FOR DEMOCRACY AND LIBERTY - 2021 ACTION REPORT - ACLU Massachusetts
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FOR DEMOCRACY AND LIBERTY
2021 ACTION REPORT
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Message from the Executive Director
The year 2021 began with the promise of change. But just six days in, it became clear that cynical
forces intent on damaging the integrity of our elections, maintaining racial injustice, and rolling
back reproductive autonomy were gaining momentum in our country.
These threats to our democracy and liberty highlight the importance of the ACLU. Together with you,
the ACLU is on the frontlines of the movement to defend, restore, and strengthen civil rights and civil
liberties across the country—starting here in Massachusetts.
As you’ll see and hear in this report, your ACLU is a strong and steady force for equal justice under the law.
Using our powerful combination of strategic litigation, legislative advocacy, and people power, we fight for
law and policy reforms that advance our vision of a world in which all people are safe and free. In Massachusetts,
we have expanded voting rights, secured and improved abortion access, and protected the privacy rights of
Bay Staters—and we’re just getting started.
Please join us on this journey: Learn more about our recent civil rights successes, meet our remarkable staff and partners, and join
our work to make 2022 a historic year for civil rights and civil liberties in Massachusetts and across the nation.
Looking ahead, Massachusetts must be a beacon for civil rights and civil liberties. Indeed, our Commonwealth has a unique and
important role to play in resisting attacks on democracy and liberty. Our history is rich with revolutionaries, abolitionists, suffragettes,
and other civil rights heroes. In 2022, the Massachusetts political landscape is once again ripe for revolutionary reforms. Elections
for governor, attorney general, secretary of state, district attorneys, sheriffs, and local councils and school boards offer renewed
opportunities for public debate over the future direction of our Commonwealth. As a non-partisan organization, the ACLU is well-
positioned to advance civil rights and civil liberties priorities with voters and the public who care about defending democracy,
promoting equality, advancing racial justice, ensuring reproductive autonomy, and strengthening privacy. We have achieved much
together in the past year. But opponents of civil liberties aren’t taking a break, and neither will we. Together with you, the ACLU is
poised to uphold civil rights and civil liberties in the year ahead. Our democracy and liberty depend on it.
Onward,
Carol Rose
Executive Director, ACLU of Massachusetts
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2021 Highlights
In Communities In the State House In the Courts
Working with grassroots partners and communities Last year, we celebrated the passage of major new bills In 2021, we secured major legal victories in areas such
across the Commonwealth, the ACLU harnessed the on police reform and abortion access, and pressed as immigrants’ rights, racial justice, and criminal legal
power of We the People to effect change and advance lawmakers to go further in protecting and expanding reform.
the cause of justice. civil liberties.
In the past year, we’ve seen the continuing legacy of
Drawing on two years of input from a wide range of In the aftermath of historic police reform legislation, the ACLU’s work on Massachusetts’ drug lab scandals.
students, faculty, and higher education stakeholders, the ACLU participated in nine legislative commissions In July, the Suffolk County District Attorney’s Office
the ACLU of Massachusetts and Bridgewater State designed to consider further statewide police moved to vacate additional drug convictions potentially
University together released a model policy for racially accountability efforts—including commissions related to impacted by government misconduct. Together with legal
just policing on college campuses. To date, several qualified immunity, body cameras, and face surveillance. partners, the ACLU’s litigation ultimately secured the
institutions have already pledged to review their dismissal of over 61,000 charges across 35,000 cases.
Building on over two years of success in our campaign
policies in light of our recommendations.
against face surveillance, we advocated for a new bill In April, we filed a lawsuit against the Hampden County
After a sustained campaign alongside other that will strengthen regulations on this dangerous, District Attorney’s Office to seek a full investigation into
immigration advocates, including our local partners and dystopian technology. years of violence and misconduct by the Springfield
the national ACLU, the Biden administration ended its Police Department, and to ensure that evidence of that
We also pushed for new laws like the VOTES Act, which
ICE contract with the Bristol County Sheriff’s Office. misconduct is properly disclosed to criminal defendants.
would permanently establish several of the best ballot
The decision came after revelations of egregious civil
access measures implemented during the pandemic, like In December, we won a landmark ruling in the First
rights violations perpetrated by Bristol authorities.
widespread mail-in voting and jail-based voting reforms. Circuit Court of Appeals, affirming that immigrants are
We also continued our “What a Difference a DA Makes” entitled to fair bond hearings when detained by the
We also campaigned for bills that would curb the
voter education campaign, shedding light on the power federal government. This ACLU victory ended a practice
criminalization of poverty by eliminating debt-based
of district attorneys with community convenings in that violated the constitutional rights of detainees in New
license suspensions, and ensure that all eligible drivers
every county. England for 20 years.
can access licenses, regardless of immigration status.
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Protecting Immigrants’ Rights
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Defending Free Speech
unreasonable. This applied specifically decide a case involving the intersection What do you anticipate will be the
to a person who wanted to post a Black of free speech and exercise of religion. next “big fight” in the field of free
Lives Matter sign in her garden bed. The case arose from Boston’s policy of speech law?
From Holyoke to Plymouth, the ACLU opening a City Hall flagpole to use by There are big issues looming with
of Massachusetts has successfully private parties but denying that right to regard to restrictions on what subjects
challenged unconstitutional local a religious group. The ACLU brief in the can be taught—and what information
ordinances prohibiting or limiting Supreme Court argues that, although students have a right to receive—about
political signs. But this case is Boston’s concerns about flying religious the troubled racial history of this
significant because it suggests that symbols at City Hall are understandable, country, often framed as a debate over
the Massachusetts Constitution’s free opening the flagpole to private parties “critical race theory.” Fortunately, in
speech guarantee, unlike the First but then excluding this group because Massachusetts this year, the state
Amendment, prevents restrictions of the viewpoint of its message violates attorney general agreed with an ACLU
by private—not just public—actors. the First Amendment. brief that a proposed ballot question
Are lawsuits the only way that the The ACLU had a big win in a free restricting the teaching of anything
ACLU can help resolve these cases? speech case at the Supreme Court that makes certain groups feel guilty
Ruth Bourquin is senior and Not necessarily. We commonly resolve in 2021. Can you tell us why that case or uncomfortable violated free speech,
managing attorney at the was so important? so we have a good foundation for
free speech issues by negotiating
challenging such restrictions here.
ACLU of Massachusetts, without going to court. Last year, we The case was significant because it
where she specializes in resolved a dispute with an Amherst reaffirmed that high school students
condo association without having to sue, have free speech rights with regard to
free speech issues.
and we also recently resolved a matter off-campus comments that do not cause
In 2021, the ACLU of Massachusetts involving unconstitutional restrictions disruption or invade others’ rights at
secured a legal victory related to the imposed on street performers by the school. If the case had gone the other
right to display political signs. What City of Salem. way, it would have conferred excessive
was the issue in that case? power on schools to curtail student
Broadly speaking, what were some of
speech, including speech criticizing
A Massachusetts court ruled that the biggest developments related to
school officials and government actors,
restrictions imposed by a condo free speech in Massachusetts in 2021?
which is essential to our democracy.
association on homeowners displaying The U.S. Supreme Court is poised to
signs on or near their own units were
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Fighting for Reproductive Freedom
2021 was a big year for abortion entirely overturn Roe or significantly free from government intervention and
rights—from Texas, to Mississippi, gut its protections. protected by democratic principles of
to our neighbors in New Hampshire. equality and justice for all.
Looking back on your lifetime of
What is the state of abortion rights in experience in this field, how did Within days of my becoming head
our country, right now? we get here? of Planned Parenthood and a co-
Jessie: 2021 was a historically conspirator with ACLU, parental
Nicki: From the beginning in 1973,
challenging year for abortion access. consent legislation was approved by the
following the landmark Roe v. Wade
State legislatures passed more than state legislature; Kenneth Edelin was
decision, I have ridden a political
100 abortion restrictions—the highest indicted and convicted of manslaughter
rollercoaster regarding the legality and
total in the 49 years since Roe v. for an abortion performed at Boston
availability of abortion in the United
Wade was decided. This includes SB Medical Center (he was subsequently
States and throughout the world. I have
8, the Texas law that bans abortion as acquitted); Medicaid restrictions on
spent many years “talking to the enemy”
early as six weeks of pregnancy and abortion funding for low-income women
regarding the moral, legal, and public
creates a bounty-hunting scheme for were defeated in Massachusetts by an
health aspects of abortion rights. I have
private citizens who successfully sue ACLU-led state constitutional challenge;
devoted almost all of my professional
Nicki Nichols Gamble chairs anyone who helps a patient get care career debating the importance of and heated anti-abortion protests outside of
the board of directors at after this cutoff. The law was designed provider offices led to clinic break-ins
providing safe, legal, affordable abortion
to evade judicial review, and states and vandalism; and extreme violence
the ACLU Foundation of care to women regardless of their ability
are already introducing copycat bills culminated in the maiming and killing
Massachusetts. She has been to pay.
across the country. These restrictions of abortion providers and clinic staff
involved in the reproductive disproportionately burden people of I began my Planned Parenthood career members including two young women in
rights movement for over 60 color and low-income people seeking in 1974 with a commitment to give five Brookline. One of these women was my
years to the movement and ended up
years, including 25 years as the abortion access. At the same time, the staff member, Shannon Lowney.
Supreme Court heard Dobbs v. Jackson giving closer to 50. Initially, I thought
former president and CEO of the Roe decision was an inflection Hardened facilities included bulletproof
Women’s Health Organization,
Planned Parenthood League point that would change the course of glass, electronically-controlled locks
a challenge to a Mississippi ban of
of Massachusetts. Jessie almost all abortions after 15 weeks. history—permanently creating an area at doors, armed guards, identification
cards, badges. COVID precautions seem
Rossman is a staff attorney at Based on oral arguments, a majority of personal privacy for women to make
mild in comparison; protections against
the ACLU of Massachusetts. of the Court seems poised to either their own decisions about childbearing,
school shootings are a more appropriate
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Fighting for Reproductive Freedom (CONTINUED)
metaphor. Fear, hate, and intimidation If Roe v. Wade is overturned, what How is the ACLU fighting back?
were de rigueur. The assaults ran a would it mean for the already super Jessie: Every step of the way, the ACLU
spectrum between nuisance challenges restricted abortion rights in states is fighting back. We are challenging
and serious blows that could destroy the like Mississippi? And what would abortion bans, including SB 8, and
provision of abortion services for almost it mean for states that don’t have barriers to care in dozens of state
all women. Each of them fell into a set restrictions? houses and courts across the country,
of attacks requiring costly, protracted Jessie: Such a decision would have an including the Supreme Court. And
litigation. The external environment immediate impact on abortion access we are achieving some hard-fought
became increasingly hostile, dangerous, in this country. Nearly half of the states victories: In response to a 2017 ACLU
and demoralizing. Every executive are already poised to ban or significantly lawsuit, the FDA in 2021 permanently
judicial appointment, especially limit abortion if Roe is overturned. repealed its medically unnecessary
appointments to the Supreme Court, Several more states are likely to quickly restriction requiring in-person
became opportunities to kill Roe. follow suit. Here in Massachusetts, the dispensation of mifepristone, used
Now, we are on the precipice of having ACLU and the ROE Act Coalition worked for miscarriage care and medication
the Roe decision either struck down with leaders in the Massachusetts abortion, allowing patients to receive
completely or diminished substantially. legislature to pass the ROE Act the medication by mail or delivery. This
We have arrived in a place where the in December 2020. The ROE Act decision will increase access to abortion
battles will be engaged over access strengthens access to abortion care and care in many states across the country.
to medical abortion, where out- ensures that abortion will remain safe, Our fight will continue until we can put
of-state travel becomes essential legal and accessible in Massachusetts— an end to every restriction that blocks
to preserving reproductive health, even if the Supreme Court undermines people from getting the care they need.
where small impediments become federal protections for reproductive
immoveable objects, where grassroots autonomy. Given the nationwide
organizing becomes key to preserving landscape, we are working now to ensure
reproductive health and dignity. We that legal access translates into real-
must continuously be alert and vigilant. world, equitable access to reproductive
We can never forget the past. We can health care for all who need it.
never rest on our laurels.
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Keeping People Safe and Free
Cass—declaring that the City would clear more low-threshold housing for affected Those working in the field, as well as
homeless encampments under threat of individuals. The suit also forced the City to a significant proportion of government
arrest. The City then conducted sweeps take seriously the rights of the unhoused officials and the public generally, recognize
of those encampments, destroying and shifted the public conversation to substance use disorder as a public
belongings and removing tents and focus on those rights. health issue rather than a criminal justice
temporary shelters. However, many of issue. This approach acknowledges that
We’ve heard a lot of controversy over
the residents simply have no place to go addiction is preventable and treatable,
the past two years about the supposed
because they have serious medical needs centers support and compassion, and
conflict between civil liberties and
that render beds in traditional congregate follows the science that tells us treatment
public health—are these two always
shelter settings wholly unsuitable. The is more successful, more humane, and
opposed to each other?
key issue is whether the City’s policy of more cost-effective than incarceration in
forcibly displacing people experiencing Certainly not. Implemented correctly, reducing relapse and overdose rates.
homelessness under threat of arrest— public health measures can and should be
Has the pandemic taught us anything
without first implementing any meaningful protective of civil liberties—both are aimed
about the intersections between public
process to identify viable alternative at protecting individuals and communities
health, civil liberties, and criminal legal
housing options for them—violates the alike. However, public health programs or
Kevin Prussia is the chair- initiatives often deploy blunt instruments, reform?
“cruel and unusual punishment” clause
elect of the board of directors of the Eighth Amendment, Article 26, designed to protect the broadest number The pandemic has exposed the pre-
at the ACLU Foundation of and state common law. of people—and no instrument is more existing cracks in our current systems
Massachusetts. He is a partner blunt than the threat of criminalization. and demonstrated how interdependent
Setting aside the legal result, do you This can leave people out at the margins. all of these facets of public life truly
at WilmerHale. think the lawsuit has had any broader, Organizations focused on civil liberties are. The successes—and failures—of
positive effects on the situation at
In 2021, the ACLU of Massachusetts can help tailor public health responses to the pandemic era further highlight
Mass. & Cass?
and WilmerHale filed a lawsuit to help protect the rights of those people. the need for comprehensive criminal
people experiencing homelessness in Yes. For starters, the litigation is continuing, legal reform. At bottom, public health
What would it mean to treat substance
the area of Melnea Cass Boulevard and and we remain optimistic. Nevertheless, the initiatives must work hand-in-glove with
use disorder as a “public health crisis,”
Massachusetts Avenue (Mass. & Cass) case has already had a number of positive robust civil liberties protections to ensure
rather than something that can only
in Boston—what prompted this lawsuit? impacts. Likely as a result of the lawsuit, that the most vulnerable among us are
be resolved through the criminal legal
the City delayed the removals for months— not overlooked in the rush to implement
In October, then-Mayor Janey issued system? Why would we want to do that?
in which time they were able to secure important and necessary programs.
an executive order—targeted at Mass. &
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Protecting Privacy
ban. Thanks to our campaign, over unelected officials, or by self-interested a comprehensive surveillance oversight
1.5 million people are protected technology companies. We the ordinance in fall 2021. The ordinance
from this dangerous technology in people can and must shape our future mandates public disclosure of all
Massachusetts. We’ve also been relationship to technology, and bend Boston police surveillance technologies
serving on the Massachusetts it towards civil rights, civil liberties, and requires that the police get City
Legislature’s commission to study accountability, and justice. Council approval for all surveillance
government use of facial recognition technologies currently in use, and for
technology. Once that commission What’s next for the campaign in future acquisitions. The ACLU launched
issues recommendations, the ACLU will Massachusetts? What’s coming up a nationwide effort in 2016 to pass such
pivot to working closely with lawmakers in 2022? laws to ensure people—not police—
to strengthen the hard-won regulations are empowered to decide if and how
The ACLU will continue to work closely
established in the 2020 omnibus police surveillance technologies are used.
with state lawmakers to ensure we
reform legislation. Those regulations And in 2021, we are proud that Boston
strengthen existing face surveillance
went into effect in July 2021, but marked the 22nd surveillance oversight
regulations. Our primary goal for 2022
there’s still more to do before the law law passed nationwide.
is to pass a stronger state law to
adequately protects civil rights and civil
Kade Crockford is the director ensure all people in Massachusetts are What do you say when someone tells
liberties statewide.
of the Technology for Liberty protected from dragnet surveillance and you that “privacy is dead”?
warrantless face recognition searches.
Program at the ACLU of What are some of the most exciting
recent developments in the fight to We will be calling on our supporters to Privacy isn’t secrecy; it’s control. Everyone
Massachusetts. get involved. We will need your help to cares about their privacy, no matter
regulate face surveillance nationally,
The ACLU of Massachusetts launched or even internationally? get these crucial protections over the what they might tell you. That’s why they
its Press Pause on Face Surveillance finish line! have passwords protecting their online
campaign back in 2019, and it’s still One of the most exciting things our accounts, curtains on their windows, locks
work has accomplished is that we’ve What other work has the Technology on their doors, and clothes on their bodies.
going strong. What were some of the
helped to fundamentally change the for Liberty Program done in Privacy is a prerequisite for human dignity,
campaign highlights in 2021?
terms of the debate. We have shown Massachusetts over the past year? agency, and functional democracy. It’s not
Last year, Worcester became the ourselves and the world that we don’t What are you most proud of? dead—but it is in trouble, and that’s why
eighth city in the Commonwealth to have to accept a society where tech the ACLU’s Technology for Liberty work is
After four years of ACLU advocacy and
pass a municipal face surveillance policy is shaped behind the scenes by so important.
organizing with partners, Boston passed
10Securing Democracy
to the pandemic have shown us a better and we’re late to the party. Where with concrete reforms, we provide
way forward. In addition to instituting voting is concerned, Massachusetts a model for equity and democratic
safeguards to protect public health at the should be a leader, not a laggard. engagement that other states can
polls, lawmakers extended opportunities replicate. Especially in an era when
for in-person early voting and—for the We’re seeing a lot of attacks on voting voting rights are under attack both here
first time ever—established widespread rights nationwide. How is the ACLU and elsewhere, the Commonwealth can
mail-in voting. Because of mail-in fighting back? showcase a different, better path.
voting, we saw record turnout across the
We just had another round of redistricting, What’s something you wish more
Commonwealth during the last statewide
which means that states around the people understood about voting
election. Now we need to make these
country are drawing new legislative rights?
reforms permanent to continue that
maps. Unfortunately, this also means
trend of improving access and increasing
that we’re seeing a lot of gerrymandering, From the very beginning, the history of
democratic engagement.
with lawmakers drawing districts that voting rights in the U.S. has been about
We’re also advocating for a new deliberately dilute the power of Black tearing down barriers and bringing
reform: Same Day Registration. Why is voters. Thankfully, the ACLU has us closer to our founding vision of
Gavi Wolfe is the legislative this a good thing for voting rights? filed lawsuits in five states so far— government “of the people, for the
director at the ACLU of Georgia, Arkansas, South Carolina, people, and”—not least—“by the people.”
Same Day Registration means people Alabama, and Ohio—to challenge these That process was never just about
Massachusetts.
aren’t barred from voting just because unconstitutional attacks on the principle formally guaranteeing the right to vote
In response to the pandemic, the they didn’t register before an arbitrary of “one person, one vote.” regardless of land ownership, race, or
Massachusetts Legislature passed cutoff date, or because of a problem gender. It’s also about removing arbitrary,
with their registration that they How can Massachusetts play a bigger systemic impediments to participating in
some crucial measures to increase
discover when they show up to cast role in the fight to preserve our the democratic process at every level.
ballot access. Those measures were
their ballot. It’s particularly crucial for democracy?
temporary; the VOTES Act, a bill that
the ACLU supports, would make them communities with a lot of low-income
At its best, Massachusetts has always
permanent. Why is that so important? voters, renters, and voters of color.
been a beacon of liberty for the nation,
No other policy has the same impact
from reproductive freedom to marriage
The pandemic exposed barriers to voting on equitable access and racial justice
equality. The same should be true for
access that predated the COVID era, and at the polls. Twenty other states have
ballot access. When we lead the way
the innovations we adopted in response implemented Same Day Registration
11Funding Our Future
12Our Mission
For over 100 years, the American Civil Liberties Union has worked every day in the courts, in the
legislature, and in communities to defend and preserve the individual rights and liberties guaranteed
by the Constitution, Bill Rights, and laws of the United States.
The ACLU of Massachusetts—a private, nonpartisan organization with more than 82,000 supporters
across the Commonwealth and over 100,000 online activists—is a state affiliate of the national ACLU.
We defend, promote, and extend the civil rights, civil liberties, and constitutional freedoms of all people
in Massachusetts through legal action, legislative and community advocacy, and public education
and engagement.
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