Monday, October 7, 2024

MBTA Communities law gets its day in court

Kelly Garrity's must-read rundown of what's up on Beacon Hill and beyond.
Oct 07, 2024 View in browser
 
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By Kelly Garrity

ZONE DEFENSE Oral arguments are set to begin in a couple hours in a case that could shape the way the state can solve its housing crisis, and the stakes for some of the state’s top Democrats (and the state’s housing stock) are high.

The Supreme Judicial Court will hear this morning the case that Attorney General Andrea Campbell brought against Milton and the town’s building commissioner over their failure to comply with the MBTA Communities Law. The case itself only involves Milton, but the decision is almost certain to reverberate in the dozens of cities and towns that haven’t yet passed their own zoning plans.

Gov. Maura Healey has made addressing the state’s high housing costs and lack of availability the centerpiece of her second year in office, and she’s spent significant political capital trying to make it happen. She and Lt. Gov. Kim Driscoll have campaigned across the commonwealth on the issue. And before Milton voters blocked a plan that would’ve put the town in compliance with the controversial zoning law, Healey tried to rally support for it. She and Driscoll also started a non-profit to help tackle the thorny issue.

That hasn’t stopped some communities from voting down compliant proposals. How this case goes is likely to set a path for what’s next for them. In the arguments they’ve laid out in court documents, Milton’s lawyers say that the law doesn’t give Campbell the authority to enforce compliance. Campbell’s office says otherwise.

Throwing their weight behind the controversial law has earned Healey and others plaudits from housing advocates and political watchers.

“We like to think that we're a progressive, forward looking, lead-the-nation state, but then when we have to have some skin of the game in our communities, we don’t,” longtime Democratic strategist Scott Ferson told Playbook. Putting their political power on the line for the law is a “courageous” move by Healey, Driscoll and Campbell, he said.

It probably doesn’t hurt that the law is popular with a plurality of voters, a recent WBUR/CommonWealth Beacon/Mass Inc. poll found — particularly with Democrats.

State leaders have made a point of highlighting the places where they have already won. Surrounded by supporters in the shadow of a mixed-income building just off the Green Line’s Union Square station in Somerville last week, Driscoll pointed to the scoreboard.

“Seventy-four to two. That’s the score right now,” she said, noting that only two communities are currently out of compliance, compared to the dozens that have approved the required zoning changes.

But how the case before the court today could change the tide. However the case plays out in the court, the state is still a long way from meeting its housing goals. MBTA Communities doesn’t actually require any new construction. And a new study from the right-leaning Pioneer Institute found some communities are creating zoning plans that minimize the number of units that can be built.

GOOD MONDAY MORNING, MASSACHUSETTS. We’re officially less than a month out from Election Day, and the Bay State fundraising swings aren’t slowing down.

Ohio Sen. JD Vance stopped through Saturday before heading to former President Donald Trump’s rally in Butler, Pennsylvania, the site of his assassination attempt just months ago. And Transportation Secretary Pete Buttigieg held two events here Sunday — one at the 521 Overlook in Fenway Park featuring some very life-like pancake art and remarks from Sen. Ed Markey and New Hampshire Sens. Jeanne Shaheen and Maggie Hasan — and a second in Belmont that advertised a performance from Yo-Yo Ma.

California Rep. Adam Schiff is set to headline two Harris Victory Fund fundraisers Thursday evening in the Boston area, per the invites. Spotted on the host committee for one of the events: former Boston mayor and past Labor Secretary Marty Walsh.

Tips? Scoops? Birthdays? Hitting the trail? Email me: kgarrity@politico.com 

TODAY — Attorney General Andrea Campbell holds a press conference alongside representatives from Abundant Housing Massachusetts, AFL-CIO, Associated Industries of Massachusetts and Citizens' Housing & Planning Association at 8:15 a.m. in B. Oral arguments start at 9 a.m. Gov. Maura Healey has no public events. Lt. Gov. Kim Driscoll attends a Combined Jewish Philanthropies event at 7 p.m. in Boston.

YAHD SIGNS AND BUMPAH STICKAHS

TRAIL MARKERS — Massachusetts politicians were campaigning across the country this weekend (Attorney General Andrea Campbell in Michigan, Rep. Seth Moulton in Arizona and Gov. Maura Healey in New Hampshire and Pennsylvania, to name a few) as we passed the one-month marker until Election Day.

After campaigning for her this weekend and headlining a California fundraiser for her last month, Healey is helping former Manchester Mayor Joyce Craig, New Hampshire's Democratic nominee for governor, with fundraising again later this month — this time in Massachusetts. Tickets to the Northampton event slated for late October range from $2,500 to $5,000, per the invitation.

“Dueling protests, genitalia costumes, and Vermin Supreme: JD Vance’s Mass. fund-raising luncheon,” by Sean Cotter, The Boston Globe.

“‘Why wait?’ GOP group asks as U.S. Senate hopeful Deaton threatens party switch over abortion,” by  John L. Micek, MassLive: “A conservative activist group says it’s only too happy to show GOP U.S. Senate candidate John Deaton the door after he threatened to break with the party over abortion rights. In an email, Massachusetts Freedom Fighters, a political group helmed by former state Republican Chairperson Jim Lyons, called on voters to reject the Swansea attorney’s “legislative extortion..”

DATELINE BEACON HILL

“Healey secures $350 million for Cape Cod bridges reconstruction program,” by Maddie Browning, The Boston Globe: "Plans to replace a Cape Cod bridge are proceeding after Governor Maura Healey announced a $350 million federal funding injection into the project. Healey said her administration made an agreement with the U.S. Department of the Army and the Federal Highway Administration to put the previously appropriated money toward replacing part of the 89-year-old Sagamore Bridge that connects Cape Cod to mainland Massachusetts."

ISRAEL-HAMAS WAR

ONE YEAR LATER — “‘Everyone kind of feels a bit helpless’: After Oct. 7, locals describe a year of anguish,” by Danny McDonald, The Boston Globe. 

“Pro-Palestinian protestors halt traffic on Storrow Drive ahead of anniversary of Oct. 7 Hamas attack,” by Joanna Bouras , Boston 25 News: “Thousands of pro-Palestinian demonstrators temporarily blocked traffic on Storrow Drive in Boston on Sunday during an emotional rally on the eve of the first anniversary of the Hamas attack on Israel. Monday, Oct. 7, marks one year since the Hamas attack on Israel that led to the subsequent war in Gaza. What started as an organized protest at the Parkman Bandstand on the Boston Common on Sunday afternoon quickly unraveled as thousands moved onto Storrow Drive, walking through traffic with signs in hand and locking arms so cars couldn’t get by.”

BALLOT BATTLES

FIRST IN PLAYBOOK — Boston City Councilor Sharon Durkan is backing the “No on 5” campaign opposing the ballot question that would gradually raise the minimum wage for tipped workers to $15/hour, while allowing employers to have staff to pool their tips.

“As the city councilor for District 8 — which covers important business districts and streets including Newbury St., Boylston St., Charles St,, Causeway St,, Lansdowne St., restaurant row in Fenway, Brigham Circle, Kenmore Sq., and countless small businesses—it's my duty to elevate the voices of restaurant workers. They've shared their concerns about how this initiative could jeopardize their livelihoods. I stand in solidarity with bartenders and servers in opposing Question 5,” Durkan said in a statement.

“Although I advocate for a living wage for all workers, this ballot measure doesn't align with the needs or nuance of the restaurant industry. The details matter. I urge my constituents to vote NO on Question 5,” she added.

Durkan is the latest local official to throw her support behind the opposition campaign. A dozen mayors endorsed the “no” side in September.

WATCH — Education Secretary Patrick Tutwiler talks the Healey administration's opposition to the Question 2 and unpacks the latest MCAS scores with WBZ's Jon Keller, while Secretary of State Bill Galvin dives into the ballot question process with WCVB's Sharman Sacchetti and Ed Harding.

FROM THE 413

“Driven by lax inventory, the average price of homes in the Berkshires continues to climb,” by Claire O'Callahan, The Berkshire Eagle.

“Minor changes coming to Williamsburg zoning to comply with new accessory dwelling state laws,” by Samuel Gelinas, Daily Hampshire Gazette.

THE LOCAL ANGLE

“Lowell City Council moves citywide camping ban,” by Melanie Gilbert, The Lowell Sun: “After spending roughly $10 million on supports and services for Lowell’s homeless population over the past several years, the City Council tacked hard toward enforcement and unanimously passed a motion to have the Law Department draft an ordinance to ban sleeping, tenting or camping in public spaces in the city of Lowell. The ordinance will come before a public hearing before a vote by the council.”

“Methuen remembers mayor at annual celebration,” by Katelyn Sahagian, The Eagle Tribune: “While the city held a day of celebration, its residents also paid tribute to the city’s recently deceased mayor. … The celebration had its usual parade of food, performances, activities and fun on Hampshire Street in the city’s downtown, while promoting local organizations and the people who call the city home.”

“Council continues Kmart plan discussions,” by  Jim Sullivan, Newburyport Daily News: “Discussion on how much control the city will have over a proposed affordable housing development at the former Kmart store in Port Plaza will continue this month after a joint Planning Board and City Council Planning and Development subcommittee meeting last week didn’t reach a conclusion.”

WHAT ELSE YOU SHOULD BE READING

“Black-owned businesses saw a surge of support after George Floyd’s murder. Since then? Not so much,” by Stella Tannenbaum, The Boston Globe: “After George Floyd’s murder by Minneapolis police in May 2020, shopping at Black-owned businesses became a popular way for many people to act on their support for upending systemic racism. Since then, some consumers have moved on, and many Black business owners said they have seen a dip in sales, investments, and overall support, all of which can be crucial to helping combat the Boston-area’s stark racial wealth gap.”

“Ralph de la Torre may be out at Steward, but the corporate board behind him is still in charge,” by  Chris Serres, Elizabeth Koh and Brendan McCarthy, The Boston Globe.

HEARD ‘ROUND THE BUBBLAH

SPOTTED — at the “Pancakes with Pete” fundraiser at Fenway Sunday: Sens. Ed Markey, Maggie Hassan and Jeanne Shaheen; former Rep. Barney Frank, Rhode Island House Speaker House Joe Shekarchi, former state Rep. Maria Robinson, Black Lion Strategies CEO Samuel Gebru, former state representative and current Municipal Research Bureau Interim President Marty Walz, Charles River Watershed Association Executive Director Emily Norton, Bryan Rafanelli, Carol Fulp, Ambassador Robert Barber, Kathy Gasperine and MassDems Chair Steve Kerrigan.

HAPPY BIRTHDAY — to Peter Kadzis, MassINC CEO Joe Kriesberg and Mark Orlowski. Happy belated to Governor's Councilor Eileen Duff, who celebrated Friday.

Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.

 

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