Negron, 36; and Jeffrey Tapia are each charged with mayhem, armed assault to murder and assault to murder. Rivera-Negron is scheduled to be arraigned on Oct. 10, Crespo on Oct. 11, and Tapia on Oct. 15.

The violence went down on Sept. 18. A surveillance video from the attack shows a correction officer walking through a common area with tables and attached chairs when an inmate leaning against a wall lashed out, either with fist or a “shiv,” a makeshift knife.

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The officer recovers enough to slam the inmate to the ground but another inmate rushes in and the officer grapples with both until another officer comes to his aid. Then a third officer and a third inmate become involved. Roughly 15 seconds later, several officers join and contain the situation.

The five injured officers were treated at a hospital.

The DOC “increased resources” and added “specialized staff to the facility for the day and evening shifts” as of five days following the event, Jenkins said then.

“This type of violence is unacceptable and now those involved will be held accountable in the court of law. We have and will continue to make the safety and health of our Correctional Officers a priority and appreciate their dedication to the DOC and the Commonwealth of Massachusetts,” Commissioner Jenkins wrote in his statement. “Our investigators worked tirelessly since the incident occurred to bring these charges forward.”

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