Pittsfield Council Mulls Resolution Against Citizens United

By Joe DurwinPittsfield Correspondent
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PITTSFIELD, Mass. — Members of the City Council spoke favorably toward a petition from residents asking that they issue a resolution in support of a constitutional amendment overturning the controversial Supreme Court decision in the case of Citizens United v. Federal Election Commission.

The petition, signed by 188 Pittsfield residents, asks the council to pass a resolution "calling on the U.S. Congress to pass and send to the states for ratification a constitutional amendment overturning the Supreme Court decision in Citizen United v. Federal Election Commission and restoring constitutional rights and fair elections to the people."

"We hope that Pittsfield will join the 67 other cities and towns in Massachusetts that have passed similar resolutions to date," Pittsfield attorney Paul Schack told the City Council on Tuesday, speaking on behalf of the petitioners.

In Berkshire County, Great Barrington, Lanesborough, Lenox, Monterey, Otis, Richmond, Sheffield, Stockbridge and Williamstown have already passed similar resolutions against the Citizens United decision.

"By presenting this petition to the city council we are replicating what is taking place all over the country," said Frank Farkas, who worked with Schack on the petition. 

"Allowing corporations to spend unlimited amounts of money threatens our democracy and the ability of real flesh and blood people to effectively exercise their rights to free speech," said Schack, "simply because such unlimited spending drowns out all other voices."

Schack also pointed to other ways the legal precedent of corporate personhood had been successfully used to invalidate various laws intended for consumer protection, from tobacco companies use of the 1st Amendment to circumnavigate ordinance-limiting cigarette advertising to a suit finding Monsanto need not adhere to a Vermont dairy labeling law.

Supporters of the petition believe that the Constitution, which has been amended 27 times throughout American history, once again be amended to rectify what they regard as a perilous situation created by the Supreme Court's 2010 ruling, but that such action is unlikely without sufficient public pressure.

Rather than vote based on the brief summaries offered by the petitioners during the open mic period before the council meeting, Ward 5 Councilor Jonathan Lothrop suggested that it be referred to its Ordinances & Rules subcommittee to allow for more thorough discussion to help the public understand and comment on such a resolution.

"I do think it's a controversial subject to a certain extent," said Lothrop. "Certainly I'm in favor of it, but I also think there's an important part to the discussion we would have at Ordinances & Rules,  where there'll be an opportunity to talk for more than three minutes at open mic."

Other councilors agreed with the need to have the public understand the case, and voiced general agreement with the petition.

"It is, I think, one of the worst decisions ever made in this country, and by the Court," said Ward 6 Councilor John Krol. "I'm 100 percent with the petitioners."

The resolution will be discussed further, and open to public input, at the Aug. 6 meeting of the council's Committee on Ordinances & Rules, before returning to the full council for a final vote on Aug. 14.

Tags: Citizens United,   city council,   constitution,   petition,   

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Pittsfield Council Approves 'Green' Items

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The City Council approved a couple of "green" items during its meeting last week. 

This includes more than $20,000 from the state for recycling initiatives, as well as cell phone recycling automated machines at Cumberland Farms on First Street and in Market 32 at 555 Hubbard Ave. 

Pittsfield received $21,000 from the Massachusetts Department of Environmental Protection’s Sustainable Materials Recovery Program, which reinvests a portion of Waste Energy Certificates into recycling programs. More than $4.2 million was distributed across the state this year. 

WECs are tradable, unit-specific certificates (1 per MWh) generated by qualified waste-to-energy facilities. 

"It's supposed to be this self-sustaining cycle of you bring money in, you can continue reducing trash, increasing recycling, increasing diversion from the landfill, and at the same time, you bring money in and support that effort," Commissioner of Public Services and Utilities Ricardo Morales explained. 

In the last two years, the city has seen a slight increase in funds because of its categorization as an environmental justice community, and Morales would like to increase that number even more.  Communities of Pittsfield’s size can see up to $50,000 based on a point system for recycling efforts. 

The city received points for bulky items, curbside recycling regulation, diversity, equity, and inclusion, organics, and waste prevention outreach and education. These funds are used to purchase products such as the composting bins that Pittsfield sells to residents for half the price. 

Morales reported that the city has been saving funds to start a recycling program staffed by a contractor, but that is not being presented "in any way" at this point. 

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