Jewish groups warn Massachusetts officials that they'll be sued if 'Israel boycott' law passes

They can’t say they weren’t warned.

Jewish groups are giving a heads-up to Somerville, Massachusetts officials that they will certainly be sued if the city’s proposed “Israel boycott” law passes.

The Anti-Defamation League and Louis D. Brandeis Center for Human Rights Under Law on Thursday urged city officials to reject the controversial ordinance.

The groups — writing on behalf of Somerville Jewish residents — argue that the law is unconstitutional and would expose the city to significant legal and financial risks.

“The Ordinance is flagrantly unconstitutional and would adversely affect many companies that supply products to Somerville,” lawyers for the Jewish groups wrote to Somerville officials. “Moreover, the Ordinance is an invitation to costly and unnecessary litigation that will distract City leadership from the important local responsibilities they were elected to address.

“We urge the Council and City to reject the Ordinance,” the attorneys added. “Should the Ordinance be enacted in its current form, our clients are prepared to pursue all available legal remedies to prevent its enforcement.”

The proposed “Ethical Procurement Ordinance” was in front of the Somerville City Council last week, and it was referred for recommendation to the Legislative Matters Committee.

Last year, 55% of voters in the Somerville municipal election voted “yes” to instruct the city to “end all current city business and prohibit future city investments and contracts with companies as long as such companies engage in business that sustains Israel’s apartheid, genocide, and illegal occupation of Palestine.”

The City Council then passed a resolution to follow through on that vote, leading to this proposed ordinance.

The ordinance reads, “The city may not procure, contract for, hire, or retain labor or services performed, or goods produced, by an entity whose contracts, services, or operations… provide material support to, or derive revenue from material support provided to entities engaged in conduct recognized under international law to constitute apartheid, genocide, unlawful military occupation, or conduct recognized to constitute systematic violation of international humanitarian law, including without limitation in Israel and Palestine.”

When it comes to investments, “The city may not purchase financial equities or bonds that constitute investment in entities whose contracts, services, or operations provide material support to, or derive revenue from material support provided to entities engaged in conduct recognized under international law to constitute apartheid, genocide, unlawful military occupation, or conduct recognized to constitute systematic violation of international humanitarian law, including without limitation in Israel and Palestine, so long as alternatives with equivalent or better financial prospects are available.”

The Jewish groups writing to city officials warn that the proposed ordinance would deepen community divisions, expose taxpayers to costly litigation, harm local businesses, and isolate Jewish and Israeli residents.

According to the organizations, Jewish families have reported intimidation, harassment, vandalism, and exclusion, and some have felt compelled to leave the city because of the hostility they experienced.

ADL recorded a total of 279 antisemitic incidents in Massachusetts last year, including 39% related to Israel or Zionism.

“Passing this ordinance will not make Somerville Jews and Jews throughout Massachusetts – who are experiencing harassment, vandalism, and intimidation – safer or more welcome in the community,” said Jonathan Greenblatt, CEO and national director of ADL. “BDS (Boycott, Divestment, and Sanctions) has never been about peace; it’s about casting Israel and the Jewish people as uniquely deserving of punishment. This is a moment for local leaders to stand with all their constituents, including their Jewish constituents.”

Somerville City Councilor Ben Ewen-Campen is one of the councilors backing the ordinance.

“This is Somerville residents exercising their democratic voice about how their tax dollars are spent,” the councilor said in response to the warning letter. “I welcome all feedback, but will not be deterred by outside organizations — particularly ones with a well-documented record of conflating criticism of Israeli government policy with antisemitism — from listening to our own constituents.”

City Councilor Will Mbah added that it’s important to support the will of the voters.

“As an immigrant from Cameroon, I have witnessed how conflict, violence, and displacement can leave deep and lasting scars on families and communities,” he said. “Whether in Cameroon, Israel, Palestine, Sudan, Ukraine, or elsewhere, I believe that every human life has equal dignity and worth. My support reflects a commitment to human rights, peaceful coexistence, and the principle that our actions as a city should be consistent with our values.”

A spokesperson for Somerville Mayor Jake Wilson said, “The Council has proposed an ethical procurement ordinance, and they will be discussing that as part of their ongoing process. My administration is honoring our previous commitment to make staff available for their deliberations on what is legal and practicable.”

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