Tackling Twin Crises of Climate Change and Inequality

Flooding

September 29, 2021

Chairman Barrett, Chairman Roy, and Members of the Joint Committee on Telecommunications, Utilities, and Energy:

I am submitting testimony in my capacity as Chair of the Issues Committee of Progressive Massachusetts. We urge a favorable report for S. 2226/H. 3365: An Act providing for building justice with jobs.

Progressive Massachusetts is a statewide grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic. We are appreciative that the Legislature began the session by passing the Next Generation Roadmap bill. But if we are to meet the targets set out in the bill (and go even further), we must take additional action to address the emissions across sectors. These bills, filed by Sen. Marc Pacheco and Reps. Maria Robinson and David LeBoeuf, would be a powerful step toward doing so.

After the transportation sector, the residential sector is the largest source of greenhouse gas emissions in the state. However, many homes—notably in underserved communities—are older and must be retrofitted in order to achieve maximum energy efficiency. At the same time, many underserved communities where unemployment remains a significant problem would benefit greatly from programs that address retrofitting. 

The Building Justice with Jobs bill would do so by adopting housing regulations mandating minimum energy efficiency, energy performance, or related energy standards and by putting thousands of MA residents to work retrofitting 100,000 homes each year to improve energy efficiency and health outcomes, as well as reduce utility bills and carbon emissions.

We can address both the climate crisis and the inequality crisis at the same time; indeed, we have to. 

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

Testimony in Support of Data Equity & Indigenous Peoples Day

Tuesday, September 28, 2021

Dear Chairman Pacheco, Chairman Cabral, and Members of the Joint Committee on State Administration and Regulatory Oversight:

My name is Jonathan Cohn, and I am the chair of the Issues Committee at Progressive Massachusetts, a statewide grassroots advocacy group working to advance progressive policy here in the Commonwealth.

We would like to go on record in support of two bills being heard today: H.3115 (An Act Ensuring Equitable Representation in the Commonwealth) and H.3191/S.2027 (An Act establishing an Indigenous Peoples Day).

The diversity in our Commonwealth is a source of our strength, and we are continuing to get more diverse. Our state programs, policies, and investments need to understand that diversity in its entirety, and that cannot happen without accurate data. The demographic groups in the Commonwealth are not monoliths, and without disaggregating the data, we risk erasing persistent social, economic, or educational inequalities.

All ethnic subgroups have different histories, background, needs, and challenges. Without accurate data broken down by detailed sub-ethnic groups, critical needs of some communities in areas such as language, economic status, education, and health could be left unmet. Indeed, they already are. We cannot correct the inequities that we cannot see, and we cannot see them without comprehensive data.

Government agencies that currently collect voluntary demographic data based on race or ethnicity of residents should include voluntary subgroup options for Asian, Pacific Islander, Latino, Black and African American, and White. This would highlight and uplift data representing communities including but not limited to Vietnamese, Cambodian, Bangladeshi, Nepalese, Haitian, Cape Verdean, Ethiopian, Somalian, Puerto Rican, Salvadoran, Dominicans, and Colombians. We must also recognize the diversity within the Native American, Middle Eastern, and North African communities in Massachusetts, which currently have limited recognition by the Census Bureau.

According to a famous saying, we measure what we value. If we value the diversity of our state, and the importance of correcting systemic inequities, then we need to pass H.3115 as swiftly as possible.  

For decades, Christopher Columbus has been celebrated as a “hero” who “discovered America.” Indigenous people have made it clear that, to the contrary, these lands were invaded, not “discovered,” and that Columbus and his men were responsible for the enslavement, rape, and murder of countless Indigenous peoples in the Caribbean. Since the 1970s, Indigenous people have asked that Indigenous Peoples Day should instead be celebrated on the second Monday in October as a positive day to learn about and honor Indigenous history and peoples.

Our neighbors in Maine and Vermont already celebrate Indigenous Peoples Day, as do an increasing number of cities and towns in Massachusetts. The Commonwealth should join them, and H.3191/S.2027: An Act establishing an Indigenous Peoples Day will make that happen.

Thank you in advance for your time and consideration.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

The Next Step for Police Accountability: Tackling QI

Qualified Immunity

September 23, 2021

Chairman Eldridge, Chairman Day, and Members of the Joint Committee on the Judiciary:

I am submitting testimony in my capacity as Chair of the Issues Committee of Progressive Massachusetts. We urge a favorable report for S.945, An Act to allow restitution for civil rights violations, and S. 946, An Act to Secure Civil Rights Through the Courts of the Commonwealth.

Progressive Massachusetts is a statewide grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic. We are appreciative of the work that the Legislature did last session in passing police accountability legislation that created better standards for police professionalization as well as stronger limitations on the use of force. But there is more work to be done. 

One area that was insufficiently addressed last session was qualified immunity (QI). QI is a court-made doctrine that shields police from accountability and prevents victims of police brutality from having their fair day in court. The QI doctrine holds that, unless a perfectly matched precedent can be found in which an officer was held accountable for violating someone’s constitutional rights, then the officer cannot be held accountable, even in cases where the victim has to incur significant medical expenses.

This creates a perverse Catch-22: if a case of misconduct has not previously been found to be a “clearly established” violation of the law, then a case can’t proceed, but if it can’t proceed, then new precedent can’t be established.

If that sounds nonsensical to you, that is because it is, and we need to change it by reforming QI. These bills would rebalance the scales of justice in support of accountability. Under these bills, QI would apply only when the law is clear that the police did not violate the law. If an officer has doubt about whether an action is lawful, they should refrain from shooting first and justifying later.

The current doctrine of qualified immunity denies justice and reinforces the systemic racism of our criminal legal system. Since last summer, people around the state have been taking to the streets in support of bolder action on racial justice and police accountability. By passing S.945 and S.946, the Legislature can show that they are listening.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

Our Students Deserve an Inclusive Curriculum

Classroom

Monday, September 13, 2021

Chairman Lewis, Chairwoman Peisch, and Members of the Joint Committee on Education:

My name is Jonathan Cohn, and I am the chair of the Issues Committee at Progressive Massachusetts, a statewide grassroots advocacy group committed to a more equitable, just, democratic, and sustainable vision for Massachusetts.

We urge you to give a favorable report to S.365/H.584: An Act relative to anti-racism, equity and justice in education (Lewis – Elugardo / Uyterhoeven).

The events of the past year and a half have put a spotlight on the racial inequities in US society: the COVID-19 pandemic, the growing attention to police brutality since the George Floyd murder, and the rise of anti-Asian racism—not to mention how the January 6th attack on the US Capitol manifested the dark legacy of racism and white supremacy in our country’s past and present.

Our schools need to be equipping students with the tools and knowledge to understand the totality of our country’s history, to critically engage with current events, and to be agents of change in their communities. And we need to ensure that all students can see the contributions that people who look like them made to our nation’s history by teaching history in its fullest.

These bills would do so by creating a Commission for Anti-Racism and Equity in Education, with members chosen from advocacy groups, teacher and superintendent unions and associations, and parent groups, to develop curriculum materials with a social justice perspective and to ensure that ethnic studies and racial justice are taught at all grade levels using an analytical and age-appropriate approach. The Commission would also be tasked with advising the Department of Elementary and Secondary Education on how best to support and retain teachers and school counselors of color and with ensuring that teachers and counselors have access to professional development that fosters an equitable and inclusive pedagogy.

Thank you for your work on this important legislation.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Mass

Treating Housing as a Right with the COVID Housing Equity Bill

eviction notice

Thursday, August 12, 2021

Chairman Keenan, Chairman Arciero, and Members of the Joint Committee on Housing:

My name is Jonathan Cohn, and I am the chair of the Issues Committee of Progressive Massachusetts. Progressive Massachusetts is a statewide grassroots advocacy organization that fights for shared prosperity and racial and social justice.

We urge you to give a favorable report to H.1434/S.891: An act to prevent COVID-19 evictions and foreclosures and promote an equitable housing recovery.

The COVID-19 pandemic underscored how important affordable housing is to public health. It’s simple: when we asked people to stay home to avoid the spread of the virus, that could only be possible if they had a home to stay in.

The Legislature recognized this and passed a strong moratorium on evictions and foreclosures, and we are appreciative of all the work that went into that.

Although that moratorium has lapsed, housing instability, economic instability, and the pandemic all remain. Massachusetts has hundreds of millions of dollars of federal rental assistance, but that money often doesn’t reach tenants due to a cumbersome application process. And evictions have been rising.

These bills, known as the COVID Housing Equity Bill, offer a solution. The COVID Housing Equity Bill pensures an equitable distribution of rental assistance funds, pauses no-fault evictions during the COVID recovery period, and requires that landlords pursue and cooperate with rental assistance programs before evicting.

Tenants are not the only ones at risk, and the bill recognizes this. It would pause residential foreclosures and require mortgage forbearance based on federal policies. Owning a home is one of the only paths toward building wealth for communities of color, and we cannot allow the pandemic to make already existing racial and economic inequalities worse.

Every day without this bill, more families in the Commonwealth are put at risk of housing insecurity, and we urge swift passage.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

Protecting Civil Liberties in an Age of Facial Surveillance

Testimony submitted to the Commission on Facial Recognition on July 30, 2021

Senator Jamie Eldridge and Representative Michael S. Day, Co-Chairs

Public Comment

Government Use of Facial Recognition Technology

Dear Senator Eldridge, Representative Day, and members of the commission,

I am writing as the Issues Committee Chair of Progressive Massachusetts to provide some comments about the use of facial recognition technology in Massachusetts. We respectfully ask that the Commission recommend the legislature strengthen existing facial recognition law to ensure Massachusetts residents and visitors are shielded from discriminatory, dragnet surveillance and other harms.

Progressive Massachusetts is a statewide grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic. We are appreciative of the work that the Legislature did last session in passing police accountability legislation that created better standards for police professionalization as well as stronger limitations on the use of force. But there is more work to be done. 

The law, codified in Chapter 253 of the Acts of 2020, contains several provisions pertaining to government agencies’ use of facial recognition technology.

While we support some of those provisions, namely the creation of this Commission, the regulations governing police use of facial recognition fall far short of what we need.

We have the following key concerns about the current regulations:

  1. They only regulate facial recognition technology as used by law enforcement agencies, neither prohibiting nor regulating when this technology can or cannot be used by public agencies of different nature, for example schools or local parks departments.
  • They do not establish any limitation regarding who can directly use and operate a facial recognition system and impose very weak standards governing police requests, court orders, and the use of the technology in criminal investigations.
  • They fail to provide any due process protections for defendants who have been subject to the use of facial recognition systems.
  • They lack any enforcement mechanism to ensure that public officials comply with the law.

Thankfully, lawmakers have addressed these and other concerns in legislation filed this session. H.135, An Act To Regulate Face Surveillance, sponsored by Representatives Rogers and Ramos, and S.47, An Act To Regulate Face Surveillance, sponsored by Senator Creem, provide for some useful policy solutions to the ones outlined above.

H.135 and S.47 would, among other steps, prohibit all public entities, including public schools, the department of transportation, and other public agencies in the Commonwealth, from using and possessing this technology; create a notice-and-disclosure framework that will let persons know when facial recognition was used to identify them; and establish an exclusionary rule that would apply when law enforcement uses facial recognition in a manner that does not conform with the law.

I encourage you to consider bills H.135 and S.47 when you decide on further regulations of the use of biometric surveillance technology by government entities. We need strong regulations to ensure it doesn’t infringe on our civil rights and civil liberties, and this legislation provides an excellent model.

Thank you for your attention and consideration.

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

Why We Need to Invest in Community-Based Emergency Response

Wednesday, July 14, 2021

Chairman Timilty, Chairman González, and Members of the Joint Committee on Public Safety and Homeland Security: 

My name is Jonathan Cohn, and I am the Chair of the Issues Committee of Progressive Massachusetts, a statewide grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic.

I am testifying today in support of S.1552 / H.2519: An Act to Create Alternatives for Community Emergency Services (ACES), filed by Sen. Sonia Chang-Diaz and Rep. Lindsay Sabadosa. 

We are appreciative of the work that the Legislature did last session in passing police accountability legislation that created better standards for police professionalization as well as stronger limitations on the use of force. But there is more work to be done. 

This bill recognizes two key points. First, the best way to reduce the incidence of police brutality is to limit police interactions (and, accordingly, the scope of policing). Second, we overwork police officers by asking them to do many tasks for which they are not trained to do. Police officers are not trained social workers or mental health professionals, and we neither serve the police or the community well by asking them to respond to situations in which a social worker or mental health professional — or even a member of the community — would be best fit to respond. 

Acknowledging this fundamental, and sometimes tragic, mismatch, the bill would direct the Executive Office of Health and Human Services to establish and oversee the Alternatives for Community Emergency Services Grant Program (A.C.E.S.) to increase the availability of non-law-enforcement, unarmed community-based response options for calls to 911. 

The ACES bill would encourage the creation of local systems for protecting the mental and physical well-being of residents, preventing violence, de-escalating volatile situations, ensuring access to human services, and reducing government use of force, in emergency and non-emergency situations that do not necessitate the presence of law enforcement personnel, or, where appropriate, the person requesting help requests a response from an alternative to law enforcement. And to ensure the appropriate use of funds, the bill requires timely evaluation to assess outcomes and costs, such as mental, physical, and behavioral health outcomes, impact on reduced demand for law enforcement response to 911 calls, and rate of successfully connecting residents with human services for which they present a need. Moreover, the bill recognizes that community-based organizations, rather than local law enforcement departments, are often the best-equipped to manage such work and do the work of building trust. 

The American Rescue Plan authorized funding for alternative crisis programs. Massachusetts should embrace this opportunity to expand on police reform. De-escalation training and requirements are important. But some calls shouldn’t be going to the police at all.


Please give a favorable report to S.1552 / H.2519: An Act to Create Alternatives for Community Emergency Services (ACES).

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

“The COVID-19 pandemic has shined a light on the weaknesses of Massachusetts’s public health infrastructure.”

Vaccination

Monday, July 12, 2021

Chair Comerford, Chair Decker, and Members of the Joint Committee on Public Health:

My name is Jonathan Cohn, and I am the Chair of the Issues Committee of Progressive Massachusetts, a statewide grassroots advocacy group fighting for a Massachusetts that is more equitable, just, sustainable, and democratic.

I am here today to testify in support of S.1517 / H.2271 (An Act promoting community immunity, or the Community Immunity Act) and S.1515 / H.2370 (An Act effectuating equity in COVID-19 vaccination, or the Vaccine Equity Bill).

The COVID-19 pandemic has shined a light on the weaknesses of Massachusetts’s public health infrastructure, and these bills are essential to both our short-term recovery and long-term stability and public health.

Although Massachusetts has vaccinated a greater share of our population than most other states, we still see wide regional discrepancies. As of last week, the percentage of eligible residents with at least one dose of the vaccine varied from a low of 62% in Hampden County to more than 100% in Dukes and Nantucket Counties, with sometimes wide gaps by race and ethnicity. [1] We see such gaps most strikingly in Hampden County, where there was a 20% gap between white and Latinx residents (with both numbers below the state average).

The Commonwealth’s Vaccine Equity Initiative is clearly not doing enough to close these gaps. Although parts of the Vaccine Equity Bill (S.1515/H.2370)’s goals may have been incorporated in part by now, its ambition and comprehensiveness have not, and we urge swift passage of the bill in order to strengthen our commitment toward public health, especially as new COVID-19 variants are on the rise.

As we work on the recovery to the current pandemic, it is vital for us to ensure a stronger and more stable public health infrastructure for the challenges to come. The Community Immunity Act will help us to do that. 

We currently lack full and accurate reporting on vaccination rates among young people, relying instead on voluntary surveys of schools, summer camps, colleges, and daycares. The limited data available show alarming rates of under- and unimmunized children in communities across the Commonwealth.

We cannot fix a problem without an accurate read of it, and the Community Immunity Act’s data reporting requirements are a key first step. But the bill, as necessary, goes further, with targeted education and outreach about vaccine safety and efficacy and standardization and centralization of vaccination protocols.

Please give a favorable report to S.1517 / H.2271 (An Act promoting community immunity, or the Community Immunity Act) and S.1515 / H.2370 (An Act effectuating equity in COVID-19 vaccination, or the Vaccine Equity Bill).

Sincerely,

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts

[1] https://www.mass.gov/doc/weekly-covid-19-vaccination-report-july-8-2021/download

The Work & Family Mobility Act is Good for Safety and Good for Justice

Monday, June 21, 2021

Chairman Boncore, Chairman Straus, and members of the Joint Committee on Transportation:

Progressive Massachusetts would like to go on record in support of S.2289 / H. 3456: An Act relative to work and family mobility during and subsequent to the COVID-19 emergency.

Progressive Mass is a statewide, member-driven grassroots organization committed to fighting for a vision of shared prosperity, racial and social justice, good government, and environmental sustainability in Massachusetts.

This bill (the Work and Family Mobility Act) would enable all qualified state residents to apply for a standard Massachusetts driver’s license, regardless of immigration status, to increase road and public safety and allow for greater mobility across our Commonwealth.  

Immigrants are a core part of the fabric of our community, but regressive laws still on the books hinder their ability to fully participate. Notably, our state still prevents undocumented residents from obtaining driver’s licenses, hindering their ability to work and to engage in the community. 

This is bad for our economy and bad for public safety. In 2016, undocumented immigrants contributed $8.8 billion to the Massachusetts economy, and not being able to obtain a driver’s license prevents their full participation in the economy, especially as our underfunded public transit system too often provides irregular hours and insufficient reach.

Moreover, this situation is bad for public safety. All drivers on the road should have the appropriate training that comes with a license: that makes everyone — fellow drivers, cyclists, and pedestrians — safer. 

But a true definition of public safety is much broader. In the first two years of the Trump administration, Immigration and Customs Enforcement (ICE) arrests of people with no criminal convictions more than tripled, fueled by a fivefold increase in arrests of immigrants who’ve been charged with an offense but not yet convicted. The most common charges were traffic offenses. Although the Trump administration has passed, we cannot wait for a slow-moving federal government to take action to overhaul its approach to immigration enforcement. We can and must act now.  

Other states have realized that changing the law so that immigration status is no longer a barrier to obtaining a license is common-sense policy. More than a dozen states have already passed such laws, including our neighbors in New York, Connecticut, and Vermont. It’s past time that we do too. We urge a prompt favorable report for S.2289 / H. 3456: An Act relative to work and family mobility during and subsequent to the COVID-19 emergency.

Sincerely, 

Jonathan Cohn

Chair, Issues Committee

Progressive Massachusetts