Somerville Voters Backed Israel Boycott; Jewish Groups Say It Is Illegal

Jewish advocacy groups are urging Somerville officials to reject a proposed "Ethical Procurement Ordinance," warning that its passage would be unconstitutional and invite significant legal challenges. The Anti-Defamation League and the Louis D. Brandeis Center for Human Rights Under Law sent a letter to city officials on Thursday, arguing the ordinance is "flagrantly unconstitutional" and would expose the city to "costly and unnecessary litigation."

Lawyers representing Somerville's Jewish residents stated that the ordinance would adversely affect companies supplying products to the city and distract leadership from local responsibilities. They warned that if the ordinance is enacted as proposed, their clients are prepared to "pursue all available legal remedies to prevent its enforcement."

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The Ordinance is flagrantly unconstitutional and would adversely affect many companies that supply products to Somerville. 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.

The proposed ordinance, which was referred to the Legislative Matters Committee, seeks to prevent the city from procuring goods or services from entities that provide material support to actions recognized under international law as apartheid, genocide, unlawful military occupation, or systematic violations of international humanitarian law, specifically mentioning Israel and Palestine. This includes prohibiting investments in companies whose operations support such conduct.

Last year, 55% of Somerville voters approved a ballot initiative instructing the city to cease all current business and prohibit future investments and contracts with companies deemed to be sustaining Israel's "apartheid, genocide, and illegal occupation of Palestine." The City Council subsequently passed a resolution to implement this vote, leading to the current ordinance proposal. Pro-Palestinian signage was reportedly common in Somerville during the Gaza war and leading up to the boycott initiative.

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