A unanimous Supreme Court recently reaffirmed the longstanding principle that government officials who use the power of their office to punish or suppress the views of private organizations by threatening their business partners violate the First Amendment. This is true even if the official is investigating “concededly illegal” activities. This… READ MORE
Municipalities cannot rely on aircraft noise or expenditure of municipal resources to establish standing when they challenge a final order by the Federal Aviation Administration (FAA), according to a recent decision by the First Circuit Court of Appeals. See Town of Milton v. Federal Aviation Administration, 87 F.4th 91 (1st… READ MORE
Introduction This week, in federal court in Massachusetts, a number of out-of-state pig farmers filed a motion seeking to prevent enforcement of a Massachusetts law, originally enacted by ballot initiative, that prohibits the sale of certain agricultural products produced from animals confined in a “cruel… READ MORE
In a decision that threatens to make local politics more contentious, the SJC unanimously held that municipalities could not require speakers to be civil during public comment sessions. At issue in Barron v. Kolenda, was the Southborough Select Board’s public participation policy that required “that all remarks and dialog in… READ MORE
At a time when Towns are increasingly wary of potentially inflammatory political statements by their employees, a Massachusetts court has raised a warning flag for Towns considering discipline as a result of those statements. A Cambridge police officer filed suit against the City, alleging it had violated his constitutional free… READ MORE
The Act Enabling Partnerships for Growth that Governor Baker signed (with some specific vetoes) on January 14 has several provisions affecting municipal zoning. Foremost among these are provisions mandating density and the Housing Choice provisions. All of the provisions discussed here are effective immediately. Zoning Near Transit… READ MORE
Image by Alexey Hulsov from Pixabay On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021, H.R. 133 (the “2021 Appropriations Act”). The President signed the legislation on December 27. The 2021 Appropriations Act authorizes $2.3 trillion in federal spending, including a… READ MORE
On May 1, Governor Baker issued an order mandating that people wear face coverings in public. The order, available here, is the governor’s latest measure responding to the COVID-19 Pandemic. The governor is acting pursuant to his authority under the public health statute (G.L. c. 17) and the Massachusetts… READ MORE
With the closure of non-essential businesses, stay-at-home orders, and social distancing in light of the Covid-19 pandemic, the challenges and risks associated with meeting a notary in person has become a significant obstacle in many transactions – until now. During the Covid-19 state of emergency, documents may be notarized “remotely”… READ MORE
On April 16, 2020, the Suffolk Superior Court denied a bid by the recreational cannabis industry to stay open as “essential services” during the Coronavirus State of Emergency. The decision underscores the Governor’s broad powers during the State of Emergency and rejects the industry’s constitutional challenges to the Governor’s emergency… READ MORE