People for the Ethical Treatment of Animals, Inc. v. Department of Agricultural Resources, et al. (Lawyers Weekly No. 10-105-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-12207 PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. vs. DEPARTMENT OF AGRICULTURAL RESOURCES & another.[1] Suffolk. February 6, 2017. – June 14, 2017. Present: Gants, C.J., Lenk, Gaziano, Lowy, & Budd, JJ. Public Records. Agriculture. Animal. Statute, Construction. Privacy. Civil action commenced in the Superior Court Department on October 14, 2014. The case was heard by Christopher J. Muse, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. David Milton for the plaintiff. Amy Spector, Assistant Attorney General, for the defendants. Laura Rótolo & Jessie Rossman, for American Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief. Jessica White, for Prisoners’ Legal Services of Massachusetts, amicus curiae, submitted a brief. LENK, J. This case concerns the scope of two exemptions from the statutory definition of “public records.” Specifically, it probes whether information, such as names, addresses, telephone numbers, and other information, contained on animal health certificates in the custody of the Department of Agricultural Resources, is subject to disclosure in response to a public records request. A Superior Court judge determined that such information is protected from disclosure under statutory exemptions G. L. c. 4, § 7, Twenty-sixth (n) and (c), implicating, respectively, public safety and privacy. For the reasons that follow, we vacate that order and remand for further proceedings consistent with this opinion.[2] Background. 1. Public records framework. At all times relevant to this case, two statutes governed access to public records: G. L. c. 66, § 10, and G. L. c. 4, § 7, Twenty-sixth.[3] General Laws c. 66, § 10, sets forth the conditions under which government entities, through their records custodians, must provide access to public records. “The primary purpose of G. L. c. 66, § 10, is to give the public broad access to governmental records.” Worcester Tel. & Gazette Corp. v. Chief of Police of Worcester, 436 Mass. 378, 382-383 (2002). The term “public records,” in turn, is defined by G. L. c. 4, § 7, Twenty-sixth. The definition sweeps in a wide array of documents and data made or received by employees, agencies, or other instrumentalities of the Commonwealth. See Hull Mun. Lighting Plant v. Massachusetts Mun. Wholesale Elec. Co., 414 Mass. 609, 614 (1993), citing G. L. c. 4, § 7, Twenty-sixth (1990 ed.). This expansive definition of “public records” is statutorily limited by twenty enumerated exemptions in G. L. […]
Boston Strangler Victim’s Family: “People Really Did Care”
As police announced Thursday morning their "99.9 percent" certainty that suspected Boston Strangler Albert DeSalvo was responsible for the death of 19-year-old Beacon-Hill resident Mary Sullivan in 1964, her family shared their overwhelming relief South End Patch News
One Fund Boston Gives $60 Million to 232 People
By: David Ertischek The One Fund Boston began distributing more than $ 60 million to all 232 eligible Boston Marathon victim claimants on Saturday, as planned. Fund South End Patch News
‘The People That Matter:’ Updates on Victims, Vigils
Thousands of Facebook users have been sharing this passionate post from the ‘Salty Dad’ fan page (must be signed in to Facebook to see), expressing a desire to learn more about the Boston Marathon victims, and less about the suspects. “It is time that we, as a nation, demand that the press, the politicians, the pundits, and the 24 hour ‘news’ channels news start focusing on the people that matter, and ignore the ones that don’t,” the original poster wrote, referencing the media attention given to the Boston Marathon bombing suspects. We at Patch want to do our part keeping the victims’ memories alive. We’ll update this article as often as possible, with articles about and for the victims that have been published in Patch and other media outlets. We’ll also include stories about heroism, about helpers, about fundraisers and vigils. If you are looking for other coverage, too, you may refer to this page that compiles the latest about the investigation. Click the links below for full articles (as we update this story, newer stories will be posted at the top): Hundreds of Kraft Employees Stand as One Boston On Gillette Stadium (on Foxborough Patch) Police, Residents Attend Sean Collier’s Wake (on Wilmington Patch) Bombing Victim From Stoneham Finally Opens Eyes (on Stoneham Patch) Images That Capture the American Spirit (on Buzzfeed) Collier Memorial Grows at MIT (on Somerville Patch) Krystle Campbell Honored During Solemn Funeral Service (Video) (on Medford Patch) Memorial Walk in Milford Planned for Marathon Victims (on Milford Patch) Hingham Track Coach Among First Responders (on Hingham Patch) New Balance Donates $ 1M to One-Fund Boston (on West-Roxbury Patch) Fundraiser at Bittersweet Bakery for Marathon Bombing Victims (on Woburn Patch) Krystle Campbell Mourned at Medford Funeral (on Medford Patch) Runners to Show Support for Victims Monday Evening (on Fenway-Kenmore Patch) Boston Medical Center Hoping for ‘Mass Exodus’ as Victims Recover (on Boston.com) Funds Set Up for Victims (on The Huffington Post) Patriots’ Stevan Ridley Joins Local Dodgeball Tourney to Raise Money for Victims (on Foxborough Patch) Martin Richard Mourned at Tearful Service (on Boston.com) BU Scholarship Honoring Lu Lingzi (on Brookline Patch) Partners Donates $ 1M to One Fund (on Fenway-Kenmore Patch) Marblehead Children Raise Money for One Fund Boston With Lemonade/Art Stand (on Marblehead Patch) Keith Yandle Honors Martin Richard With Warm-Up Jersey (on SBnation.com) Friends Raising $ 750,000 for North End Woman Injured in Bombings (on North End Patch) Sharon Police Assisted With Marathon Bombing Response Crews (on Sharon Patch) Wellesley College Rings Bells for Marathon Victims (on Wellesley Patch) Hundreds […]
Two People Shot at 609 Shawmut Avenue
Boston Police responded to a report of a shooting at 609 Shawmut Avenue at 10:01 p.m. on Wednesday, April 17. Officers found two victims shot. One of the victims was shot in the leg. The other victim’s injuries are unknown at this time. South End Patch will have more on this once more information is available. South End Patch
State House News Service Weekly Roundup: Games People Play
There have been rifts over the gas tax and collective bargaining rights, skirmishes over sentencing reforms and more serious disagreements about casinos – not once but twice. But not since the great staring contest of 2010 between Speaker Robert DeLeo and Gov. Deval Patrick over slot parlors have hostilities between the executive and legislative branches been so open and raw. Patrick this week didn’t just threaten to veto the Democratic leadership’s proposal to raise $ 500 million for transportation with tax hikes on gas, tobacco and businesses. He eviscerated it, challenging not just the policy points, but the sincerity of the leaders who crafted it. “To come up with this plan is just not serious and to say it’s a plan, to say it’s a solution is just not serious and I’m not going to play that game. I’m still here. I’m still engaged. I’m still willing to talk about compromise,” Patrick said, calling it “too small” and too short-sighted after years of neglected infrastructure investments. DeLeo and Senate President Therese Murray finally fully responded this week to Patrick’s proposal to generate $ 1.9 billion in new revenue through tax reform for long-term transportation and education investments with a more immediate, and scaled down proposal focused on a 3-cent gas tax hike, a $ 1 per-pack cigarette tax increase and business taxes on software and out-of-state corporations. “We’re trying to protect the middle class. That is I think one of the major differences of the two plans,” DeLeo said Thursday after Patrick’s veto threat. DeLeo called the leadership plan one that is “more responsive to the needs of the middle class,” a clever way of packaging a $ 500 million tax increase. Murray said the plan would not “bankrupt” the current generation. “Doable,” she called it. Click here to subscribe to MASSterlist, a free morning newsletter by State House News Service that highlights political news from a wide array of newspapers and journals in Massachusetts and New England For three leaders of the same party who profess to have great respect and personal admiration for one another, Patrick, DeLeo and Murray seem to be having considerable difficulty playing nice. The governor did not see a summary of the legislative leadership’s plan until minutes before they rolled it out for the press, and they had not spoken about it before Patrick stood before the cameras to call it “a pretend fix.” Hatched largely in private among a select few lawmakers, even members of DeLeo’s leadership team were uncertain early Tuesday morning where the speaker had landed on a plan that’s already up for a vote on Monday. Two major differences between this battle over taxes and the gambling impasse […]