SJC justice rules in Winthrop recall fight, but MBTA Communities battles continue

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A Supreme Judicial Court justice slammed the door on a fight over recalling a Winthrop town councilor, ruling that the town clerk does not have to place the measure on the November ballot.

The fight, which also pulled in state elections chief Bill Galvin, has essentially functioned as a proxy battle over the MBTA Communities Act in the coastal community, as a group of residents have sought to recall Councilor Max Tassinari, a supporter of the town’s compliance with the multifamily zoning law.

The town clerk’s initial rejection of the recall measure sparked the group’s request for a ruling from the high court to force its inclusion on the November ballot, as they argued a board of election registrars, which included supporters of the recall, had the power to override the clerk. But the clerk “had no legal duty” to include the recall petition after the group failed to meet the signature requirements, Justice Frank Gaziano wrote in his ruling Thursday. 

Diana Viens, part of the recall group, said they haven’t given up on recalling Tassinari, but for now, they’ll focus on electing this November a slate of candidates who oppose the MBTA Communities law.

Before the ruling, Gaziano asked Galvin’s office to weigh in. Galvin sided with the clerk, saying the board of election registrars lacks authority beyond the “ministerial task” of certifying voter signatures.

But the court ruling is unlikely to be the last battleground in the town’s fight over the MBTA Communities law. Proponents say the out-of-compliance town needs state money, contingent on compliance, to battle climate change. Opponents say the town of 20,000 people is already full up, and multifamily zoning is poised to wreck the seaside community. Winthrop isn’t alone: The state considers about a dozen other communities non-compliant. 

Tassinari, who backs a pro-MBTA Communities slate, said the election will be about a “viable future against people who are going to fight change to the detriment of the taxpayer.” “We go on to November and we’ll see where the dust settles after that election,” he said. “That will dictate how we approach our partnership with the state, whether it’s a real partnership or it’s opposition. The municipality is never going to win against the state.”

On the other side, Winthrop Rep. Jeff Turco lashed out at state officials and the MBTA Communities law during an appearance this week on a community television show. “I think cities and towns should always be pushing back against the state trying to fundamentally destroy their communities. And that’s what’s happening here,” he told the host of “Winthrop and the World.”

He also looked to next year’s ballot, when asked about Attorney General Andrea Campbell’s defense of the MBTA Communities law in court. “2026 is upon us. There’s a gubernatorial election, the attorney general of the commonwealth can rattle the sabre all she wants,” he said. “The question is, is she going to want to sue a majority Democratic town going into an election year and showing she disrespects the will of the people of the community? She will then have to answer to that.”

Campbell pushed back in a statement to MASSterList. "My job isn't to play politics — it's to uphold the law and protect Massachusetts residents,” she said. “Our statewide housing crisis requires a statewide solution. The MBTA Communities Law is part of that solution. When a community violates the law, my office has a responsibility to act, regardless of the election calendar."

Whether it’s MBTA Communities or another topic, feel free to send me questions and comments for a possible mailbag edition sometime soon: [email protected].

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9:30 | Lt. Gov. Kim Driscoll and Boston Mayor Michelle Wu speak at the Black Economic Council of Massachusetts’ annual Mass Black Expo.  | Omni Boston Hotel, 450 Summer St., Boston

9:30 | Members of the Raise Up Massachusetts coalition will speak about the impact of Medicaid and SNAP cuts and call for corporate tax reforms and rainy day fund withdrawals. | Room 222, State House, Boston

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FOSSIL FUEL-FREE PILOT: The state’s Department of Energy Resources says Massachusetts should continue a pilot project allowing 10 towns to require new buildings and renovations to be fossil fuel-free in construction. – State House News Service

SIGNAL PROBLEM: The MBTA is in the process of replacing a 50-year-old signal system on the Red and Orange lines, considered analog because of its wires and use of sound waves. – WBUR

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VIDEO REQUEST: Pittsfield Mayor Peter Marchetti asked businesses to share surveillance footage with the police department to help with alleged illegal activity downtown. – Berkshire Eagle

PUBLIC HEALTH UPGRADE: Officials in Western Massachusetts say new public health standards, plus state funding, is creating uniform data collection and a reporting system that can be used across multiple cities and towns. – Greenfield Recorder

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KELLER AT LARGE: 8:30 a.m., WBZ-TV. Political analyst Jon Keller's guest is Senate President Karen Spilka (D-Ashland). They discuss the impact of the Trump budget cuts, her opposition to new taxes, the new Senate data privacy law and recent revelations about improprieties by sports betting operators.

@ ISSUE SIT DOWN: 9:30 a.m., NBC 10. Reporter Matt Prichard interviews Boston City Councilor Sharon Durkan, who represents Back Bay, Beacon Hill, Kenmore, the Fenway and the West End.

ON THE RECORD: 11 a.m., WCVB. The guest is UMass Chan Medical School Chancellor Michael Collins.

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