2021-11-23 00:00:00 - Joint Committee on the Judiciary
2021-11-23 00:00:00 - Joint Committee on the Judiciary
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uh my colleagues from the house who have joined us here today. Representative chris Hendricks Vice chair china Tyler and others will be joining and we will recognize members of the committee for the public's edification as they join47 this morning. Before we begin, I would like to remind everyone the participants and viewers of some ground rules of the committee56 to ensure that everyone who has registered has a chance to speak. Testimony is limited to three minutes per individual.63 You'll see that clock up there would ask to be mindful of that. We have got More than 240 individuals registered to speak today so it's going to be a long hearing. We asked folks given the content of the bills of some of these bills to make sure that they are mindful of that three minute rule so that everyone has a chance to speak who wishes to do so also obviously that we are mindful of a civil nature of this uh and be respectful of each individual's opportunity95 and time um during their time to speak, written testimony may be submitted at any time after the hearing for104 consideration up until the committee acts on a particular bill. Again, given the amount of individuals signed up to testify, we want to make sure that uh you all know and the general public that written testimony is given the exact same weight as oral testimony. So to sum up some reason you're not able to testify here orally today. Please do submit written testimony for the committee's consideration. You can do that by email uh to research Director Jackie Manning and that email address will put up, uh, is Jacqueline, J A C Q U E L I N E dot oh dot M A N N I N G at um a house dot gov. Jacqueline dot oh dot manning at um a house dot gov. Or you can send a written testimony in by mail to the judiciary committee located at 24 Beacon Street Statehouse Room 136 in boston mass. Zip code 02133. SHOW NON-ESSENTIAL DIALOGUE
Uh, in addition to the three minutes per individual, we want to remind folks that individuals may speak once per hearing. They can address multiple bills but will be held to that three minute limit for oral testimony. Again. We've got over 240 individuals signed up today to testify. We ask you to take that into consideration when you do testify. If you're reading testimony again, we would encourage you to188 send that in in lieu of uh running three or three minutes and share your personal insights off off script. If possible, we will be calling bills based on the bill number and your names written as you filed them out on the google form. We thank you in advance for your patience today. Obviously this is given the hybrid nature of where we're at. We're going to do our best with technology. There may be some glitches. I would ask you to bear with us on that. Make sure that everyone's got an opportunity to be heard today.
[REP DAY:] So SHOW NON-ESSENTIAL DIALOGUE
with that we'll SHOW NON-ESSENTIAL DIALOGUE
get the hearing going And I SHOW NON-ESSENTIAL DIALOGUE
would call first on H 1907 representatives SHOW NON-ESSENTIAL DIALOGUE
and I apologize. One other thing given the technological nature where I mentioned237 earlier, we are going to be asking folks to mute until and unless you are recognized and the staff will be helping you with that mute function if you're unable to find it yourself on teams. So if you find yourself muted, that's what's going on. Once you're recognized please, I mute so that you254 can speak freely with the committee. Uh, again, Representative steve Ultrino and act prohibiting discrimination based261 on natural hairstyles. Representative Ultrino Welcome.
[REP ULTRINO:] [HB1907] Thank you. Chairman Day and Chairman Eldridge and members of the committee for allowing me the time to speak on this critical bill. I will be brief knowing that there are many people who would like to testify after me, but I join you today to testify in support of house 1907. An act prohibiting discrimination based on natural hairstyles. This bill seeks293 to make clear in massachusetts law that discrimination based on natural and protective hairstyles will not be accepted in the commonwealth. This bill will protect only natural hair texture and natural and protective hairstyles where no impact on workplace safety regulations in no protection for non natural non protective styles.
I filed this bill. Mr Chairman Uh, again, even though it was passed in the321 house last322 session because I saw members of my community struggling in 2017 Meyer and Deanna Cook who will be testifying today. Two young black women studying at a local charter school in my district were disciplined solely because of their box braids, a fundamental part of their identity, which they were told violated the school's dress code, refusing to accept that simply being who they uh could violate the school policy. These two students continue to probably here where they're hearing356 braids receiving dozens of the tensions from the school as a result, unfortunately, Mr362 Chairman, this story is far from unique. However, following the example of these young women, we must respond to these stories not by giving up but by demanding justice.
When I filed this bill last session, only two states new york and California had passed similar legislation Just over those two years. Mr. Chairman. 12 more states have joined them and taking a stand against this insidious form of discrimination in our very own congresswoman, Diana Presley is leading the charge to pass the crown Act in Congress. I'm proud of our commonwealth history of leadership on civil rights, but with that record comes the responsibility to continue fighting for the rights of all those re represent today. That responsibility compels us to make it clear that here discrimination like any other form of discrimination will not be tolerated in this commonwealth and should not be tolerated.
I'm incredibly grateful for the partnership of my colleague and co lead Vice chairwoman. Representative china Tyler Senate sponsors, senators. Gomez in de Domenico as well as the crown coalition. Our co sponsors is and many other in fighting for us to fulfill this responsibility and with446 these many voices raised for justice Mr Chair, I hope we can all agree that the time to stop here discrimination is now. I strongly recommend house 1907 favorably for passage. And I thank you and your committee for the opportunity to speak on this critical bill to protect the civil rights of every resident in Massachusetts. Thank you.
[DAY:] Thank you. Representative Ultrino475 Thanks for your leadership on this bill. I know you've pursued this uh multiple terms. Now the committee looks forward to481 working with you and the other lead sponsors in the Senate companion bill on this to move this to the finish line. We passed out favorably last term uh in the house near the end of the term. So uh working with you to move this this term.
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Are there questions from members of the judiciary committee itself? So again, would ask members to virtually raise their hands so that I can recognize you.
Alright, seeing none again, thanks from Ultrino for coming forward,
appreciate it. Thank you. I also want to uh now that uh Chair Eldridge has been able to log on fits a little technology snafu their welcome. Uh Senator Eldridge and asked him if he wants to offer any thoughts and introduced any of the Senate members of the Judiciary Committee who joined us today. Gerald Ridge. Mhm. Uh Sorry
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about that. Mr share a little delay. Uh Can you hear me now? We've got you forgot. Good morning, Chair day and no no additional comments. There's no Senate members of the Judiciary Committee to hear yet. But thank you so much. Looking forward to the hearing today, appreciate it. Terrific. Thanks Charles. Um Let me welcome uh Now to come forward,
[DAY:] Senator sal de Domenico uh to testify on the Senate Companion bill S 994. An act prohibiting572 discrimination based on natural hairstyles as well as S 993 that he filed an act addressing discriminatory police reporting center.
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De Domenico. Mhm.
[SEN DIDOMENICO:] [SB993] [SB994] Thank you. Chair day and thank you to chair586 Eldridge. Members of the committee for taking me out of Turn out to be very brief because I know that Representative Ultrino did a great job explaining Bill that I'm speaking on which the companion bill to his which is Senate 994, an act prohibiting discrimination based on natural hairstyles. Also known as the Crown Act. Sadly we605 have to file a bill uh that addresses this issue. And as you heard from Ultrino This comes from two individuals in our area who had the courage to stand up and to push back and to work to right or wrong. Not only in their community but across the state and the fact that we are here today, speaking on this shows that their words, their actions,
I mean something and that we want to show them and show the rest of them was the commonwealth that was getting up to civil rights. One in five provide black women feel social pressure to straighten their hair for work, which is twice as many as white women Across the commonwealth. This bill prohibits race based discrimination, which is the denial of employment and educational opportunities because of their textures are protected hairstyles. This is called the Crown Act, which stands for creating a respectful and open world the natural hair and sally black women are 1.5 times more likely to be sent home in the workplace because of their hairstyle.
We have a chance to right a wrong, we have a chance to do the right thing. They have a chance to correct this and to pass this law and to make sure that people across the commonwealth no, will not stand for this kind of discrimination of any kind, particularly our hairstyles. And I want to thank my co sponsors on this bill and presented china Tyler in the House and percent of Stephen Ultrino and my colleague in the state Senate Senator Adam Gomez and the many, many folks in the coalition who are working hard to bring light to this issue that has been for many, many years and for too long held in the darkness where people have been dealing with this for many, many years and now is the time to do what was right.
So I respectfully ask that this bill will put out favorably. I also want to briefly touch on my bill, Senate 993 an act addressing a discriminatory717 police reporting. This establishes a hate crime category for anyone who places a boss call to law enforcement on the basis of race, gender, religion, gender identity or other protected classes Committing the same crime would result in a $5,000 fine and our imprisonment. I will submit testimony on this as well, but always a companion bill to this filing represent Representative I'm sorry Senator Heinz as well, which is a comprehensive hate crimes bill. It also support listen to this. So I want to thank you for your time. Thank the members of the committee and ask these both these bills are productively. Thank you.
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Thank you Senator uh Chair Eldridge, thank you. Chair Day. Um an additional Thank you. Senator DiDomenico for his testimony. I just want to recognize that on the Senate side. Senators Creem and Senators Velis Senator Bills are here from the judiciary committee. Thank you Mr. Chair
Terrific. Thank you Senator Eldridge. Thank you. Senator DiDomenico as well. Any questions from members of the committee.
Alright, seeing none again, thanks senator to make look forward to working with you as well on this788 bill would also like to recognize uh Representative Scanlon Representative Sullivan who has joined us from the House side on judiciary as well.
[DAY:] Um well now move on to Senator Adam Gomez, you testify on uh another companion bill. S 1049 an act prohibiting discrimination based on natural hairstyles. SHOW NON-ESSENTIAL DIALOGUE
Senator Gomez,
[SEN GOMEZ] [SB1049] thank you mr chair and to the rest of the joint committee through you and through the rest of to the rest of the committee for hearing my testimony today. Um I chose to file this legislation alongside my colleagues in the House Representative Ultrino Representative Tyler and my colleague in the Senate, Senator de Domenico because many people of color in our country, especially black women still face discrimination in schools and in their workplaces and as consumers as a result of wearing their natural hair as a man of color and a father to two daughters. I know the importance of making sure that my two girls see their natural beauty as young women of color, whether that be represented in the media, they consume the adults, they admire and through the acceptance in their everyday environments, ensuring the protections are in place against natural hairstyle discrimination shows people of color in the commonwealth, that the legislature takes their life their lived experiences seriously.
It also means that young people can grow learn and experience life without facing the incorrect notion that their natural hairstyle equals equals unprofessional, less beautiful or less worthy of opportunity. Thank you for taking the time to listen to my testimony. I know you have a tremendous amount of folks in front of you uh892 in front of me that are going to testify on behalf of this bill and I have submitted written remarks alongside my colleagues and I urge the joint committee to consider taking favorable action on this important piece of legislation. Thank you Mr. Chairman for taking me out of order. I really appreciate it. SHOW NON-ESSENTIAL DIALOGUE
Thank you Senator Gomez for your leadership as well on this issue. Your voice is very much welcome and appreciated Any questions from members of the committee. Thank
Okay, seeing none again. Thanks Senator Gomez for taking the time to appear today.
[DAY:] Next call Senator john Velis who is testifying on s 11 51. An act to establish the massachusetts Judicial Security Act.
[SEN VELIS:] [SB1151] Senator Biele thank you. Thank you. Chairman Day Chairman Eldridge and all the committee members for allowing me to testify in support of this legislation. Senate Bill 11 51 and act to establish the massachusetts Judicial Security Act. This legislation would prohibit state957 county and municipal agencies from publicly posting the personal information of any active or retired judge or justice on the internet without first obtaining the written permission upset individual. It would also prohibit any data broker from selling purchasing or making available this personal information and would require any person, business or association to delete any publicly posted information if a written request is made to them specifically. This legislation defines personal information as home addresses, personal phone numbers, personal emails and social Security numbers.
This bill is modeled after legislation filed in the U. S. Senate and U. S. House of Representatives that Daniel and draw Judicial Security and privacy act. You may know you may have heard about it on july 19th 2000 and 2020 year old Daniel and drel, the late son of judge Esther solace of the U. S. District Court for the District of New Jersey was tragically shot and killed at his family's home. The gunman was an attorney who had appeared in a case before a judge to las and who used publicly available information to track down the judge and her family. The assailant also shot and critically injured the judge's husband who survived this tragic attack. Unfortunately, this tragic attack is not the only one of its kind in recent years and threats to judges and their families continued to rise throughout our country.
According to the U. S. Marshal service is 2000 and 20 annual report incidents, inappropriate communications and threats against federal judges and other persons protected by the marshals rose from 2357 and fy 16 to 4261 and fy 20 an increase of 81%. It is paramount that our judges are able to do their job without fear. Our judicial system in our commonwealth as a whole depend on our judges to ensure that justice is carried out in the public safety is maintained in turn, it is our responsibility to ensure that we are not putting these individuals and their families in harm's way. The federal legislation currently being considered is supported by the Judicial Conference of the United States, the american Bar Association and1089 Attorney General's across the United States, including our own here in massachusetts, New Jersey and other states have enacted similar legislation to give the same protection of state judges and their families as well.
I filed this bill to bring these protections to our commonwealth. We all know1106 and recognize the critical role that are judges play in our commonwealth judicial system. When these individuals and their families, safety is at risk. The integrity of our1114 entire democracy is at risk. Judges have a unique role in our commonwealth. They're the ones who must tell a person that they're going to prison for the rest1123 of their life. The threat of retribution against these individuals. It is not only real, it is growing. Thank you for your consideration of this legislation and for allowing me to testify today and happy thanksgiving to all. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Senator Velis right at the buzzer. Uh any questions from members of the judiciary committee.
Alright, seeing none. Senator, thanks for look forward to working with you as a member of the commission committee on this bill as well. Thank you very much. Now call represented Paul Tucker on H. An act relative to the Judicial Security Act.
Yes. Mhm.
Represented Tucker
All right, we'll come1175 back later to represent Tucker We call senator joan lovely testifying on S 10 89 and act1183 to protect unpaid interns, volunteers and independent contractors from sexual harassment and other forms of discrimination. Senator, lovely. SHOW NON-ESSENTIAL DIALOGUE
Second call for senator, lovely.
All right, we'll move on to representative Jeff, Roy on H 18 62 and act to1212 amend the medical peer review Chairman Roy. SHOW NON-ESSENTIAL DIALOGUE
Mhm.
Mhm. Yes. 2nd Call for Representative Roy.
[DAY:] Okay, we'll move on to Representative Michele Dubois H 15 56 and act to advance hate crime protections for victims who are targeted due to their gender.
Representative Dubois
[REP DUBOIS:] [HB1556] Day and the Committee of Judiciary for hosting this hearing and for allowing me the opportunity to testify on this very discreet um but critical bill I propose. So H 1556. Harkening back to my days as a philosophy major in college. Um so you are a subject you are an object and the real gist of this is that um when a person is um made an object and not a subject meaning they are beings who have unique consciousness and unique personal experiences and the subject is um something that's observed so when typically this would protect men or women if we included gender as a protected class in the state's hate crime laws right now.
Two thirds of all states do include gender massachusetts is among the few states that do not include gender as a protected class in1304 our state hate crimes law. Chapter 2 65 Section 39 does not include gender as a protected class. This is the third session I filed this bill and what this bill does is it will insert after gender identity comma gender as a protected class in our state hate crimes law. This would align us with the federal government. Um, and many of the majority of states in the United States. Um, why is this important? So we've seen a rise in violence in general, in our community, but violence against women.
And it has been going on, We've seen a rise, but violence against women has been in our community in massachusetts and misogyny and subjects objectification of women has been something that we've lived with. We need to start having our laws in massachusetts reflect the type of respect we require and that we expect in our daily living in public spaces. Um, and we want to make sure that women and men who are targeted due to their gender have some recourse in massachusetts. Um, I know that there is a broader bill, but this is a discrete, serious, critical needed to1374 change. And I really ask that the committee for this out of1378 committee favorably and I thank you so much for your time and consideration. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Thank you uh, your thoughtfulness on this end. Uh, any questions from members of the committee,
Seeing none. Thank sector. What we look forward to working with you on this? Thank you.1398 Well, next is Senator Julian Sear, an act repealing homophobic and transphobic laws.
[SEN CYR:] [SB991] Good morning, Chair uh, chair Eldridge was the committee. Thank you for the opportunity to testify in support of Senate Bill 991, an act repealing homophobic and transphobic laws. S nine and one repeal Section 34 section 35 of Chapter 2 72 of the general laws that contain bigoted concepts and language. Um, Chapter 2 72 concerns, quote, crimes against chastity, morality, decency, and good order. The language in these two sections pertains to crimes against nature, quote unquote, uh, and quote unnatural and lascivious acts which are outdated and discriminatory, discriminatory concepts that have historically been used to criminalise and target LGBTQ individuals And the inclusion of this language in the general laws dates back to 1887.
Uh, so I hope that we all can agree that in the subsequent 134 years our understanding of relationships of sexuality has evolved. Massachusetts is only among 14 states that has not yet revised or repealed these laws altogether and is the only state new England that has not yet done so, um, the only other states that have not repealed these archaic laws include texas Kentucky and Kansas. Um, three of which have all specifically designated their statutes pertaining to same sex relations as well as florida Georgia Louisiana Mississippi north Carolina south Carolina Minnesota Idaho Oklahoma in michigan. These are not states we often are grouped with as representatives of the commonwealth. Um the commonwealth that prides itself on its social progressiveness, its inclusivity uh and our commitment to equality and equity. It is our duty, I believe, to promote equity and justice through the law as we make the laws we uphold and the laws that we revise.
So I believe it's well overdue that we remove this harmful discriminatory language from our statutes uh in order to be more inclusive of the most vulnerable members, some of the most vulnerable members of our population throughout my time in the senate, both in the committee work in the legislation um that I filed with many partners and allies. Um I really1528 sought to continue the tradition here to have a more accessible commonwealth for all people including LGBTQ people. Uh and I see this bill as an opportunity to further this work. Um So so asking favorable review from the committee, I'm glad to answer any questions that you may have. Thank you. Thank you senators here. How much appreciated any questions from members of the committee. SHOW NON-ESSENTIAL DIALOGUE
Alright, seeing none. Thanks again, senator to have a happy thanksgiving. Thanks.
Representative Peter Durant on H 3961 and Act regulated the use of abortion inducing drugs. Representative Durant
[REP DURANT:] [HB3961] [SB1122] Thank you. Mr Chairman. Um And I have a couple of bills that I want to speak on today. The first is H3961 which is an act to regulate abortion inducing drugs. Uh this is an act that put some oversight onto the use of chemical abortion. Uh today It is estimated that about 41% of all abortions are of the chemical type using the R 486 protocol um as well as within planned parenthood, about 56% of abortions are conducted using chemicals. And right now we don't have a lot of oversight with these types of abortions. And this bill would do that. It would put this under medical supervision and it would make sure that these abortions are safe. We're not looking to prevent them. We're not looking to do anything of that sort were just looking to make sure that they are safe. Um And right now we we feel that we need to increase that oversight through medical review. Um currently the FADA has approved chemical abortion for up to 10 weeks of pregnancy.
However, we're often seeing that this is being pushed to 77 days or 11 weeks by some of the1651 various providers. And so we want to make sure that these things are taken care of in that they are brought under control. In addition, this bill will uh provide testing that is necessary to determine the accurate gestational age of abortion and how that's pertaining to this chemical abortion that may take place. Oftentimes we find that a study that was conducted in Atlanta where women were in error by more than two weeks when conducting their gestational age when they were kind of guessing that and When we go and use these chemical abortions past the 10 week um limit we're finding many more complications that come up. And so we're trying to prevent that. We're trying to give this medical oversight1701 and make sure that these drugs are used properly um and safely. And this bill would accomplish that. The second bill that I want to talk briefly on is uh Senate 1122 filed by Senator O'Connor which would uh limit the use of um which would limit the use of uh of being able to uh I'm sorry, I'm sorry.
Uh it would regulate uh medical information that's being pushed out there at this time. This bill would put forward that no person shall be compelled by law to provide medical information or acquiesce to medical1746 treatments, procedures, or collections of specimens. Further. This bill would prevent the termination1753 of any employee solely based on that employee's choice not to engage in a medical treatment. We're seeing right now. Uh mr. Chairman, that a lot of we're seeing these vaccination mandates. We're seeing employees being forced out of the workplace because of their resistance to vaccination mandate, and that Is important. But Bill S. 1122 further goes and helps employees regarding other types of other types of medical mandates. So s. would prevent that. Uh and it's a broad reaching bill that would protect workers in their personal choices and in their medical decisions. So, we asked for a favorable report on both of those bills. Um, Mr. Chairman, thank you for your time.
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Mhm. Thank you. Durant um Any questions from members of the committee?
[DAY:] Yeah, just a quick one of this. And uh the if both of these were to go through, how would the requirement on treatment for gestational age dovetail with the um refusal Uh to engage in medical treatment in the 2nd bill?
[DURANT:]1834 Well, I think there are1835 two separate bills. Again, the the abortion chemical abortion bill um is a separate bill from S 1122. So as 1122 simply prevents retaliation for many medical choices or for putting out that medical personal information uh for medical procedures. The House Bill 3961 regulates badly needs badly needed regulations for the chemical abortion industry. So, they are two separate bills.
[DAY:] No, no, I appreciate that. The separate bills. I'm saying that they both got enacted. What would the interplay be if you refuse to engage
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in the humanity is asked to place their trust not in higher powers, but in for profit corporation that course. And create a monoculture. Sorry about that. Uh the interplay between the
[DAY:] we had some technical issues. The other would say you can't be prohibited from refusing certain medical um treatment is1908 their interplay there or am I misreading this.
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I think we've got a there was an overall mute going on given that sorry, rep if you want to apologize.
Okay, I think we're there. Uh,
[DURANT:] so I don't know that there is an interplay between the two. Um, I think that what we're seeing with 1122 is that a patient can't be retaliated against for not having this uh for not having a medical treatment. Um, and again, we can use the vaccine mandate as an example for refusing to get vaccinated. Uh, that person could not be retaliated against as far1954 as 3961 goes.1955 Um again, we're looking to put regulations on the use of these and give them some proper oversight with regards to medical oversight and safety.
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Great. Uh, I see a hand raised. Sorry for a second here with us here. Chair Eldridge.
[SEN ELDRIDGE:] Yes, thank you. Chair Day represent Durant Thank you. I've come before the committee. Um, just just want to, you know, ask questions if if if the purpose of your bill is to um protect the quote unquote personal choice of certain medical professionals to acknowledge that could limit the medical care1997 for our patients or people coming to seek medical care, including for abortions.
[DURANT:] I'm sorry, senator. Which, which bill are we Speaking on [ELDRIDGE:] the sec? The second bill?
Uh Oh in and the county 11.
[DURANT:] I'm2016 sorry. Is2017 it 3961?
[ELDRIDGE:] Yes, that's right.
[DURANT:] Okay. And I'm sorry your question again.
[ELDRIDGE:] I just I'm just curious if this is2027 about protecting the so called personal choice of a medical professional. You acknowledge that could limit the medical care for a patient including those seeking certain types of reproductive services.
[DURANT:] No, actually, I'm sorry senator. I think I think you might be getting them mixed up the so so 3961 would regulate the use of the2051 medical abortion drugs so that it would be a that would be medical oversight of the use. It doesn't2059 relate to the personal decisions. It does not actually even Uh and anyway ban the use of them except after uh 10 weeks, which is what the FDA has approved on this. Um it simply provides that medical personnel will report on the use that patients will have to uh be associated with a medical personnel and make it more difficult for them to get uh simply online or or provided without proper medical attention. So, so so I don't think that 3961
Um has privacy implications as 1122 does.
Okay, thank you certain.
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Great seeing no further questions rep. Thanks for coming forward, appreciate the testimony. We'll move on now. Thank you.
[DAY:] Uh Senator Becca Rausch on S 1127. An act prohibiting body size discrimination.
Senator Rush
[SEN RAUSCH:] [SB1127] [HB1822] Good morning, Chair Day Chair Eldridge and members of the committee. Thank you for taking me out of turn and for the opportunity to testify in support of my bill, Senate 11 27 an act prohibiting body size discrimination and the House companion h 18 22 filed by Representative Tram Nguyen. This legislation turned a favorable report from this committee last session. The bill is simple in concept and far reaching an impact. It would prohibit discrimination based on body size by adding height and weight to our existing anti discrimination law alongside race, sex, gender identity, sexual orientation, physical disability and other protected classes. Though imperfect massachusetts has had a long history of advancing social justice from prohibiting race based discrimination in public schools in 1855. To protecting civil rights for transgender people.
In 2018, Bay Staters have demonstrated time and time again that we protect people's individuality, respect people's identities and judge people not by their physical presentations, but by the content of their character and the merits of their abilities. Now we must act again to finally ban discrimination based on a person's body size. One of2193 the last bastions of outright and blatant yet still fully legal discrimination in our commonwealth. The systemic implications of continuing to permit this form of identity based discrimination are very, very real. Significant discrimination exists in employment, including wage penalties even after accounting for socio demographic factors such as age,2215 education and race. Wait discrimination is the second most common form of discrimination reported by women and among the most common reported by men outranking ethnicity, religion, sexual orientation and physical disability, all of which are existing protected classes.
Real health consequences stem from the stigma surrounding wait and related body size discrimination, including depression, anxiety, eating disorders and substance abuse. Body size discrimination also pervades the health care industry. Often leading people in larger bodies to avoid healthcare altogether without an express statutory prohibition against body size discrimination, recourse is almost impossible to obtain. Michigan enacted a body size anti discrimination law in 1976 with successful interpretation and implementation. Several cities including San Francisco Washington, D. C., and Binghamton New York have also successfully banned discrimination on the basis of height and weight through local ordinances.
Enforcement efforts in these jurisdictions have proceeded without significant implementation issues and studies have shown lower rates of employment discrimination in Michigan where this law has been on the books for decades. Moreover, this type of legislation garners consistent and strong support. A 2015 nationwide survey showed that2292 public support for adding weight to anti discrimination statutes has increased to 78%. During today's testimony. You'll hear from several nationally and internationally recognized experts and individuals who have lived through weight based discrimination. I am grateful to all of them and the incredible team of advocates working so hard to advance the spill. It is past time for us to turn this bill2314 into law, recognize and uplift the dignity of people in all different body sizes and advance both public health and social justice. I respectfully request that the committee again issue a favorable report on Senate 1127 and H 1822. Thank you for your consideration and I'm happy to answer any questions.
Thank you. Senator Rush any questions from members of the committee.
Seeing none. Thanks for coming forward. Senator appreciate the time. Thank you very much. Mr. Chair, happy thanksgiving you as well. Thanks
[DAY:] Representative Carroll Doherty H 1544 enact banning the publication of judicial and law enforcement officer addresses.
[REP DOHERTY:] [HB1544] [SB1151] Thank you. Thank you very much. Chair Day and also to Senator Eldridge and members of the committee. I'm here today to speak briefly in support of H 1544, as you've said, an act banning the publication of judicial and law enforcement officer addresses and I have to say listening to testimony. I stand in the good company of senator Velis who has Given testimony to a similar bill as 1151. So I think here it bears repeating Since the January six insurrection. We've had a heightened awareness of the vulnerability of elected and appointed officials who, by the nature of our work put us in the line of fire. We can't protect our public servants from threat, but we can take measures to help keep sensitive information from public view. Some of you may remember the segment on 60 minutes last february regarding the story2408 of a U. S. District Court judge esta solace whose son Daniel fell victim to the senseless act of gun violence committed by an individual who had compiled a dossier of personal information about the judge including her home address.
Daniels killer had also compiled a dossier on Supreme Court Justice Sonia Sotomayor since the death of her son, Judge Salis has become an advocate for state and federal legislation to protect the personal information of judicial and law enforcement officers as well as legislation to provide more resources for physical protection. In November of 2020, the governor of New Jersey signed legislation which protects the home addresses and personal phone numbers of judges, prosecutors and law enforcement offices from public disclosure on signing the bill, the governor said. And I quote, Daniels law is a commitment to ensure that the judiciary, prosecutors and law enforcement Can answer the call of justice and do so without fear for their personal safety or that of their loved ones age 1544 like Daniels law bans the publication of that information. Daniels tragic death reminds us that disclosing personal information can leave public servants and family members vulnerable to threats and violence. Worthy of note here is that the massachusetts currently has a statute prohibiting publication of personal information of police and fire. So with that please move 1544 out of committee with a positive recommendation and I thank you for your time. Happy Thanksgiving. Okay, thank you. Representative. Any questions from members of the committee? SHOW NON-ESSENTIAL DIALOGUE
Alright, seeing none. Thank you again. Happy thanksgiving yourself. Thank you now.
[DAY:] Happy to call representative Tram Nguyen Senator Adam Hinds and Attorney General Maura healey on H 1819 and S 1051. An act to reform the hate crimes statues,
[REP NGUYEN:] [HB1819] [SB1051] representative women, Good morning chairs, Day Eldridge and members of the committee, we really do appreciate this opportunity to testify in strong support of H 1819 and s 1051 an active reform the hate crime statutes. As many of you know, there's been a rise nationally in hate crimes incidents, which is now at its highest level since 2000 and eight on the street on public transportation and in our neighborhoods, more people are being attacked for who they2557 are and you probably have heard as well. During the covid pandemic, we have seen 150% increase in anti asian violence, particularly due to the racist rhetoric from the previous administration and others like him blaming2571 the virus on china and essentially putting a target on the backs of anyone of asian descent. I'm just2577 roughly in the numbers from March 2019 2022 september 30th 2021.
A total of 10,378 incidents against asian americans and pacific islander persons were reported to stop API hate and so uh, and we're not immune here in massachusetts where the majority of reported hate crimes target2597 black jewish and LGBTQ plus communities. And so it's essential that we reform our hate crime laws, uh, it's an important piece of a holistic approach to protecting our many diverse and vibrant communities, but sadly are hate crimes laws are not only weaker than those in other states, but to poorly drafted to be easily understood.2620 And so when a law is confusing, it's rarely enforced. And so our goal through this legislation is to rework the current statutes to ensure that our hate crime laws reflect their intended purpose is to hold accountable individuals who target a person based on their membership in a protected class. And so I want to touch upon an important piece of this bill, which addresses mixed motive are bill codifies the controlling case law in commonwealth v kelly that2644 has that2645 the protected characteristic not need to be the sole or substantial reason for the conduct.
This is a key piece missing from our current statutes and why many hate crimes are never charged in the first place. The reality is that often perpetrators have mixed motives for their actions. For instance, we saw what happened in Atlanta where the shooter claimed that he had a bad day or a sex addiction, but it was not a coincidence that six out of his eight victims were women of asian descent. And even here in Belmont, there2673 was a recent incident that started out as a car accident, but ended up as a murder after the incident. The perpetrator spewed out racial slurs at the victim and then hit the victim killing the victim. So even though this started out as a car accident, this should have been charged as a hate crime because the bias motivation should not need to be the predominant, substantial or so reason in order for the bias2694 motivated crime to be prosecuted as a hate crime.
Uh furthermore, we just want to briefly um note that we submitted to the committee proposed redraft language which reflects the many conversations that we've had with stakeholders to build on the reform and we appreciate your consideration of any of these changes, especially crucial for us to strengthen our data collection requirements, which would um make sure that our data is complete and we certainly need the robust data to ensure that our hate crime statutes are being enforced consistently. So in short reforming our state crime laws is overdue. We need to acknowledge that these incidents are happening in2732 our communities and we hope that you would um sent a favorable report for this um for this bill, I also want to note that I am before I turn it over to Senator Heinz that I will be submitting written testimony on my other bill that Senator Rausch mentioned H 1822 and s 1127 Thank you so much for your time and I'm happy to answer any questions2751 after the panel.
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Thanks Senator Heinz
[SEN HINDS:] 1[HB1819]2756 [SB1051] thank you, Chair day and and chair Eldridge and and and it's been an honor to work with people in and Attorney General Healy and the two of them and their offices have put in a lot of work even since filing this to improve upon the bill that was submitted2770 and and that brings us here today. Um you know, I'm here because I strongly feel that we cannot exist as a commonwealth that stands up against hate unless we are effective at standing together to confront the violent bigotry that we have seen yet as we try to do this. And I came to this work precisely because we found that the statute that underlines our ability to stand under underlies. I suppose our ability to stand strong is unclear and undefined and reach out to the Attorney General in her office regarding a case in my district and found their critical lacking definitions found in multiple locations and much more so clearly work is needed to modernize and improve our hate crimes laws.
But I will say this in this2814 effort simultaneously been very clear eyed about ongoing efforts to assess the impact of our judicial system and in particular the disproportionate impact on individuals and communities of color. And therefore we undertook an extensive process to which included outreach and engagement and beyond to ensure that this bill does not run counter to our important efforts at criminal justice reform. That led us to spend considerable time working on the incorporation of restorative justice as a, as a part of this process. And so that folks who commit crimes of this nature would uh they might result in engaging in a restorative justice process. This is the message we heard repeatedly in meeting with various stakeholders and advocates on this. Um you know, some of you may know that before joining the Senate, I spent nearly 10 years in the Middle East working with the United Nations, focus on negotiations from Baghdad to Jerusalem and Damascus.
So, my understanding of the importance of getting at underlying root causes and motivations is as foreign, is informed by those experiences as well. And what we are describing with the inclusion of restorative justice is not soft reaction to violent action. It means incorporating response and solution that actually has the potential to create sustainable and lasting change in individuals and communities. Um therefore, the redraft we've submitted for your consideration includes language which would allow alleged offenders to be eligible for restorative justice programs, um either as ordered by the court or through the terms of2902 their probation um In2904 doing so, we think there's an opportunity for education and dialogue between alleged offenders and those they have harmed.
Um it presents a strong alternative2912 to incarceration in cases where it's relevant and allowing for diversion away from prisons instead of paving the way, instead trying to pave the way for strong bonds to be forged within and between communities, Um largely as a result of our criminal justice reform law of 2018, many community-based restorative justice programs are getting on their2933 feet beginning some great work with alleged offenders and we have charged the newly hate crimes task force established In the FY 22 budget with developing recommendations to further strengthen and develop community based restorative justice programs. Um, so I wanted to dwell on that today. Um, and as the buzzer is indicating I would now like to hand it over to the attorney general in massachusetts. Maura healey who has just been so central as a reason this effort is getting attention. Um, and I want to thank the attorney general2964 again for for her work over to you.
Thanks Senator Attorney General Healy.
Welcome.
[MAURA HEALEY (ATTORNEYS GENERAL MASS):] [HB1819] [SB1051] Well, good morning chairs, Day and Eldridge and members of the joint committee, Thank you for the opportunity to testify. Thank you to my colleague Senator Heinz and Representative when I want to thank you both and your teams for your incredible partnership or the last several months on this and act to reform the hate crimes statutes. As you've heard over the past several months. We have spent time with and heard from so many stakeholders, importantly community groups, District attorney civil rights advocates, hate crime victim advocates and many others. We have now redrafted this bill today. I am here to say as your attorney general as a former head of the civil rights division3014 in the Attorney General's office. I think this is the right bill and this is the right time to get3021 it done. I want to mention two aspects of this bill specifically. The bill updates our list of individuals protected under the hate crimes law.
We've added immigration status, gender, gender expression and sex as protected characteristics. Why? Because they weren't there?3039 And that's been a significant gap. And also these groups have been shown to be particularly vulnerable number to the bill updates penalties for people convicted of hate crimes.3051 We are sensitive to the concerns and I am extremely sensitive to the concerns about the potential unintended consequences of penalties, particularly as they relate to people of color within the criminal justice system. So we? Re drafted this to include penalties that we only think are really necessary to the effectiveness of this law. Now under current law, understand that there's no difference between a battery and a hate crime battery. So white supremacist who targets and attacks a black person because of their race is treated3090 the same as a person who punches somebody in a bar fight. That's not right. And if the penalties are the same for simple battery and a hate crime battery, which they are under current law.
Here's3102 what happens. I'll tell you as a prosecutor,3104 you charge the battery because you don't charge the hate crime because you have to prove an additional element of intent and that's hard to do. So it raises the3112 question, why do we have a separate hate crime battery offense? If we're gonna have a separate battery, we ought to offense for hate crimes. We ought to treat it as it should be treated just like we do when it comes to elevated penalties for assault and battery against pregnant people, the elderly people with disabilities and first responders. And I think we know given the pervasiveness, the pernicious nous, the rippling effects of the already racist, anti Semitic and anti Semitic, um sexist, homophobic, transphobic acts we've seen just in recent memory in the3146 commonwealth and around this country, there is a broader impact on community that is so much does so much harm beyond the harm against the individual who has been attacked. So these are the reasons for the change is also we've updated the penalty for repeat offenders. Obviously those with a history of hate crime convictions should be charged with with a greater penalty. Um Thank you for your time today. You know the moment that we're in. I appreciate the committee's consideration and I hope that we act now in the commonwealth to speak out against an address. Hate
Thank you Attorney General Healy. Any questions from members of the committee.
Alright, seeing none. Thank you all for testifying today. I3195 know there are some further panels coming up um both in support and opposition and we'll look forward to working with all of you in this committee as this bill gets further consideration. Thanks very much. Thank you. I was remiss and I apologize and recognizing Representative Colleen Garry a member of the committee who joined quite a quite a while ago trying to juggle the witnesses, apologized. Garry but welcome again as always. Now recognize
[DAY:] Senator Patrick O. Connor to testify and S 1120 to enact relative to bodily autonomy and family integrity.
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Senator O'Connor
2nd call Senator O'Connor But
okay,
Yes. Okay, we'll move on to uh Senator Cynthia Creem on S 47. An act to regulate face surveillance. Senator Creem
Hi, I'm just trying to get my video on so wait a minute. Okay, thank you.
[SEN CREEM:] [SB47] Okay, thank you so much. I want to thank Chairman Day and Chairman Eldridge for the opportunity to testify. I'm here to testify in support of S47 and act to regulate face surveillance, facial recognition technology is dangerous, both in its in its ability to facilitate government surveillance and its track record of identifying people specifically people of color. Last session, we were able to establish a limited regulations on police use of facial technology. Unfortunately, these reforms were the result of a compromise and truly did not go far enough. Given the significant implications, we cannot allow government agencies to keep using this technology without further regulations in place and right now, there are no regulations on government agencies following us.
This bill would expand the agency's regular regulated under the bill to include all public agencies. It would prohibit any government agent from using facial recognition to track or monitor people in public spaces such as schools, libraries, parks or municipal buildings and mind you in places this is happening. S- 47 would require police retain a warrant prior to using facial recognition database except for emergency situations. It would create an additional check on the use of technology. This technology ensure it is being used in sanctioned circumstances and to protect the rights of criminal defendants. This legislation would establish due process protections for criminal defendants right now. Under our legislation, they're not there. And this bill would create a centralized process for law enforcement agencies to use this technology, which will approve accountability and transparency.
It's hard to believe. But in some school districts across the country, Children are being monitored with facial recognition without their parents, by the3387 schools, without their parents knowledge. We need to control this situation. We need some regulations for these reasons. I request S 47 to be favorable. I also filed S 9 59 I followed it with District Attorney Marilyn, Ryan and chris Garber. And they will be speaking soon right now when a person damages or defaces property in order to intimidate a victim based on the victim's race, religion, sexual orientation or other protected status, The person can only be prosecuted for a hate crime if the property3419 belongs to3420 the victim. In other words, someone could spray a racial slur on a home that you rented and you would have not, they would not be guilty of a hate crime. S 959 will close that loophole. So that damaging property in order to intimidate a victim based on protected status is a hate crime regardless of whether the victim owns the property that we damage Massachusetts is clearly no place to take. And that applies to owners as well as renters. Hateful incidents have been on the rise, anti Semitism and other incidents. We need to protect all of our people. Thank you very much.3455 Happy to answer any questions and I hope both bills have a favorable report.
Thank you Senator Creem I see. Uh Chair Eldridge with the rest.
[ELDRIDGE:] Great, thank you so much. Chair Day, I just want to thank leader Creem for your leadership on facial recognition regulation, both last session and this session and of course uh you know that you serve on the Special commission on facial recognition. That Chair day and I are chairing now and we will continue to work on those recommendations. So I just want to thank you for your leadership on that. And clearly this is something that there's a lot of focus on by the committee. Thank you
Thank you, I know that. Thank you very much of which for your work as well and she
thanks very much Senator Creem uh we'll move on now to
[DAY:] representative Christine Barber and middlesex District Attorney Marian Ryan on H 1464 as well as the companion bill S3511 959 that we just heard from Senator Creem on an act to amend the definition of
Oliveira
[REP BARBER:] [HB1464] [SB959] Thanks mr Chair. Um, and I'm really pleased to work on this bill with Ryan and with senator, um, Creem as well. Um, thank you for taking me out of turn. Thanks to both Chair Day and um, Chair Eldridge and all the members of the committee, as you said, I'm here in support of a bill, I filed an act to amend the definition of hate crime, which was just mentioned previously by Senator Creem. Um, as was mentioned, this legislation would actually close the loophole that Day Ryan has found in massachusetts hate crime legislation. So when an offender damages property to intimidate another based on sexual orientation, race, religion or other protected status, they can only be prosecuted for that hate crime if the destroyed property belongs to the victim.
Um, so in my district where the majority of folks are renters or even students living in dorms, there's a loophole where um, hate crimes statute may not apply to them so well known, we've heard today that the number of hate crimes has drastically increased over the last few years, particularly against asian americans, hate crimes numbers have risen significantly, but we've also seen an increase in victims targeted over any race. Uh, sexual orientation and religious bias over the last few years when there is a loophole and3606 renters and others are excluded. Um, this is a significant problem obviously for being able to prosecute and address these hate crimes. Um, so I don't want to take More of the committee's time. Going to hear from D A. Ryan and I look forward to working with you on addressing this loophole and ask for a favorable report for this bill. Thank you very much.
Thanks rep Barbara, uh, Attorney Ryan Welcome.
[MARIAN RYAN (DISTRICT ATTORNEY MIDDLESEX COUNTY):] [HB1464] [SB959] Thank you. Good morning Chair Eldridge and Chair Day, I'm happy to have been able to work on this bill with leader Creem and Representative Barbara as you've heard it addresses two pieces. One piece is the simple, what I believe to have been just an error in drafting where the statute requires that the property belonged to the person who has been targeted. It is a problem both for renters and students as you've heard mentioned, but it is a particular problem because as we know, and I mentioned last week before the committee, the only two types of crime that have risen over the last year and a half3670 our gun crimes and hate crimes. We've had just an enormous increase in these. And what we also know is that a number of people, people, particularly people new to this country like my3682 immigrant grandparents are renting a home before they can afford to buy a home.
So if they are targeted for who they are, then they do not qualify for protection under this statute, it also impacts people when the property that's damaged may be public property. So for instance, if I were to spray paint swath stickers on a public school across the street from a family that was jewish where they, every time they came in and out of the door would have to be looking at those swath stickers, the person, if they were identified who did that could not be punished under3716 the hate crime statute, because3718 the family clearly does not own that school, that is obviously not what we intend. So this is a simple fix. The second piece of what the statute addresses is that even when somebody has been identified prosecuted, convicted in order3733 to pay restitution the way the statute reads right now, if someone else owns the property, they can collect that restitution and there is no requirement that the money be used to ameliorate the damage.
So if the city or town where those swastikas3747 were on the school were to get the restitution, there is no requirement that they use it to repair the paint on that school, it would just go to the general fund. Same with a landlord or if somebody were to spray paint offense on somebody else's private property, if that person decided that they were not bothered by what was out there or they had another financial need, they would have no obligation to use the money that's been repaid to fix that problem. So this statute, this bill would also fix that piece of the problem I support as well. The bill that's been filed by the Attorney General, Representative Wind and Representative Hinds um as you know these that addresses and3790 they have incorporated as part of our conversation some of these pieces of this bill
I also3795 enthusiastically support the part of that bill that emphasizes restorative justice, I've been a strong supporter3801 of that have worked with Senator Eldridge a3803 great deal on that and we know one of the best things about restorative justice is it does what is needed in hate crimes. It actually changes people's hearts and that's what we need to do to address this conduct. So I think this bill is a very sensible fixed for the statute, both in terms of including other people and directing restitution that's paid to actually fixing the problem3827 and I asked for a favorable report. Thank you.
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Thank you. Mr. Attorney Ryan appreciate your work as always. Any questions from members of3837 the committee for Barber or District Attorney Ryan Yeah, seeing none, thank you both for coming forward, appreciate it. Thank you.
[DAY:] We move on now to Representative Ramos on H135 and Act to regulate face surveillance.
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Senator Ramos
[REP RAMOS:] [H135] thank you Mr Chairman, thank you for allowing me the opportunity to testify before your honourable committee on this very important topic of facial surveillance technology. I'm here to testify in favor of House bill 135 which is an act to regulate facial surveillance. Um the topic of facial surveillance is not needed to the commonwealth of massachusetts, as you all know, there have been several municipalities across the commonwealth to have taken the step of banning facial surveillance for all municipal departments. Springfield being one of them here in the city of Springfield along with my colleague who is now senator. Yes. Um, Well, we were in the city council, we were we were the lead sponsors on an ordinance that band facial surveillance technology here in the city of Springfield for all municipal departments.
And um, that is How we became the 5th municipality in the entire country to band facial surveillance technology. And we did so because of many reasons, none of which are more important than the fact that this is technology that is inconsistent, inaccurate and overall dangerous when3923 it comes to miss identifying people of color and putting them in a situation of having unnecessary um unnecessary um, running with with law enforcement officers were thankful to the legislature for all of the work that you've done on for police reform during the last session, which included regulation official surveillance technology. However, as was mentioned by my colleague Senator Creem earlier, uh, the current3953 law does not go far enough, for example. Um, the current law regulates facial surveillance technology for law enforcement agencies. However, it does not regulate the use of facial surveillance for non police entities such as the schools and public transportation.
So again, it puts people at a um in a dangerous position. Studies have shown that this technology has proven to be inaccurate. For example, just3977 There are many studies out there, but I'll just give you one uh that was conducted by M. IT which found that black women who are 35% more likely than white men to be misclassified by facial surveillance technology. So again, I can go through on and on. There are several studies that prove that this is technology that has been proven to3995 be inaccurate and we need3997 to take steps to further regulate this technology. So I thank you for your time and I thank you For considering house Bill 135 and I ask you for a favorable recommendation from this honourable committee. Thank you. Mr Chairman,
thanks so much represent Ramos appreciate it. Any questions for the rep?
Alright, seeing none appreciate it4020 very much. Thanks and stay4022 well move on now to uh
[DAY:] Senator Cindy Friedman on H. 3117 and S. Two. I'm sorry, I apologize. Senator Friedman S. 1036. An act relative to sexual harassment.
Uh Senator Friedman
[SEN FRIEDMAN:] [HB3117] [SB1036] Thank you very much. Mr Chairman, I can start my testimony without noticing how um I mean humans are to each other and the need clearly the need for all of this protection. Um and I bring up another one. Uh this is a bill and act relative to sexual harassment and it has to do with sexual harassment in the Workplaces of venture capitalists and entrepreneurs. Um, S 1036 would solve this by establishing statutory protections for professional investors from sexual harassment and discrimination by professional investors. Um First and foremost without law, the quid pro quo sexual harassment that occurs across the industry when an investor offers or suggest that investors will be given funding in exchange for some sort of sexual behaviour.
These stories are well documented. Their abundant and all too often, of course, they involve women as the victims. Um, 10 36 would accomplish um the prevention of this and stop it for once and for all, by making sexual harassment illegal in this context may not stop that forever, but at least it gives women um and others protections. Um, I'm not gonna get into um ah the details and the specifics. I'll do that in my written testimony. But in addition to sexual harassment, there's a growing body of evidence that is found that women and people of color who seek funding from investors historically receive substantially lower share of funding than other groups. And we are talking substantially lower.
I'll give you one um metric Black Entrepreneurs received a mere 1.7% in funding and Latino entrepreneurs uh, Got just 1.3%, and we're talking about billions and billions and billions of dollar industry, moreover, despite the venture capitalist sector seeing their biggest year ever, the proportion of capital flowing to women and people of color held steady or decreased. Um so there's two reasons for this. Either the vast majority of women or people of color entrepreneurs are proposing terrible investment ideas and should be rejected or discrimination is taking place in this industry. And I strongly believe and I think you would agree it's the latter. Um and sadly for women and people of color are facing these results, they find themselves at a continual significant disadvantage because they have no legal protection or recourse
s 10 36 would solve this problem if passed, this bill would ensure that discrimination protections are extended to professional investor investing relationships, not just traditional employer employee relationships. As our law covers today. It would create a cause of action based on discrimination for an individual or the attorney general, on behalf of an individual to bring suit against a professional investor. Um, It adds language to our existing discrimination statutes to include business investments and transactions. Um I believe that this bill would have a profound effect on how money is distributed through our venture capital funds. And I ask you to support the bill. Thank you very much.
Thank you very much Senator for your thoughts and advocacy here. Any questions from members of the committee.
Alright, seeing none again. Thanks Senator, appreciate your time and patience. I don't want to.
[DAY:] Senator Joan lovely on S 1089 and act to protect unpaid interns volunteers and independent contractors from sexual harassment and other forms of discrimination.
Senator lovely. Mhm
loosen it. Lovely again, sir? It's been uh off and on on this one SHOW NON-ESSENTIAL DIALOGUE
said golf is senator lovely.
Mhm. All right. Uh We'll see if we can get Lovely back on has been informed that represented Tucker has informed the committee based on the amount of of uh members of the public who are testifying, that he will submit written testimony and follow up directly with the committee. Appreciate that consideration very much Representative Tucker Uh
[DAY:] We've we've got representative Dylan Fernandez on H117. An act to provide facial recognition accountability and comprehensive enforcement
represented Fernandez. Fernandes Sorry.
[REP FERNANDES:] [HB117] Yeah. All right, thank you. Mr Chairman. It's good to see you. Thanks for taking me out of turn. Uh and and Chairman Eldridge good to see you and honourable committee members. I'll be brief just here to testify in support of H 117 facial recognition is an emerging technology that could have vast consequences for our society. But there are very few laws guiding it and of course there are a number of mundane uses this technology, such as sorting through photos on your phone. Um but companies can also use facial recognition data to track our movements and effectively and our privacy as we know it massachusetts has already begun to consider regulating government use of facial recognition and that's a good start. But what actually scares me more is the implications of unfettered use of our face by private companies. And as facial recognition technology improves coupled with even greater saturation of cameras, private companies will have the ability to track our movements without our permission or knowledge and4400 sell our facial data.
Two other companies and we're not far from a world where you can walk into a store and store cameras match your face with a online profile with data about your buying power, you're likely preferences or where your4415 faces tracked across public places and that data is sold to market to you. And if that's not really4422 a problem or you don't see that as a problem. You know what if a store private entity use your facial recognition data to match your face to an online profile that projects your likelihood of theft or uses tracking data to deny you insurance or alone or some other form of business or your facial recognition data could be used to predict your mood to your employers. This is already being employed in Japan And so we should all have a right to privacy.
But companies have already combined child databases with billions of pictures of our faces so that we can immediately be tracked uh and matched. And so this new world requires new regulation and this bill just aims to prevent the nefarious use of our face by private companies. So similar to laws that require a lawyer, financial advisor to act in their client's best interest. This bill just places a fiduciary duty upon private entities use of our facial recognition data which means that these companies are not allowed to use the data without informed consent, which I know is tricky. But more importantly it makes it so that they can take action that conflicts with the persons data whose data is being used best interest or use the data in a way that the person does not consent to or engage in practices that can mislead cause injury to or take4510 advantage of that person who's data whose facial data they're using.
It also bans companies4516 from selling or profiting off of your image um and from discriminating against against users and so cameras are already ubiquitous and as driverless cars summer exist and perform just because they are covered with cameras. There will be few places outside the home where our face cannot be tracked, mashed and sold and so putting4538 this fiduciary responsibility on private companies will ensure that our most deeply personal possession are face will remain our own is only used in our best interest. So thank you Chair day and honourable committee members and thanks for your consideration.
Thank you. Representative Fernandez appreciate it. Any questions from the committee.
Alright seeing none again. Thanks for for coming forward, appreciate the testimony.
[DAY:] We'll move on now to uh uh h 1907 and welcome vice chair china Tyler as well as billion carter to come forward to testify. Vice Chair Tyler,
[REP TYLER:] [HB1907] [SB994] [SB1049] Good morning Mr Chairman, hopefully you can hear me. Um Good morning, Chair Day and Chair Eldridge. Um I'd like to thank the entire committee for engaging in discussion on hair discrimination policy reforms. Um which is House bill 1907, Senate bill 994 Senate bill 1049 filed jointly by myself. Representative Tyler Representative Ultrino and Senators de Domenico and Gomez Um As a mother, I'm so honored and4609 proud that I get4610 to work on policy that protects the self esteem of many young students across the commonwealth, including my daughter who was just 10 years old. The denial of employment and educational opportunities because of hair texture and protective styles is simply unjust and we must do all we can to pass this bill of the session, this committee both in the House and Senate.
I spend endless hours and honestly, Mr Chair4633 is quite a bit of money on hair products to ensure that my daughter is happy with her hair, which is her identity and you both have Children. So I know you know what it's like dealing with the uh hair shuffle in the mornings. Um when I learned of what happened with the two students in Maldon who had the heartbreaking experience while at school, which was very most sad about,4653 sad part about it, I was concerned because that could have been my4656 daughter and box braids are pretty common, you know for us here in my household. Um there clearly beautiful honestly and um they saved me quite a bit of hours of doing hair. Um I don't have to do here every morning. Um so I'd like to thank every person who helped out with this bill and who was helping lead this initiative um and who was testifying today. Um and I'd like to bring up my friend bithiah carter who is the president and ceo of new England Blacks and philanthropy. Um she has been very supportive of this cause um here in boston and beyond. So thank you so much. Chairs and I look forward to working on this bill with you all. Thank you.
Thank you. Vice Chair Tyler for your leadership here. Much4694 appreciated uh dan carter.
[BITHIAH CARTER:]4700 [HB1907] [SB994] [SB1049] Thank you. Thank you very much. Thank you Chair day and Eldridge and thank you to my friend, Representative Tyler and members of the committee rep4709 Ultrino Gomez and di Domenico and all the other representatives and legislators here. Thank you for allowing me to speak on this critical bill. I live in Milton and I joined you today to support the crown act of massachusetts. House bill 1907 and act prohibiting discriminatory um discrimination based on hairstyle. This bill will make it clear that this is not only not tolerated but not accepted in the commonwealth and I think I'll start4733 with a press hair puts a ceiling on the brain. So this is not just about hair, but hair isn't as part of one's identity and an extension of culture has been politicized and police starting with almost the birth of this nation.
So we hair has not only been a space in a place of our own personal pride, but this is a place of liberation and a tool of liberation. And self identity laws around hairs have morphed into court. Now, cultural norms, black people are often encouraged to change their hair control their hair to fit into society where they're not fully valued or accepted comments from school, workplace sports complicit in this culture of4776 oppression. We must stop this now. We are seeking to chase the solution and we invite the commonwealth to join us to support creating a respectful and open space, open world for natural hair and thereby support the crown act of massachusetts and House bill 1907 and supporting Bill S 994 and 1049 are meeting in october attracted over 500 people that wanted the same thing and we're hearing from dozens of people every day.
As you know, there are 14 states that have passed this bill. It is important that we massachusetts be a part of this change. It's important that we continue this conversation and not only set the standard for the rest of our nation, but also say to the people of the commonwealth. This is no longer tolerated oppressed here puts a ceiling on the brain. And this is our time to remove that ceiling to ensure that we can all be are authentic cells. So therefore we look forward to not only joining you, we look forward in supporting this and bringing others to support this bill. We are happy that rep Tyler and others are supporting this. And even our congresswoman Ileana Presley today, we want to make it clear that discrimination will not be tolerated in massachusetts and therefore we support this bill with others. Thank you.
Thank you so much for your testimony and leadership here as well in our community. Any questions for any members of this panel from the committee?
Alright, seeing none. Thanks very much. We look forward to continuing our work with4879 you both on this bill. Obviously a vice chair Tyler4883 very directly on this bill uh to another member of the committee. Representative Brandy Fluker Oakley.
Uh Representative Elugardo
All right, we'll move to Representative Liz Miranda
represented Miranda.
All right, we'll move on to Representative Nika Elugardo
Representative Elugardo
4936 Mhm.4936 Yeah.4938 Okay, we'll come back. They're we'll move on now to a panel. I'm sorry. Uh4944 We'll move on to uh city councilor lydia Edwards,
counselor Edwards.
Okay, we'll move on to a panel uh danela clark for the massachusetts commission on the status of women. Um event, clandestine Executive Director of rerouted in Shelly Mendez, business owner. Uh Danela clark.
[DENELLA CLARK4981 (MSCW):] [HB1907] [SB994] [SB1049] Good morning Chairman Day. I want to thank you for the opportunity. Certainly want to recognize all of our representatives and senators here want to thank representative china Tyler and my good friend mutthiah carter, the massachusetts Commission on the status of women is proud and has been proud to endorse the crown act, discrimination manifests in our society uh, in so many forms, I can tell you as a black woman that's had a 30 plus year career here in the commonwealth that at times throughout my own tenure as china Tyler mentioned, I wore box braids5016 and I can recall being in a very large one of our largest employers and being asked to Um remove my braids and being told that braids were not becoming uh, in the workplace. So this is a very, very important bill and I really hope5033 that you will join not only the other 14 states but with all women and girls here in our Commonwealth to ensure that we are not discriminated against because of our natural hair. So thank you so much again for the opportunity to speak. And I really look forward to doing what I saw in California, having our governor signed this bill into law and celebrating sometime in the5060 near future that massachusetts stands with all women and girls regardless of how we choose to wear our hair. Thank you again, Chairman Day
Thank you. Thank you5072 Miss Clarke Chairman Clark and for your work as well. All that much appreciate it. Move on to get the best in
[YVETTE MODESTIN:] Good morning everyone giving thanks to those whose shoulders we stand on. Uh Good morning to all the members of the committee and my fellow sisters in the struggle Representative Tyler and Bethea carter message, pride, history, love resistance identity. Those are the things that describe the crown of black and brown women. The thought that we are in a position that we cannot move freely in our full self and that someone else has permission to direct our crown our hair and his representative Tyler and Tyler and the papaya have said it is an extension of our body. I have young girls who do not come to school if their hair is not cold to take aware their natural texture.
So the crown act is not just about hair, it is about black and brown women being able to move freely in their full self and saying I am here, this is beautiful, my crown5165 is beautiful. So today I say to you allow us to police our own hair hair, removed the history of policing black and brown hair remove the history of us not being able to be seen in our full human light as black and brown men and women because for rerouted, we also hear black men who have locks get arrested for having their locks. Uh black girls get sent home because their hair is not seen neat. Black girls, brown girls get told, oh your hair looks and and it's always in this very negative way. So today is about here but it's about the right of black and brown men and women to be given the opportunity to decide I move this way and this is beautiful and my crown. So5224 today I say my crown speaks5226 freedom, acceptance and beauty. So thank you,
thank you so much for your testimony. Much appreciated. I will note just it was about a second or two where your computer seem to freeze up. We got the testimony. However, just a note for the public again, if you do have technical issues moving forward, we do welcome written testimony following this, but thanks so much. We've got the uh your testimony, much appreciated. Uh thank you
Shelly Mendez.
All right, we'll move back to representative Liz Miranda
today. The
[REP MIRANDA:]5282 [HB1907] [SB994] [SB1049] Chairman Eldridge Chairman day and the rest of the committee as Alice walker once said oppressed hair puts a ceiling over our brains, there's an unjust spotlight put on black hair, particularly that of black women, whatever you do with it. The act is viewed as a stance and our hair has been policed for far too long and we have and must have the freedom to show up as our authentic selves. I'm honored to be here today with5307 my sister in service to support H 1907 S 994 as 10 49 and act prohibited prohibiting discrimination based on natural hairstyles more widely known as a crown act filed by rep Ultrino rep Tyler Senator de Domenico and Senator Gomez to assure protection against discrimination based on race based hairstyles in the workplace and public schools by expanding statutory protection to hair texture and protective styles such as braids, locks, twists and knots.
I too have a natural hair story while growing up. My natural state is very curly and very wild and big and oftentimes in school or applying for jobs or even running for office. I was told time and time again that I should not wear my natural hair in its form because it did not look tamed professional enough for the things that I was pursuing and I think about that message to other young girls or other young women who are thinking about pursuing leadership and thinking about how they can come up and show up as their authentic selves if they are constantly being told that themselves are not beautiful enough for worthy enough to enter spaces with their natural hair.
With this legislation, it would protect everyone. Statistics shows that hair discrimination has a disproportionately disproportionately negative impact on black women in the workplace and in schools, as one of four black women in the State House. I know that I am not immune and neither any of us of the hair discrimination because of our titles, feeling the need to adhere to Eurocentric practices in order to conform and be accepted5408 has influenced5409 me and many other black women to resort to damaging style practices such as using chemical relaxers and heat to change our hair to an unrecognizable form to the same accord. Hairstyles that are meant to protect our crowns such as locks, braids and twists are deemed unprofessional. And we have seen time and time again black women being punished for wearing our hair in its natural state.
I'm thankful for the courage of the two young women at their modern high school whose family and themselves stood up and said no because we know there's thousands of black women and girls that face the same discrimination every day that they face. These two young women were not the first to face hair discrimination and will not be the last if we continue to idle around the subject and not5452 take a stand. Our stories are subject to repeat until we take a stand with legislation to reform the system and begin to transform the idea of beauty standards, forcing young women to compromise the integrity through manipulating their hair and natural state is a bad precedent. I hope that encourage I encourage this committee to vote this um favorably out of committee and I will be sending remarks to finish my testimony.
Thank you all thanks so much! Represented Miranda. Any questions from the members of the committee for the rep.
Alright seeing none again. Thanks so much for taking time and for your advocacy. We'll move on now to Representative Fluker Oakley,
[REP FLUKER OAKLEY:] [HB1907] [SB994] [SB1049] thank you so much. Chairman Day and thank you for for taking me out out of turn and appreciate you and chair Eldridge for this uh hearing today. I promise. I will be brief representing the 12 Suffolk parts of Mattapan Dorchester Hyde Park in Milton to testify around what is commonly referred to as the Crown Act. H 1907. I am so proud to stand with my sisters and service as the four black women in the massachusetts Statehouse supporting the Crown Act. This bill provides critical legal protection from here, discrimination and school work in public spaces and this bill's effects will be felt indirectly to shape professional norms. Briefly, I wanted to share a story about my time as a public defender at CPCS, those of us who were practising attorneys know that public perception not only of the client, but also the litigator matters. And whenever I had to litigate in court, I would arrange to have my hair straightened because I didn't know if I'd be risked for experiencing discrimination by a judge, by a court officer, by opposing counsel or even by members of the jury.
We need to protect black women legally against the discrimination and change the norms of professionalism to include all natural hair. We can't control the way our hair grows out of our scalps. Unfortunately, this experience is common for black women. 80% of black women like myself feel the need to change their natural hair to fit in with workplace standards and that risk of discrimination is also real. In fact, 63.5% of people have displayed an implicit bias against textured natural hair. This imposes costs on black women financially strengthening our hair can actually damage it. It takes up precious time not to mention the emotional toil and forces conformity with expectations that are both antiquated and discriminatory for these reasons. I encourage you in the committee to report this book favorably and I so very much appreciate your time.
Thank you rep resented Fluker Oakley for your testimony and advocacy here. Any questions from members of the committee?
Alright, seeing none. Thanks again. Obviously we look forward to working with you on the committee on this legislation. Uh moving on now to another panel, we welcome Courtney scrubs of the Junior league of boston Pamela, lynch and and Michelle roberts. Courtney scrubs.
[COURTNEY SCRUBBS (JUNIOR LEAGUE OF BOSTON):] [HB1907] [SB994]5637 [SB1049] Good morning Senator Eldridge and Lesser representives, Day Tyler and Representative Ultrino and members of the joint committee on the judiciary. My name is Courtney scrubs and I'm a very proud member of the mass bar and have served in a number of roles in local volunteer community, including as president of the mass black lawyers association. I now serve as advocacy chairwoman for the national bar women lawyers division where matters that impact black women lawyers nationwide are at the forefront of our minds and our service and as international miss massachusetts where I'm honored to represent the commonwealth on an international stage among some of the most dynamic and multifaceted women I've ever met today.
However, I am here as the vice president of membership with the Junior League of boston, currently representing a diverse membership of nearly 800 women who devote more than 20,000 volunteer hours a year to our community initiatives in greater boston area. We are focused very specifically on the development of women and girls and we recognize that positive self image and inner confidence are critical elements linked to a girl or a woman's ability to feel a sense of acceptance and belonging and to our ability to reach our our full potential as the League5706 of Women. We are honored to stand with others nationwide as members of the Crown coalition and full support of House Bill 195713 oh seven and Senate Bill 1994 acts prohibiting discrimination based on natural hairstyles as we oppose any and all forms of racial discrimination, which undermines our ultimate goal.
To see greater boston women and girls thrive growing up in Louisiana, I understood that proximity to whiteness and a black woman's aesthetic was an indication of value and worth too many, including lighter skin and good hair, straight or loosely curled hair texture. It was a social expectation then that my hair remained straight to showcase alignment with this societal standard braids were no no and wearing my hair kinky would undermine a good5752 hair campaign fast forward to today. However, I very probably adorn box braids which connect me to my ancestral heritage and too many other black women and girls across the5762 communities in which I live and serve. It also allows me to protect my delicate crown from the manipulation and stress that can literally weaken it. It is unbelievable that right here in boston, my Andina cook were placed in detention for wearing their hair5775 much like mine today And like leaders who represent us on Capitol Hill, what an unfair and unjust contradiction for a child to experience.
Many professional women agonize even in 2021 about whether to straighten their hair for a job interview or a company headshot. This pressure to alter ourselves now because we want to, but because we have to to be successful is what this bill actively seeks to relieve us of and I am incredibly grateful for it and grateful to you today for seriously considering our plea. I'm also intimately aware of our efforts as a commonwealth to rid ourselves of a painful history proving5810 to the world we are in fact a beacon of inclusion and a place where the best and brightest can thrive. The league is here today with the same mission becoming more of what we ought to be, Who we want to be and what we say we are. I urge each of you to not allow this opportunity to do the same in this context passed us by. I respectfully request that this committee passed both H. and 1994. And thank you for this opportunity to speak on this issue of justice and liberty. Thank you.
Thank you attorney scrubs. How much appreciated uh, remember the panel is Pamela lynch.
[PAMELA LYNCH:] [HB1907] [SB994] [SB1049] Thank you everyone. Thank you Chair Day. Thank you for allowing me to speak on the crown5856 act today. My name is Pamela lynch and I live in dorchester Mass. I join you to testify in support of H. I'm past president advocacy chair of junior legal boston. This bill matters to the Junior League of boston. As Courtney said 1906, we have been an organization of women catalysts for lasting community change. We are committed to inclusion, an inclusive environments of diverse individuals. Our community is stronger with voices of everyone involved. Junior League has led numerous mentoring programs over the years and support of all5894 youth and women having equal access to schools, workplaces and public areas. I will never forget when my niece shared that she was made to feel uncomfortable because of her natural5904 hair.
She wanted to change her hair and she did not exhibit the confidence she once had as a5910 strong, fierce little girl. It is not right that people are discriminated against based on their natural hair. We stand with the girls. We mentor the women in Junior League and the others in support of this bill today. When this bill, H 1907 was filed in last session. Only two states New York and California had passed this legislation In two years since 12 more states have joined in taking a stand today. We we want to be clear that discrimination against natural and protective hairstyles like any other form of discrimination will not be tolerated in massachusetts. Thank you for the opportunity to speak on this critical bill today.
Thank you. Uh mr lynch for your testimony. We'll go to the final member of the panel and Michele roberts.
Uh I yeah
and Michelle roberts.
No.
Okay. Uh last the members of the committee. If there are any questions for attorney scrubs or Pamela lynch
seeing none at the time. Thanks very much for your testimony and happy to see we appreciate it very much. Thank you. Move on to thank you. Uh huh Samoa who is a here on behalf of the Crown coalition? In Washington D. C. Yeah,
[ADJOA ASAMOAH (CROWN COALITION):] [HB1907] [SB994] [SB1049] thank you so much greetings, chairs, Day in Eldridge and distinguished members of the joint committee for the record. My name is adua be Asamoah and as the racial equity and social impact strategists who not only developed the legislative strategy for but who also leads the nationwide crown act movement on behalf of the Crown coalition co founded by dove of the National Urban League and others. It is my pleasure to appear before you today As one who was born and raised in New England. It is also my honor to testify in full support of H1907 known as the Crown Act.
Before I go further, I'd like to know I am6048 here on behalf of the Crown Coalition, including more than 70 prominent organizations, including the legacy civil rights organizations, predominantly black sororities, including my own beloved delta sigma theta sorority, which6061 you'll hear from the National Bar Association, the US Black Chambers of Commerce A. D. L. The links, the6067 Association of Black psychologists, A C L U L D F S E I U Y W C A American Academy of Pediatrics and many others. So I asked for a little grace on the time and perhaps be granted one extra minute. There is a long standing history and problematic practice of racial discrimination based on hair in the United States. There have been countless cases where black people have been discriminated against for wearing natural hair and or protective styles including, but not limited to braids, locks, Bantu knots, afros, et cetera.
This form of racial discrimination includes being fired, passed over for promotions and even having employment offers rescinded. It impacts the upward mobility of individuals and families. And it has been the reason far too many Children have missed school and had negative educational experiences as I think about the work I've led across the country at the local state and federal levels. I think about DeAndre Arnold in texas who I testified alongside, who was told he could not participate and his high school graduation ceremony with his friends because of locks. I think about people all over who collectively gasped witnessing Andrew johnson a student wrestler in New Jersey, be forced to make a decision he should have never had to make and choose between having his locks cut and identity attacked or forfeiting a match he had earned the right to participate in based on talent. And I also think about the cook twins who will hear from today, who in massachusetts were repeatedly punished for being black girls rocking beautiful braids.
Now at the onset, I mentioned wearing a few hats, but I didn't include the one I started my career wearing and that says a licensed therapist and recovering adjunct psychology professor. I share that only because I wanted to be understood that the psychological impact of being told essentially that the way you were born is not OK is something people shouldn't have to endure. The damage6189 to ones self esteem can be long lasting and perceptions of self worth can be impacted in ways that simply shouldn't get again, shouldn't exist. The issue of narrow beauty standards in America continues to perpetuate inequity injustice6204 and discrimination against black people and it warrants a legislative fix. The crown act is the legislative fix the bill remedies and inconsistency and anti discrimination laws by amending codes to protect against discrimination based on traits historically associated with race such as hair texture and protective styles despite great strides made to shift the culture around natural hair.
Hair discrimination remains a prevalent form of racial discrimination with serious economic and health consequences. It is, I hate to break in, but I would ask you to wrap up your oral testimony. We obviously welcome additional written testimony from you. No problem on behalf of the crown coalition, including civic engagement focused organizations. We thank you Representative Ultrino for your partnership and leadership, championing the crown act in massachusetts. We also thank the co sponsors for their leadership, especially Representative Miranda. This concludes my testimony. I'm happy to answer any questions as the creator of this movement.
Thanks so much appreciate your advocacy and your work on the national level and welcome back to New England. Um any questions from members of the committee.
Alright, seeing none. Thanks again. Committee looks forward to working with you as this moves forward as well. Would now welcome uh Mia Hazlitt
to come forward.
[MIA HAZLETT:] [HB1907] [SB994] [SB1049] Hi, thank you for having me. Um since George Floyd murder, the word systemic racism, diversity, equity and inclusion have been thrown around with the hopes6307 of leaving a want to end it. My support for bill 1907 was in the hopes of having a change for my Children because of systemic racism. I thought even if this bill was passed, it's too late for me, systemic racism has taken6322 its toll on me and as a black and asian woman,6325 I would never ever think of going on a job interview with my natural hair,6332 systemic racism has taught me that my natural self is unprofessional. It is unkempt and it is profiled. It doesn't matter that I've been working a professional quick career for three decades or that I have my bachelor's degree or that I've excelled to the point within my career that I will only support presidents.
I ask you to think of the scariest thing you've ever done. I did the scariest thing this past summer. I looked for a new job and chose to interview with my natural hair. Going on the interview and getting the job should be my only fears. But all I could think of was I should have straightened my hair. What prompted me to advocate for Bill 1907 is working at one of the state's colleges, one of my students looked at me with my afro puff on my head and her friends said, you know what? I know her, she works in the President's office. The students response to her. The President's office doesn't have afros that hit me in the gut because I understood what she meant. Here was a young woman who is suffering the consequences of systemic racism. Here was a student pursuing her college education and already limiting herself because of her hair. I ask for your support for this bill, because I think how can we live in a state that celebrates juneteenth but continues to discriminate against natural and protective hairstyles of our black and brown women and Children. Thank you for6446
thank you mr for sharing your personal story with the committee as well. Much appreciated any questions6454 from members of the committee for mishandling.
Okay, seeing none. Thank you very much for your patience and your testimony. Both appreciate it.
We move on now to want Cofield representing the VP of New England one Cofield
one Cofield.
Okay, move on now to Deborah Silvia representing the massachusetts Appleseed Center for Law and Justice. Deborah Silvia
[DEBORAH SILVA (APPLESEED CENTER FOR LAW AND JUSTICE):] [HB1907] [SB994] [SB1049] Um, Good morning Chairman Day Chairman Eldridge and members of the committee. My name is Deborah Silva and I'm the executive director of the massachusetts Appleseed Center for Law and Justice. I'm here to testify in support of House 1907, Senate 1049 and Senate 994 all entitled an act prohibiting discrimination based on natural hairstyles massachusetts apple seeds mission is to promote equal rights and opportunities for massachusetts residents by developing and advocating for systemic solutions to social justice issues. For many years, our work has emphasized dismantling the school to prison pipeline and for those of you who may be unfamiliar with that term. It refers to school policies and practices that push students of color and students with disabilities out of the classroom and into the6544 juvenile justice system, criminal justice systems. We have published reports on the harmful effects.
Excuse me, the public report on the harmful effects of zero tolerance policies and advocated for school discipline reform with our partners as part of the6560 chapter 2 22 coalition,6561 which is named after the law that was6563 passed in 2012, that provided uh increased access to education materials and due process rates for students, subjects to exclusionary discipline. We've also created and distributed know your rights guides in multiple languages so that parents, caregivers and other advocates are better able to navigate the school discipline process, increasing the likelihood that their Children will achieve fair outcomes for all students. While our research has continually highlighted the disparate impact of school discipline on students of color and students with disabilities, we began to understand the importance of analyzing school discipline with an intersectional lens.
In 2017 12 black girls, Maya and Deanna Cook students at Maldon Charter School were punished6600 for wearing their hair in braids. Um, and as others have described this incident sparked outrage across the commonwealth and mass Appleseed. It became a turning point a realization that the school to prison pipeline narrative had to be expanded from a male centric or in some cases gender neutral narrative to shine a spotlight on the experiences of young women who face distinct discrimination at school due to the intersection of their race and gender. To begin changing this narrative. Last year, we worked with fellow Appleseed centers in Kansas, in Alabama to publish the report protecting girls of color from the school to prison pipeline.
The report found that in massachusetts, black girls were almost four times as likely6635 to experience exclusionary discipline compared to their white counterparts. That disparity is directly connected to the fact that school dress codes disproportionately target black and brown girls for wearing their hair naturally. We know that the type of discrimination the cook sisters faced is still happening in Maldon and across the commonwealth. An act prohibiting discrimination based on natural hairstyles would protect young female students of color, ensuring that they are no longer pushed out of the classroom for wearing their hair naturally. Mass Appleseed strongly urges you to issue a favorable favorable report for these bills. Thank you for considering this testimony.
Thank you for your testimony and your work. Any questions for Deborah Silvia from members of the committee.
Alright, seeing none. Thanks again, appreciate it. I move on now to Patricia shepherd from6686 the Mystic Valley area branch of the Naacp
Patricia shepherd. I'm here and just turning everything on. We're trying to
[PATRICIA SHEPARD (MYSTIC VALLEY NAACP):] [HB1907] [SB994] [SB1049] Yeah, there we go. There am. Okay greetings, chair day and Eldridge My name is Patricia Shepherd and I live in Winchester massachusetts. I'm honored to be the chair of the political action subcommittee of the6716 Mystic Valley Area branch and a CP, I join you today to testify in support of House Bill6723 1907, which everybody knows what that is at this point. Um it would make it clear that discrimination based on natural and protective hairstyles is not acceptable in the Commonwealth. I've been very fortunate over the last few years to become acquainted6737 with a beautiful young woman of color who has given me permission to share just a bit about her story. Today. Briefly she was pressured by a supervisor to change her hairstyle to put it succinctly.
The emotional upheaval that this created6751 for many months clearly contributed to her eventually quitting her job. This should not be legal anymore and no one should have to put up with this type of behavior. A quick poll of members of our local branch of the NaacP revealed additional examples of discrimination, including the now very infamous to young students who were suspended for wearing braids to school and one graduate student telling another believe it or not, quote, curly hair is not professional and just isn't taken seriously. End quote When this bill was filed last year, there6787 were only two states that have passed it. Now there are 12 Moore I sincerely hope that Massachusetts will be joining their ranks very soon. Thank you for the opportunity6798 to speak on this important bill,6800 which will help to protect all of us in our communities. Thank you.
Thank you patty. Any questions from members of the committee.
Alright, seeing none. Thanks again for your testimony also was remiss in recognizing and welcoming back as always Representative whips, a member of the committee who's been here for quite some time as well. We move on now to zenda walker of know your heritage was in the water.
Hello, thank you, can you hear me?
[ZENDA WALKER] [HB1907] [SB994] [SB1049] Thank you so much for having me. Just um, I appreciate this time. I'm zenda walker, I'm a licensed ah Lee I know you're r ta G watch, Day I have been boston university in Cambridge College for my bachelors and masters and I've spent much of my career in boston as a young professional. It was important for me to testify today um in support of H nine house 19 oh seven because I believe that hair discrimination is not just a civil rights issue is actually a public health issue. Um I grew up in a home that affirmed by natural hair and I was also in but I was also influenced by the world around me in my human condition, right? And the messages that I received from peers in6884 school um as well as teachers, co workers and employers6889 that my hair was different but not necessarily in a positive way.
My hair was always described as weird, untidy, ugly, offensive and unprofessional. Um and it was always confusing growing up because my natural hair texture was my state of being And I never felt like I could just 100% just be myself. I experienced potential employers taking pictures of my hair on job interviews. I've had people take pictures and touch my hair without my permission and it's always been a challenge for me to understand if this has been my hair, my natural state of6926 my hair has been a deterrent or challenge for my growth and opportunities in the world. And so what's important to remember is that are currently coyly textured strands, locks, braids and afros are linked to our african ancestry and it's one of the most important traditions that we are still able to celebrate through hundreds of years of the horrors of the transatlantic, explained my afrocentric heritage.
H A I R I6953 T G S one way that I hold on to seek6957 true freedom of expression. And so I just want my daughter to grow up in a world where she's not judged by her hair but by the content of her character and I want her to grow up and be proud of these natural beautiful hairstyles and be confident about celebrating her hair traditions. And so I close out by just saying that no person should be forced to hide who they truly are and employers should be more focused on the competencies of the job and the importance of creating working environment that foster a sense of belonging. Thank you for allowing me to testify today.
Thank you for your testimony for sharing his story. Both again, much appreciated any questions from members of the committee presented walker
seeing none. Thanks very much. Move on now to Tunisia Sullivan also testifying in support Tunisia Soul.
[TANISHA SULLIVAN:] [HB1907] [SB994] [SB1049] [HB1819] Good afternoon, Chair day Chair Eldridge and members of the judiciary committee, thank you for the opportunity to testify, I am Tunisia Sullivan residents of boston massachusetts while there are a number of bills being heard today of great interest to me both personally and professionally including 18 h 1819 the hate crimes reform legislation being led by rep trump Nguyen AG Healy and senator Hinds this morning this afternoon I am testifying on an issue that is deeply personal for me and thousands of black women across the commonwealth which is one of the reasons you will hear and see from so many of us testifying in support7068 of the massachusetts crown act.
I also want to be clear for the record that the new England Area Conference of the NaacP supports this legislation following7081 in the footsteps of the national NaACP the terms racial justice and racial equity get used quite a bit these days to describe various public policy solutions and often are misplaced and misused but that is not the case as it relates to the massachusetts crown act. Hair discrimination, Israel here bias is real and7102 its impact is long lasting impacting people of all stripes black women are disproportionately subjected to issues relating to our natural hair making hair discrimination and bias, not only a racial justice issue, but a gender justice issue some of my earliest memories as a little girl relate to7120 my hair7121 and wanting it to be just right when I went to school and by just write that meant as close to what the little white girls hair look like as possible.
Years of hot combs and relaxers, not only burning the scalp, but thinning the hair and advancing false notions of what's acceptable as a young lawyer with straightened hair pearls and pumps the poster child for what scholar kenji7144 Yoshino describes as covering in the workplace. I was still asked to explain who I worked for, whose secretary I was without any possible consideration, that I could be the one with the permanent office. Most recently, just a few months before the COVID-19 public health pandemic7161 left many office buildings empty. I was riding an elevator headed to a client meeting when someone turned to me and said in disgust, there used to be a time when we would have told you to put a comb to that head. I'm older now and starting not to care as much about what people7179 think, but I've experienced enough to know that we are still judged by the hair that grows out of our head and it impacts our opportunities for professional advancement, our7189 academic pursuit and the way we show up in society in simple terms, this is a racial justice issue. This is a gender justice issue and it is a very big deal. We need to get this right in massachusetts and I asked the committee to move this bill out of committee so that the legislature may vote on the massachusetts7211 crown Act7212 and passed with all deliberate speed. Thank you.
Thank you for your testimony. Sullivan Any questions from members of the committee?
Alright, seeing none. Thanks again, appreciate your work. Uh Rhonda Green,
Rhonda Green from Cambridge.
Okay, we'll move on to, I wanna poke from Delta sigma theta
the time. Okay,
[AYANNA POLK (DELTA SIGMA THETA):] [HB1907] [SB994] [SB1049] um good afternoon7259 there chairs Day in Eldridge um and distinctive membership of members of the committee. My name is Diana polk and I am the social action coordinator for massachusetts and a resident of boston. That's a sigma theta sorority incorporated is proud to support house bill 19077276 Delta Sigma Theta sorority incorporated as a public service sorority and non governmental organization with more than 1000 chapters Founded by 22 history making civic, civically engaged undergraduate women in 1913 on the campus of Howard University, it is the largest predominantly black women's organization in the world. Delta Sigma Theta sorority incorporated is the leading purveyor of justice and opportunity that is made up of7301 members who are tireless racial and gender equity advocates and we strongly support outlawing hair discrimination.
House Bill 1907, the creating a respectful and open world for natural hair otherwise known as crown act addresses and inconsistency in existing anti discrimination laws and amending the applicable massachusetts government code to protect against the discrimination based on trades historically associated with race such as hair texture and protective styles despite efforts made by citizens legislators and courts to tackle this long lasting damaging effects of racism. Hair discrimination remains a source of racial discrimination that with serious economic and health consequences particularly affect black women, Children and men. This type of discrimination is encouraged by purportedly race neutral grooming and dress code policies in the workplace that enforce Eurocentric standards a professional hair. Black7366 women adhering to such grooming policies must often employ harmful styling practices like consuming heat, straightening chemical relaxers, both to which can lead to hair damage and hair loss, braids, locks and twists.
Also known as protective styles can be necessary for healthy black hair maintenance. We believe expanding the current protections under the classification of race to include hair texture and protective styles is critically important as it will make it illegal for employers and public and private charter schools to discriminate against the public protected employees applicants and students hair As the sorority that prides itself on engaging in meaningful social action. We are proud to support hospital 1907 and respectfully requests you're a vote on this measure. Thank you for the opportunity to testify today.
7423 Thank you very much for coming forward to testify and share your thoughts with the committee. Any questions from members of the committee?7430 Mhm. Alright, seeing none. Thanks again. Uh stay. Well, we move on now to Elizabeth clark Donald from the links incorporated Middlesex County Mass. Chapter Elizabeth Clark Donald,
[ELIZABETH CLARK:] [HB1907] [SB994] [SB1049] Good afternoon chairs, Day and Eldridge and members of the joint committee. Thank you for giving me the opportunity to speak In support of Bill # H 1907. My name is Elizabeth Clark Donald, president of the Middlesex County chapter of the links incorporated. I am here to represent one of the founding organizations of the Crown Coalition. The links incorporated is an international not for profit corporation established in 1946. The membership consists of more than 16,000 professional women of color in 292 chapters, located in 41 states, the District of Columbia, the7506 commonwealth of the Bahamas and the United Kingdom is one of the oldest. The links is one of the oldest uh and largest volunteer service organization of extraordinary women who are committed to enriching, sustaining and and in engaging the culture and economic survival of african americans and other persons of african ancestry because of our founding principles in advancing women of color.
We are glad to support this very important legislation that defines and addresses the discrimination that people of color face of their natural hair. Our hair represents our strength, our hair represents our boldness. Our hair represents our power and no one and I say no one has the right to take that away. And this is why the members of the links incorporated stand in support Of H. 1907. The Crown Act expands the definition of race, including traits historically associated with such as hair texture and hairstyle. It provides protection against here discrimination in both the workplace. K through 12 public and higher education as well as charter schools. And the Crown Coalition is a national alliance dedicated to outlawing hair discrimination.
It was co founded by the National Urban League Doug Color of Change and the Western Center for Law and Poverty, which the links incorporating is a founding member. The coalition is made up of more than 10 other organizations. The Crown Act was first introduced in California in February 2019 but was passed first by the assemblywoman right in New York. The bill is centrally tackles unjust grooming policies that have desperately impacted women, men and Children despite them being seemingly neutral on their face. The links incorporate is proud to stand with the coalition and be part of this movement. It is now massachusetts time to take part in this action. It is time7683 to protect human rights of people of african descent and prevent hair discrimination in the workplace. I urge you to support and stand with the Crown Coalition and protecting the rights of its constituents. Thank you for allowing me the extra time.
Thanks so much Miss Clark Donald appreciate it. Uh had a sense that you're wrapping up. So I want to let you do that appreciate it very much. Thank you any questions from members of the committee. Mhm seeing none. Thanks for your work, your advocacy and uh stay well,
all right, we'll move on now to Nick ISa Sadeghi.
[NAKISA SADEGHI:] [HB1907] Great,7729 Good afternoon Chairman,7730 Day and Aldridge and members of the committee. Thank you for the opportunity to speak today. My name is Nikki Society E. G. I am a student pursuing a master of Public health at the Harvard T. H. Chan School of Public Health. I am also a medical student planning to pursue a career in dermatology. I'm here today to voice my full support of House Bill 1907. During one of my dermatology rotations, I saw a patient who came in7757 for hair loss. She described several years of using hot combs and chemical agents to straighten her naturally coiled hair so that she could appear more professional for work and job interviews. This contributed to scarring of her scalp, leading to an irreversible form of alopecia or hair loss. Her decision to straighten her hair was not one of personal preference, nor did it emerge in a vacuum. She, a black woman had been taught from a young age that her hair was not proper.
She told me that back in high school she was cautioned by a teacher to straighten her hair if she wanted to go to the prom because this was a formal event. The discriminatory behaviour is that we allow in our schools are not ignored or forgotten by youth, but can have profound impacts that last a lifetime discrimination on the basis of hair. Not only hampers personal7804 expression and perpetuates racism. It is also a public health issue. Those who face pressure to alter their hair may resort to damaging hair straightening agents, including chemical relaxers, that can weaken the hair shaft and even contribute to chemical burns and scarring on the scalp. As was the case for my patient. The health impact of racial discrimination itself is also well documented. One study found that young adults who experience discrimination had a higher likelihood of mental illness. Public health experts have described the concept of weathering, which posits that chronic exposure to racism and discrimination among black individuals can lead to physiologic changes and worse overall health outcomes among communities of color.
The instances of discrimination and schools and workplaces might seem short lived. There impacts transcends far beyond one's time spent in these institutions. After all, discrimination is a question of health with disproportionate impacts on the communities of color that already face the brunt of health disparities. Thank7867 you for this opportunity to provide testimony while today I7870 represent my own views. I wish to also express the full support for this legislation on behalf of the Brigham and women's hospital Department of dermatology, which will be7880 providing written testimony by the end of the day. I urge you to support House Bill 197885 oh seven to secure a future in which all Children and youth in our commonwealth can grow up to be unapologetically their true selves and can have an equal opportunity to be healthy.
Thank you the thank you for your testimony will keep an eye out, pardon me for that written testimony submission as well. Any questions from members of the committee?
Alright, seeing none again. Thanks very much. Moving on now to Senator Patrick O. Connor here to testify on S 11 20 to enact relative to bodily autonomy and family integrity. Senator O'Connor
[SEN O'CONNOR:] [SB1122] thank you. Chairman Day and chairman Eldridge and three to the committee. I want to begin my testimony for a Senate7928 Bill 1122 by saying that I trust the science that continues to develop around covid 19 and I encourage everyone to get7935 vaccinated and adopt CDC approved safety practices for the protection of all of our7939 communities. S 1122, which I originally filed by request for a constituent addresses a specific issue that comes after the conversation of whether or not one should be vaccinated and whether an employer or an institute of higher education or government should be able to fire or restrict access to education based on7960 their vaccination status. At the end of the day, we in the commonwealth are going to have a significant number of individuals and families who do not wish to get vaccinated, whether because of their religion, medical complications or personal choice. In the midst of unemployment crisis and the risk of creating second class citizens, we need to stop the ongoing policy that allows individuals to be fired from their job if they are unvaccinated and create7987 a more adjust policy. That respects the fact that there are simply going to be people in our society.
They're not going to get vaccinated. There has to be a better way to do this. Rather than taking away somebody's job, limiting their access to education and limiting options on things such as transportation, health care and many of the facets of everyday life, we have alternative options that are available to us that are working in the private sector, many employers offer daily testing as an alternative to8015 a vaccine. Remote work has become the norm. In many industries, there are ways for employers to maintain a safe workspace without punishing a person for their choice not to get vaccinated. We simply cannot afford to be firing people and including individuals the opportunity to better themselves and their families through education. The human service industry in particular has already seen disastrous hit to their employment levels and the occupations, demographics of those individuals who are unvaccinated in our state should be of serious concern as we take the next steps in determining what a fair course of action is for individuals and their families8051 who choose not to be vaccinated.
In closing, I am8055 fully vaccinated, my staff who I asked their permission to reveal this are all fully vaccinated and we like many of your offices, if not all of the offices of the members of this committee spent the first several months of this year working around the clock to help people get vaccine appointments. This in my opinion is not about the vaccine and its merits. It's about how we have to think pragmatically about things moving forward And I think that? S112 to gives us the opportunity to have that serious discussion that I believe members in all of our districts want us to have. I thank you for the opportunity for being able to speak today and chair day and chair Eldridge, I appreciate being taken out of turn.
Yes, thank you. Senator O'Connor Any questions from members of the committee?
Alright, seeing none. Thank you again. We move on now to consideration of H 1790 filed by Representative Joe Meschino and Act relative to privileged communications and call uh panel Sarah Derby and holly smith from the8122 from cPCS.
Thank Sarah Derby, holly smith. Hi there. Yes, I'm here. Sorry, can you hear me?
[SARAH DERBY (CPCS):] [HB1790] Great, thank you. Thank you. Chair Eldridge and chair day and the rest of the committee for the opportunity to testify In support of House Bill 1790. My name is Sarah Derby and I'm the director of social work for the Children and family law division at the committee for public counsel services. I've been a social worker working as part of the legal defense team and family8154 separation cases for over 208156 years. Initially working with families directly and now as a supervisor with his perspective, I feel very strongly the child safety would be increased with the passage of this bill increasing the number of community supports to a family is a sure8170 way to make Children safer. One very clear way of doing this is to have a social worker working as part of the holistic legal defense team, but we know that many attorneys are leery of hiring social workers8181 without the explicit clarification regarding the mandated reporting law.
We also know that many qualified social workers are not interested in being hired in this role for this exact reason. In addition, we know that many of our clients are leery of working with social workers if they do get brought on the defense team without the explicit clarification. Our clients in the criminal justice and child welfare systems have reason to not trust that the system will work for them bipod communities in particular experience over policing and over regulation. Having a social worker as a full and active part of the defense team allows family a8217 different avenue for support and referrals to services that otherwise may not be accessible. If a client based on their lived experience does not feel they can trust8225 and therefore does not engage with the social worker on their defence team. That person who most needs the holistic approach to keep their families intact and their Children safe, will not be receiving it. It is the woman who might enter treatment for her substance use disorder treatment that could strengthen and increase wellness for her entire family but he refused to work with the social worker hired by her attorney on her criminal case.
For fear of DCF being notified. It's the father who won't engage with the social worker hired by the CIA attorney to help him get his child into treatment for their significant mental health disorder that results in the child being placed in DCF custody for no other reason than to access this service. It is also the 15 year old boy who is charged with the domestic case for assaulting his father. The boy does not tell the social worker who was hired by the attorney that he was defending himself from his father because he is afraid that reported to DCF and does not want to be separated from his father or his family because of this. The social worker does not know that the boy and his family need services and support and therefore they get none without this clarification that a social worker is a member of the legal team is not a mandated reporter. The statute currently has written serves as a barrier for access to needed community supports for families and also adds to an already overburdened and understaffed child welfare system. Thank you so much for the opportunity to testify today.
Mhm. Terrific. Thank you very much for your testimony. Your advocacy. I'll move onto holly smith also remember the panel. Yes, I'm here. Terrific. Welcome. Thank you.
[HOLLY SMITH (CPCS):] [HB1790] Thank you Chair Eldridge and8325 chair day. My name is holly smith. I'm an attorney and I worked for CPCS and I'm here in support of House Bill 1790 attorneys are duty bound to not reveal client confidences without their consent. This contributes to the trust. That is the hallmark of the attorney client relationship. Clients must trust that their confidences will not be8346 revealed so that they can be forthright in their communications with their lawyers. This forthrightness is necessary for attorneys to give the client the best advice and counsel and also to provide them with the most effective defence. This principle of non disclosure must and does extend to the entire legal team and it falls on the attorney to safeguard this information, attorneys are also duty bound to be zealous in the representation of their clients, attorneys who represent Children and families, youths and adults charged with crimes8376 and other persons facing a potential loss of liberty.
View social workers as an essential part of the legal team. Often our clients have substance use disorders, mental health issues, learning learning disabilities or otherwise don't have their basic needs met. Sometimes it is these things that bring the youth or the adult into the court system. Sometimes it is these things that hamper a client success in meeting court conditions. Sometimes8406 it is identification of these things that mitigate a sentence accordingly. In order for our attorneys to zealously represent our clients. We must have social workers as part of our legal team to identify and plan for a8419 client's individual needs, identifying and addressing some of these issues. Not only helps a client have a8425 successful outcome in their case but also impacts your success in life as Mr B just stated the mandated reporter law is currently written exists as a barrier to the use of social workers as part of a legal team.
Without the proposed clarification, attorneys are duty bound to protect their clients confidences are not engaging social workers for the fear that the social worker will feel bound by the statute and will violate the ethical rule of confidentiality for those attorneys who are hiring social workers. Without the clarification, some clients will not be as full and frank in their communications, fearing that the social worker would report their mother or their father or themselves to DCF this chilling effect hampers an attorney from being a zealous advocate um and a client who otherwise would have brought an important issue to the forefront will continue to have her needs unmet. Thus diminishing both her case and life success. Thank you very much.
Thank you8483 very much for your testimony. Questions from members of the committee.
Alright, seeing none appreciate it.8492 We will look forward to working with Meschino and you on this bill as well.
Next we'll move on to H 1536 Representative by sorry, filed by Representative David. DeCoste An act to protect the religious beliefs and moral convictions of citizens of the commonwealth
and welcome Gregory. Try to wrap Fiola
Uh Gregory trade Muratore
I am here. Terrific. Welcome. Thank8528 you very much. Um let me pull up my my comments and thank you very much Chairman for the opportunity to speak to you. My name is Gregory Trade, Vitolo and I live at six Rogers brook east and8540 over mass. And I'm speaking today because of my concern regarding bills, House bills 1536 a bill legalizing religious discrimination and regarding8552 house bills 1534 16 28, And 39 61, which impose unnecessary and burdensome requirements on those seeking an abortion. House Bill8567 1536 allows religious beliefs to be used as a justification to discriminate against people based on their sexual orientation or their gender identity and that's just plain unacceptable. The same argument was used in response to the Civil Rights Act of 1964, when religious restaurant owners and segregation at school board members argued that their sincerely held religious beliefs required them to discriminate against black customers and students.
The argument was wrong then, and it's wrong. Now the law should recognize religious liberty as a shield to protect against government encroachment on the private exercise8607 of conscience and8609 never as a sword to allow discrimination by imposing someone's discriminatory beliefs against others. I'm at an interfaith marriage and I hate to think about restaurant owners or hotel owners or others who would have discriminated against my wife and I because we are a christian and jewish marriage. This bill would8632 allow that kind of discrimination With respect to house bills 1534, 1628, 1760 and8641 39 61. These bills all aim to burden access to abortion care, Which is a decision to be made by a pregnant person and their doctor based on a constitutional right that the Supreme Court has consistently upheld since it first considered the issue in 1973.
The vast majority of massachusetts residents support roe V wade and opposed the overreach of legislators who seek to make life difficult for anyone seeking an abortion simply because of the legislators personal religious beliefs, especially at a time when the U. S. Supreme Court has been been packed with ideologues who seem inclined to severely limit this crucial right to safe and legal reproductive care. It's crucial that are massachusetts. Legislature take immediate8691 steps to increase access to such care and not impeded as a father of two daughters. I ask that they and my grandchildren's futures not be impeded by government innovation here. These bills are extraordinarily imposing and have clear religious motivations, massachusetts. Lawmakers do not have the right to control the bodies of their constituents based on their personal beliefs and should not allow discrimination in the name of religion and I urge the committee to vote no for their passage. Thank you very much.
Okay, thank you for your testimony. Any questions from members of the committee?
Uh seeing none again. Thank you for coming forward with your testimony. We'll move on now to consideration of H 1470 by Representative Nathalie Blais and act protecting LGBT Q victims and asked Maddie Raymond to come forward to testify Maddie Raymond.
Okay, we'll move on to consideration of H.
Followed by Representative Lewis and S991 followed by Senator8778 Cyr an act repealing homophobic and transphobic laws and welcome Elijah patterson of black and pink massachusetts
to come forward. Elijah Patterson. Well, were you able to hear me? We've got you already.
[ELI PATTERSON (BLACK AND PINK MASS):] [SB991] [HB1727] Great thank you. Um8798 as you said, my name is Elijah Patterson and I'm an organizer with black and pink massachusetts which is a statewide work working long L G B T Q plus people and people living with HIV who are involved in the criminal legal system. I'm here today. Speaking support of S991 Aged 1727 and act8822 repealing homophobic and transphobic laws. This bill will repeal of statute criminalizing so called crimes against nature of a sexual nature charged as sodomy. Um I was honestly very surprised when I found out that we still had a long like this on the books because I remember when the Supreme Court overturned texas's uh anti sodomy law in 2000 and three, it was groundbreaking national news and here we are in massachusetts heading8853 into 2022 with a similar law still on the books, strikingly anti sodomy sought to non not, sorry, a no brainer.
The concept of sexual crime against nature is offensive issues for people sexually deviant. And while the strategy is no longer used to outright prosecute so called homosexual deviancy, it's more often used in cases of rape where there's anal penetration, it seems also to be applied to the rape of Children. This is deeply offensive to complete rape and queer sex. Using an anti career statute to prosecute rape creates an equivalency in people's minds and the statute has got to go further because of how it's now employed, it often becomes overcharging rape is already illegal. We don't need statutes that specify what time, what type of assault occurs when there is a category that already encompasses the transgressions that we're concerned about and well, it's not popular to be concerned about the treatment of people convicted of sexual crimes. This conviction itself is outright dangerous. When approached it is sentenced to prison, the name of their charge assad me Marxism as sexually deviant and queer, which is an incredibly dangerous category to fall into, um, as a queer survivor of repeated sexual violence.
I do not have any love rapists, but they are still deserving as safety. While the state holds up and that's a necessary statute is actively harmful in name alone and also like to speak very briefly to the many hate crimes laws on the docket. Well, it may seem supportive to specify that targeting person for something like their gender or sexuality is not Condoned in our society. He Creem was of the long approach like anti sodomy laws there. Duplicative assaults is illegal already prosecuting someone for their ascribe motivations does not decrease and assault and it does not make anyone safer. So as a national conversation on incarceration continues, it's important for us to consider statutes on the books that do not serve the public that can do a little moving. Just finishing my last point to avoid creating superfluous laws. What we call for is a comprehensive reform and decriminalization. Um, and finally abortions should be free, safe and available on demand. Thank you so much for hearing my comments today.
All right, thank you for your testimony and ask any members of the committee who have any questions.
Okay, seeing none. Thanks again.
We move on to consideration now. S 1036 all by Senator Cindy Friedman and act relative to sexual harassment
SHOW NON-ESSENTIAL DIALOGUE
and welcome a panel from equal global partnership. Uh, get to jolly swami on Pierrepont and Ron jeremy Siegel.
Hello, thank you very much. Um, uh, Senator, uh, thank you chairs Eldridge and day for giving me this opportunity to speak. Um, I present, I have, we have submitted a letter from individuals and organisational signatories representing thousands of supporters of this bill. My name is gitanjali swami. I'm a serial entrepreneur and I'm currently managing partner of the task, a consulting firm that serves public private partnerships, um governments and private sector farms. I'm also an adjunct associate professor at the School of International and Public Affairs at Columbia University's and I serve as a representative to the equals global9076 partnership, A joint venture between the U. N. Women um University GSM. A. I. T. You and several governments Massachusetts in particular ranks at the bottom 46th in the nation to be exact for the growth of women owned businesses and this dismal funding to women entrepreneurs contributes majorly disparity.
Senator Friedman spoke about statistics Fired prior to COVID companies founded by women received at less than 2.5% of venture capital. That was in 2018. And in addition, uh only 0.2% of the funds were granted to women of colour. After Hashtag Metoo and hashtag Blm. There was a marked increase in commitments to improve organizational diversity, equity and inclusion among9130 the industry. But, and I want you to pay attention to this despite an overall increase in capital flows To the venture capital and private equity industry in 2021. And that is9144 over. Covid where everybody else was suffering investment in organizations with diverse teams has stagnated or potentially decreased In 2021. New venture capital firms raise $73.6 billion 2018 high of $68 billion dollars and the year is not over At the same time startups led by all women. Founding teams accounted for only 2.3% of the funding race compared to 2.5% in 2018 and 2019. So broad the broader, you know, industry private capital industry echoes the same trends.
The point is we have a catastrophic and pointless labor market chasm And which Morgan Stanley estimates is a $1 trillion 50% of the money that goes to this industry actually comes from public pensions and public sources. So the facts show this incredible inequity and injustice that women9216 and minority entrepreneurs face as well as the pervasive nature of nature of the issues and the data shows that despite record breaking fundraising, especially during Covid the industry, we will not distribute those funds to women and minorities in a participative manner. We therefore respectfully urge this committee to report the bill favorably at your earliest opportunity and make sexual harassment and discrimination by capital providers just plain unlawful. Thank you to the joint committee on9249 the judiciary, to senator Freedom Friedman for her leadership and her amazing staffers, Elizabeth David Christina for this support and to my partners on this crusade, Mandy androgyny. Thank you.
Thank you. Uh Next up is uh yeah, thank you, thank you all so much for the opportunity to speak. Um here my name is Mondi europe on as as needed. Said mandy, I'm a lead technologist at intel. This, the world's largest semiconductor chip manufacturing come see and the developer of microprocessor is found in most personal computers service today. Um it's the fast paced growth of technology that intel and the entire semiconductor industry fuels that really allows us to enrich all our lives, something we have9299 all witnessed, particularly through the pandemic that we are all grateful for now. It has also spawned an entire ecosystem of possibilities on applications enabled by the semiconductor industry today, driving the9313 future of the A I revolution. These possibilities which are realized by academia, by government, by industry and most importantly, startups, we have all realized how critical diversity of thought thought through all of this is and actively have been pursuing diversity and inclusion efforts to bring in not just a balance, but a rich variety to the evolving journey over here Now stem fields like ours are very strongly male dominated and to draw in a semblance of balance. We really need to provide a security blanket to the minority to bring them in not making them feel intimidated. While we have been able to bring in regular relations to provide some of the security, the protections against discrimination and sexual harassment in the conventional workplace, we've seen there remains a big gap when it comes to supporting startups, particularly led by female entrepreneurs in what you call a nonconventional workplace environment. Perhaps this may explain some of the reasons as to why we don't see that many of the multitude startups that we9389 look at actively with female entrepreneurs at the Hill So we absolutely need to provide them the same level of protection, the same level of security and have regulations in place to help ensure this. A bill like S 10 36 that we are introducing and pushing forth forward is absolutely a right step in this direction. So thank you so much for an opportunity here.
Thank you very much appreciate the testimony. Move on to the final member of the panel range, any single,
I think be9433 able to make it. Okay, thanks very much. Any questions for members of this panel from the judiciary committee members
seeing none. Thanks again for your testimony. We'll move on now to Sena for Mendoza of Mendoza Ventures Also in S 1036.
So no from Mendoza.
Okay, we'll move on to consideration of S 2453 filed by Senator Will Brownsberger and act relative to the addition of sex as a protected class category for hate crime prosecutions and welcome Wendy Murphy from the9481 women and Children's advocacy project. That doing the law Wendy Murphy.
[WENDY MURPHY:] [SB2453] Thank you. Thank you very much. Thanks to the chairs and members of the committee. My name is Wendy Murphy, I'm a former sex crimes prosecutor and adjunct professor at New England Law boston, where I teach a seminar on sexual9500 violence and direct the women's and Children's advocacy project. I'm testifying in support of s 2453 which would simply amend the9507 state's hate crime law. Chapter 2 65 Section 39 To add women, women suffer far more violence because they're women than does any other class of people suffer violence because of who they are. This is because since the founding of our nation, women still don't have basic equality and full equal protection rights under the 14th amendment, five women a day in this country are killed by men. Nearly twice as many9529 as 30 years ago, tens of thousands of women suffer domestic abuse daily. We need all the tools we can get our hands on to deal with this growing epidemic.
While women are not currently covered by section 39 they are covered by chapter 22. See section 32 which requires law enforcement officials to measure hate crimes against women even though they can't file charges, needless to say asking the police to measure9552 hate crimes that aren't actually crimes has caused confusion and gross undercounting of the violence women endure because they are women in 2018, for example, 2400 forcible rapes were reported in massachusetts, 10 times more to domestic violence offenses were reported, 90% of those crimes involved. Female victims and male offenders yet massachusetts hate crime reporting data for 2018 compiled under 22. See section 32 short, only five offenses denoted as hate crimes against women. Not all violence against women is a hate crime, but the annual number is certainly not five excluding women from hate crimes, signals to law enforcement and the public that violence against women isn't as important as violence against other people. If a man beats an irish person because they're irish, that's a hate crime. If he9601 does exactly the same thing to a woman because she is a woman, it's not a hate crime,9605 How does that make sense When you amend section9608 39 to add9609 women, I implore you to use the word sex, not gender because gender is a social construct.
While sex is a biological reality9618 and women suffer enormous violence because of their biological reality. More importantly, sex is the word used to describe women as a class of people in key civil rights laws in massachusetts and in9631 the massachusetts constitution. Furthermore, gender identity is already listed as a category in Section 39. Using gender alongside gender identity will cause confusion and lead courts to speculate about why the legislature did not use sex given its long established meaning in constitutional and civil rights laws. Women were intentionally excluded from Section 39 when gender identity was added as a category in 2012, they should now intentionally be added by using the clearest word possible to describe them, which is sex. I should point out here that the word gender is used in 22. See section 32 because9668 gender is used in the federal hate crime law and massachusetts is obligated under federal law to measure hate crimes against women, but massachusetts law clearly prefers the word sex. About half the states that cover women in their hate crime laws use the word sex because it's the only way to ensure that the suffering women endure as women is correctly named, measured and addressed by public officials. Thank you very much.
Thank you for your testimony. Much appreciate it. Any questions from members of the committee?
Alright, seeing none. Thank you and thank you for your work at the women's Children's advocacy project as well. Cara Danske from Women's Human rights Campaign. Usa Also on S- 2453 Cara Danske.
9720 Mhm.9720
Okay. We also have a a kelly from9729 Quincy mass
A kelly.
Okay. We'll move on now to testimony for H 18 22 by Representative Win and S 11 27 from Senator Rausch an act prohibiting body size discrimination and welcome the panel of Rebecca pool, Rachel estaba and Janet Conroy work.
[REBECCA PUHL] [SB1127]9762 [HB1822] Good afternoon. Thank you for The opportunity to testify in Senate Bill 1127 and house bill 1822 to prohibit body size discrimination. I'm Rebecca pool, a professor of human development and Family sciences and the deputy director at the Center for Food Policy and Health at the University of Connecticut. I'm a researcher and I've been studying body size and weight discrimination for two decades. I've published more than 160 research studies on this topic and as a national research expert, I'm testifying in favor of this proposed bill. So we know from national studies that the prevalence of weight discrimination in Us adults ranges from approximately 19 to 42% with the highest rates experienced by those with the highest weight status. It is unlikely that these rates will decrease given continued presence of societal weight bias. That has been consistently documented in employment healthcare, educational institutions and the9814 mass media. We also know from hundreds of research studies that weight discrimination is harmful to health.
People are stigmatized because of their weight end up having a higher risk9822 of depression, anxiety, substance use, eating disorders, suicidality, increased physiological stress responses. Weight gain cardiovascular disease and avoidance of health care. This evidence shows unequivocally that weight discrimination is not only a social injustice but it is also a significant public health issue. So put simply weight discrimination in paris health and quality of life. This evidence has prompted the international scientific and medical Communities9849 to issue a consensus statement in9851 2020 calling for strong and clear policies to prohibit discrimination. This report was published in the Esteemed Medical Journal Nature Medicine and was signed by more than one 100 medical and scientific organizations across the U. S. And worldwide Over the past decade.9866 My research team has published a dozen studies tracking public support for laws to address weight discrimination in the US are studies show considerable public support in US adults.
Approximately 3/4 are in favor of legislation that would add bodyweight as a protected class and civil rights statutes and for laws to prohibit weight based discrimination in the workplace. So we have substantial evidence of the pervasiveness and harms of weight discrimination. We have calls from the scientific medical community to implement policies to reduce weight discrimination. And we have studies documenting public support for this legislation. So as a researcher, I'm left with the question of what more evidence can possibly be needed to move this bill forward. I can continue to do research studies documenting the pervasiveness and damage away discrimination for another decade, but the research findings will not look any different9914 and this problem will not improve without political will and policy action fundamentally. People of all body sizes deserve to be treated with respect, dignity and equality and existing structural disadvantages based on body weight and size cannot be eliminated without legislation. Thank you very much for your consideration your time today.
Thank you very much. We'll move on to the next9936 panel before we open up the questions Rachel estaba
[RACHEL ESTAPA:] [SB1127] [HB1822] Hi yes, good afternoon there. Thank you so much. Dear Members of the massachusetts. Joint committee on the Judiciary. My name is Rachel. S top to and I am the creator and founder of Mortal of Yoga and I'm a professional wellness educator. I'm also an entrepreneur and for all of my life before I even knew that this is going to be my life, I have been working to promote body acceptance. Um I'm from massachusetts, I'm from Lynn and I live in Somerville massachusetts and my whole life has been shaded by the sense from a very young age six that I was too big for my size, from doctors, appointments to school to my peers, to family. This whole message9979 of being too big. It was something that really shaded my own self identity, my self confidence and that someone that had tried for years to listen to prescriptive measures to change my body, what it ended up doing for me was creating9993 this sense that I couldn't be enough in both my academic pursuits because I was afraid of how I would be perceived by appearances in10000 employment, worrying that my employers would10002 see my way to something that was a hindrance to my performance.
But most of all just feeling10007 like I couldn't fit in with my own life10010 and through my work with Mortal of Yoga, I have created a process to help people, especially10015 those of us living in larger bodies help us feel connected to our well being independent of whatever the10021 scale says, independent of10023 whatever diet fat10024 or messaging is10025 because when you are able10026 to take care of yourself10027 and feel that dignity in your10029 own body, it translates into10031 something beautiful throughout the world10033 and also here in boston. So I had the honour of working with thousands of larger bodied people predominantly10038 those here in the boston and massachusetts area,10041 all who just want to feel peace in their body, living in a large body, whether10045 that is something that you10046 have had your whole10047 life or maybe you come to a body that is different than the one you grew10050 up in. The fear and shame10052 around being larger in10053 our society is real. I've seen so many people hesitant to try yoga hesitant to take active, active care of their own well being simply because they feel10061 like they don't fit in.
And just as a personal10063 anecdote, I10064 actually had covid Back in March 202010066 and I had delayed going to the hospital because10070 I was so afraid that my weight10072 would be brought up here. I was10074 very, very sick with10075 the disease that we have heard being obese being overweight, these10079 medical terms as a10080 pre10080 indicator. Well, those are real people. I'm a real person, those of10084 us that I want to feel included and feel respected in10087 our culture and in our world.10088 We just need laws10089 to support that.10090 I know that this is an aim, something in the good, something that boston, massachusetts is so great at10095 advocating for the rights of people just to live without shame and fear. So I support this bill, I support all of the efforts, both said and unsaid of larger body people,10105 smaller body people because at the end of the10107 day, in our commonwealth, we10108 just want to live as close to health and it's close to happiness as we can. Thank10112 you.
Thank you mr stopper for sharing your story and10118 glad you got the care necessary10120 Covid and10121 made a recovery. Uh the10124 final member of the panel is Janet Conroy work,
Janet Khan droid. SHOW NON-ESSENTIAL DIALOGUE
All right, not seeing uh Gina Conroy cork, any questions from10145 the members of the committee for Rebecca pool or Rachel10148 estaba
10152 seeing10152 none, thank you10153 both for your work and your10154 advocacy and uh10155 committee, appreciate your testimony and look forward to working on10159 this bill.
Uh next panel in support of H 18 1210164 and 11 S 1110166 27 would be Chevis Turner and Rachel plumber
the best turner
and Rachel10177 plumber.
Yes, Hello, welcome, thank you.
[CHEVESE TURNER:] [SB1127] [HB1822] Good afternoon. My name is Travis Turner and I'm here today on behalf of the body freedom Project and as a member of the higher weight community to10193 express our10194 strong support for S 112710196 and H 1822. Thank you to chairs Day in Eldridge and members of the joint committee of the judiciary for the opportunity to speak today. Thank you also to senator Rausch and Representative win for your steadfast support of this important issue, I'm the co founder10212 and co ceo of the body freedom project, the national organization working to improve the lives of people by ending body size discrimination, harassment, bullying and stigma through awareness, education and advocacy. I am also10226 proud to be with you here today as a10228 person in a higher weight10229 body who has recovered from chronic dieting, a10232 typical anorexia and binge eating10234 disorder. At age five, I began to10237 understand that the people around me were worried10239 about my body size From that time forward.
I experience body shaming from family, friends, physicians, teachers, and even10247 people I did not know. As I grew older, I experienced more and more outright discrimination in various settings because of the10255 size of my body which stunted my ability to thrive as an adult. In response10260 to this body stigma and discrimination. I experienced depression and anxiety and used harmful10266 and dangerous methods to lose10268 weight. I developed eating10270 disorders as a way to cope with the stress10272 of being in a body that is regularly discriminated10275 against and stigmatized. I did not have any sense of self10280 dignity amongst the many incidents of body discrimination I've experienced those10287 in employment were some of the most harmful10289 because they10290 assume my capabilities were impacted by my body10293 size. In one instance, I was told that I would never be eligible for promotion or raise until I lost weight because10300 the ceo quote doesn't like fat people because they are lazy, unquote.10305 In another situation while interviewing10308 for a position, I was told10310 that I was perfect for the job.
But the10313 person doing the hiring was worried that I would not be able to give enough energy to10317 the job. Give him my weight.10319 This was a sales10320 job that was similar to the job I was10323 in with another company, a10325 job in which I won numerous awards as10327 a top performer. These incidences are just the tip of10331 the iceberg and lean on long existing tropes about higher way people that are hurtful, harmful and10338 not based in10340 reality. I urge the committee to support S 112710344 at age 1822 body discrimination intersects with every10349 other protected class and as we have learned from black scholars is rooted in racism. Wait bias and discrimination contribute to health disparities and10359 therefore we must10360 recognize that we are10361 dealing not with not only as a critical social justice issue but10366 also a public health issue.10368 It is time we end10369 the ability to limit a person's10371 civil rights based10372 on their body size. Thank you for10374 your time today.
Okay, thank you Mahoney for your testimony. Welcome second member your panel Rachel plumber.10382
[RACHEL PLUMMER] [SB1127] [HB1822] Yes, thank you10386 so much and thank you for10388 your testimony as well. Good afternoon Chairperson10391 Eldridge in day and members of the committee.10393 Thank you for this opportunity to speak10395 with you today in support of Senate Bill 112710398 and House bill 1822. My10400 name is Rachel plumber and I'm a master of public health nutrition student at the Harvard chan school of public health and a resident of Cambridge massachusetts, I'm here to convey the research evidence base supporting these10411 bills to ban body size discrimination and urge10414 you to support this.10415 Vital legislation, discrimination refers to the mistreatment and systemic oppression on10421 the basis of weight. It is a pervasive social injustice.10424 We see it in the workplace, the doctor's office10427 schools and everyday life. This type of discrimination is10431 common. Up to 42% of people with high weights have been the target10435 of cruel weight10436 discrimination. This is10438 a painful reality for so many people10440 and has very10441 real health effects. Weight discrimination has been linked10444 to depression, anxiety, eating disorder symptoms and many health conditions like10449 heart disease and high blood pressure in the workplace.
We see discriminatory hiring practices, unfair terminations, missed promotions and lower wages for individuals with high weights. Studies have shown that job applicants with higher weights are10464 rated as less suitable for employment compared to lower weight applicants with similar resumes. People with higher weights are also paid less compared with lower weight peers for the exact same work. And this pattern is worse for women, Just a £610479 increase in weight for the average woman in the us means almost a 2% lower hourly wage to put10485 this into dollars and cents. If a woman10487 of average height and weight makes a $50,000 salary, she loses out on about $3,110 per year for every £20 gained. That's10497 a loss of $139,950 over a 45 year career for just10503 a10503 £20 weight gain. Almost $140,000. That's about 6-7 years worth of rent in your districts. Chair eldridge in day Wait discrimination is an epidemic causing huge inequities in10516 employment and income. People are10518 getting paid less and wrongfully terminated just because of their weight and they10522 are legally powerless in these situations in massachusetts, this is10526 impacting individuals and families10528 right here in the commonwealth.
Should someone's weight decide how much they can afford in10532 rent or the type10533 of job they can get or how many birthday prisons they can buy10536 their kids. We must take action today and make massachusetts a10540 state10540 where it's illegal to discriminate based on weight. So not one more massachusetts10544 resident has to endure the awful unjust10547 experience of weight discrimination. We must10550 eradicate this10551 public health problem. Starting with legislation to ban weight discrimination. I am in10556 strong support of10557 Senate Bill 1127 and House10559 Bill 1822 for these reasons. And I urge the committee to please vote in favour of these bills, thank you so10565 much for your time and10566 leadership on this important issue.
Thank you for your testimony. Any questions for the10573 panel of service turner and Rachel plumber from members10576 of the committee.
Mhm. Alright seeing none. Thank you again both10582 for your10583 testimony appreciate10584 it. Uh next would welcome Melinda Watchman also testifying on H.
1127.
[MELINDA WATMAN:] [SB1127] [HB1822] Yes thank you on behalf of more than 75,00010599 members of the obesity action coalition or the osc. I'm pleased to offer our10604 support for passage of massachusetts Senate10606 bill 11 27 and House bill 18 22 supported by and sponsored by rec around senator boncore and10614 representative tram win. Um Before I get into my the rest of my testimony10620 I'd like to just share a personal story.10622 I have10623 obesity. I've had obesity since I was 2.5. And10626 just to give you an idea10627 of how pervasive and how early weight10631 discrimination and bullying and bias starts10634 when I first went to grammar school so I was five years old. My maiden name was Katzman. It took about 3210644 seconds for the mean kids to label label Me Melinda Fattman and10650 I lived with that no more. No marker for my entire grammar school career if you will.
There was never a10658 teacher and administrator a10660 principle whoever said don't do that. It's10663 not ok to the kids who were doing it. I was the last one picture sports. I was the last one pick for10670 anything that involved teams and so it began at a10674 very young age and10675 that's what happens is pervasive so on behalf of the of the O. A. C. Um we highly support making10683 it unlawful to discriminate based on height and10686 weight in compensation in terms conditions or privileges of employment housing or public accommodations in the state of massachusetts. We urge that the Joint Committee on the Judiciary10697 and Chairs10698 Day in Eldridge take swift action10700 and support committee passage of this critical legislation to ensure social prosperity for many people who suffer from weight discrimination10708 in10709 employment in massachusetts.
10712 Unfortunately,10712 weight10713 stigma continues to play a role in everyday life and the OsC defines10717 weight bias as a negative attitude,10719 belief, judgment, stereotyped and discriminatory act aimed at individual solely because of their weight.10726 It can be overt or subtle occur10729 in any setting including employment healthcare education, mass media and relationships10734 with family and friends. And10736 it also takes many forms, verbal written media online and more weight biases,10741 dehumanizing, damaging. It can cause adverse physical and psychological health outcomes and promotes10748 a social norm that marginalizes people for these reasons. The OsC urges the members of the Joint Committee on10755 the Judiciary to10756 support Committee passage of SB 11 27 and H. B. 18 22 so that10762 employers and service10763 providers will no10764 longer be able to10765 discriminate against the hundreds of thousands of individuals affected by10769 obesity in massachusetts, thank you very10771 much for allowing me to testify.
Thank you Mr Chairman10776 for your testimony and sharing your story. You have any questions from members of the committee.
Alright seeing10784 none. Thank you again10785 for your advocacy10786 and sharing your story with the committee. We appreciate it. Let's go. Well, We'll move on10792 now to H4156 Representative David Muradian and Act relative to abortion. Call Susan Lovejoy.
Susan Lovejoy. We're doing rather
go right ahead. Welcome.
I think you're on mute.
[SUSAN LOVEJOY:] [HB4156] Thank you. And good afternoon to Chairman Day and Eldridge and the members10831 of the10833 committee. My name is Susan Lovejoy and I'm10835 a retired senior. I was born and raised in massachusetts.10839 I'm imploring you10840 to recommend bill 4156 as a former10843 L. P. N. And a10844 mother and a grandmother. I'm dismayed that we even need to have this discussion. There really is nothing to debate on10850 this bill. If a10851 human baby survives an abortion, that child10853 must be given the same protection and10856 medical interventions as any other child who was born in the10859 state. What could possibly be an argument against the bill? The child is born and is therefore a10864 separate human being and no longer considered a threat to the mother or her health. If mothers are afraid of possible responsibility, then build it into the language of the bill that any child who survives an abortion instantly becomes a ward of the state and is available for adoption10879 when medically cleared The adoption fees alone would help offset10883 any medical expenses incurred to save their lives.
I10887 read somewhere online that10888 it's estimated there are 1-2 million10890 couples in this country waiting to10892 adopt. So we know there's a market out10894 there for10895 these Children. What alternative do we have to this film Here? A couple of horrific10900 choices that were made in the United States? In Florida, a 23 week baby was accidentally delivered alive in a clinic and then placed in a10909 plastic bag and thrown in the trash where she subsequently died. In10914 Pennsylvania Dr. Kermit Gosnell was arrested and charged with murdering seven babies who had survived10920 the abortions by severing their spinal cords with scissors. So how do our massachusetts, abortion10926 providers handle the babies who survive? Do they leave them to die a slow unattended death or do they actively participate in the child's demise? It's my contention that the only difference between a 20 week premium Minicucci award10940 and a baby who survives10942 an attempted abortion is10943 that the premiums parents want him or her. We need this amendment to pass so that any babies born alive after an attempted abortion will be10953 guaranteed medical treatments10954 and protection under10955 the law. This is10956 their birthright. Its citizens10957 when they are born in the10959 state. Thank you for your time and consideration and protecting all babies born in massachusetts, whether by10966 an intent10967 or accident and I want to thank you for giving me this opportunity to present this testimony.
Yeah, thank10974 you for your testimony. Mr Lovejoy any10976 questions from members of the committee.
Alright. Seeing none. Thank10984 you again. We'll move on now to H1534
from representative to coast. An act to establish10991 criteria to10992 assess the maturity of10993 a minor seeking an10994 abortion.10994 And we've got a panel from the massachusetts citizens for light.10998 Patricia Stuart david franks franks.
Thank you.
Just really
the question.
[PATRICIA STEWART:]11017 [HB1534] I'm the director of Massachusetts citizens for life and I will speak briefly in support of three bills today. The first is house 1534.11027 An act to establish criteria to assess the maturity of a minor seeking11032 an abortion. In Massachusetts, a pregnant adolescents under the age11036 of 16 who was not married,11038 divorced or widowed and wants an abortion must11041 obtain the consent of at least one parent or Guardian or apply to a superior court11046 to obtain the consent of a judge. In the latter case, the judge must11050 determine if the pregnant adolescent is mature and capable of giving informed consent11055 to the abortion. However, the current law is deficient in a serious11060 respect. It provides no guidance on how the judge is to assess the adolescence11066 maturity. Instead, the judge is left to his or her own devices to make maturity determination a decision11072 with life altering consequences for the adolescent based on a courtroom interview that according to the Children's law center of massachusetts11081 is stressful and quote designed to be confidential and take as little time as possible the lack of standards guiding a determination of the miners maturity fosters inconsistent outcomes rather than the consistency on which the law relies.
House 15 34 proposes criteria to assess the11099 miners maturity based on a test for measuring adolescent maturation developed by health care professionals of the National Association of therapeutic schools11108 and programs. This test identifies three subordinate measures of maturity, empathy, plan fullness and moral reasoning.11115 Each11116 of the criterion in house 1534 falls into one11120 of these three categories to increase11123 transparency in the judicial by press process. The bill also mandates11129 expanded recordkeeping, which11131 are for records that are strictly administrative and11134 allow for public11135 review of the judicial bypass procedure. I will submit11138 more detailed a written statement requesting a favorable report on house 1534. The next bill is11146 176, House 1760 and now an act relative to the11150 protection where Children born alive in a particularly dangerous revision.
Section 12 Hour11156 of the row act, which11157 is chapter 2 63 of the acts of 2060 lower the age for a minor to obtain an abortion without11163 parental consent11164 from 18 to 16 the row act excludes11168 any protective measures11169 for these pregnant teenagers making11171 need for parental involvement. All the more necessary. By comparison with numerous safeguards imposed on the process for11178 minors 16 and11179 17 simply obtain a work permit highlights rose deficiencies and11184 irrationality and authorizing teens to11186 undergo an abortion without parental consent. Again, I will elaborate on this on this in written statement to be provided. And11195 lastly, I'll provide a written statement in support11197 of house 39 61 and regulating the use of abortion11201 inducing drugs.11202 And thank the committee for the opportunity to comment.
Uh, thank11206 you testimony will keep an eye out for that written submission. Let us11210 maybe any difficulty submitting that. Uh, next would11213 be David franks. Uh,
do you see me? Uh, go right ahead.
[J DAVID FRANKS:]11225 [HB1534]11225 [HB1760] [HB1628] [HB3961] Okay, chair11226 Day Thank you very much. Ladies11227 and gentlemen of the11228 committee.11228 My name is David franks Chairman11229 of the11230 Board of Mass Citizens11231 for Life. I speak in support of H11234 1534 an act to11235 establish criteria to assess the maturity of a minor seeking an abortion.11239 We usually recognize society's responsibility to look after Children given basic facts of developmental psychology. Children are not little adults, they require special care. We reject libertarian arguments claiming Children can consent to other kinds of surgery11253 or pedophilia. Recently, this committee didn't quite manage to11256 advance a bill manning child marriages, those involving a person under 18.11259 Yet I think we11260 understand why such legislation is a11262 good idea, but when11263 it comes to11264 abortion, what we usually know often seems11266 to go out the window. This bill drafted by Mass Citizens pursues consistency11270 when it comes to societies care11271 for teen girls who11272 are being presented11273 for11274 a judicial bypass of parental consent.
Pro choicers and pro11275 lifers alike recognize11276 that the state has an interest11277 in11277 protecting the welfare of Children. The11279 majority of opinion. Majority opinion of Roe V wade notes11282 the right of personal privacy includes the abortion decision, but this right is11285 not unqualified and11286 must be considered against important state interests and11288 regulation. Even the Lochner11290 era Supreme Court recognized the state interest in regulating11293 child labor. We too can work together right now to fulfill our responsibility to Children, especially given the horror of sex trafficking. Our society from church suburb is so predatory, let us11304 work together and empower judges to fulfill11306 their tasks based on expert guidance so that the true welfare of these Children too11310 often caught up and profoundly11311 abusive dynamics might11312 be safeguarded. I would also like11314 to say a few words of support of11315 a few other moderate bills bearing on abortion H 1711318 60 act relative11319 to the protection of Children born alive, would slightly moderate that most moderate pro choice legislation snuck through the budget11324 process last year, restoring the protection of the laws to minors11327 older than 16 is an urgent matter.11329
The elimination of the11330 parental consent requirement for11331 these young mothers with incompetent and elimination of a judicial bypass means that the many girls Including sex trafficked and otherwise abused girls who are trapped11339 in desperate situations have one last chance11341 to escape. This bill also explicitly requires the11344 baby's surviving abortion attempt be given life preserving treatment using the life11348 saving equipment. Current law already requires all abortions after 24 weeks. Gestation involved induction and delivery as the11355 point11355 of an abortion is to wind up without a living baby fetal demise before delivery is desired.11359 But these attempts don't11360 always succeed. So what are our responsibilities as a11363 society to a child who has11364 made11364 it out of the wound? Though unwanted?11366 Should we countenance return11367 to the previous modern11368 practice11368 of an infant exposure? The last major provisions of11371 the bill is to restore the11372 requirement that positions11373 alone conduct11374 abortions wasn't11375 abortion supposedly something between a woman and her doctor, but that was11378 the rhetoric. Under roe11379 and Casey abortion access is all a whole woman's health versus Heller11383 said, has since become the great shibboleth of the abortion industry.
But should11386 rose countenancing of11387 state regulations in the11388 interests of a mother safety be so easily11390 dispensed. The safety of11392 abortion minded mothers is also why I support H33961 and act regulating11396 the use of abortion inducing drugs. And finally, at age 1628, an act relative to11401 unborn Children would require the use of anesthesia11403 on fetuses of at least 20 weeks. Gestation11405 who are being aborted pain medication for unborn patients is routinely administered standard medical practice11410 as a society.11411 We recognize that animals11412 should be treated humanely, even those we will kill and consume what are the smallest and weakest members11416 of the human species, even if the baby's.11418 I wanted to we go to the wild spasms of pain they would undergo before11421 passing out of this world. Thank you for this opportunity to speak.
Thank you. Uh next to be11428 Mark Rollo. Remember Moore
[MARK ROLLO:] [HB1534] [HB1760]11434 [HB1628] [HB3961] Yes, thank you. My name is mark Ruffalo and and my family physician from Fitchburg,11439 I have treated all ages for more than 35 years and I'm here11444 to speak in favour of House Bill 1760 act relative to the protection of Children born alive. House Bill 1534 an act to establish criteria11456 to assess the maturity11457 of a minor seeking11459 an abortion And11462 finally, house bill 3961 an act regulating the use of abortion inducing drugs, attorney11468 Stuart and dr franks have spoken Well in regard to the 1st 2. I11473 will focus my comments on the last one. Medical abortion constitutes nearly11480 50% of all abortions. A large study published in the journal of American College of obstetricians and gynecologists in 2009 showed a fourfold11491 higher incidence of adverse events after a medical abortion as opposed to a surgical abortion. This is a huge study from Finland involving more than 40,000 women.11503 Another study published in the journal issues in law in medicine11508 earlier this year revealed significant morbidity and mortality After medical11514 abortion, including11516 at least 24 deaths In the United States.
From September 2000 to December 2018,11520 despite the obvious dangers associated with medical abortion,11524 the FDA has relaxed the risk evaluation and mitigation strategies requirements as his REMS. It is11532 a system of enhanced monitoring reserved for drugs that are especially dangerous. Such safety measures as in in person evaluation, ultrasound testing for accurate dating11543 the pregnancy and ruling out a11545 topic pregnancy. Rh testing in the administration of Rho Gam have indicated as well as appropriate.11551 Follow up appointments are no longer being required in short standard of care procedures are not being met regarding medical abortion. This puts11561 women at risk11562 at severe11563 risk for complications including hemorrhage, ruptured ectopic pregnancy and death as well as putting11569 future pregnancies at11571 risk due11572 to our H11573 factor sensitization. So egregious is the lack of rem's protection that had11580 prompted a congressional letter to the head of the FDA to protest the lack of safeguards. Women also11588 have the right to11589 know that abortion pill reversal11591 is a safe and effective protocol.11594 I am experienced in providing successful abortion pill reversal treatment. Women should be given this information by abortion providers. This is current law in several states.11609 So for11611 the sake of women's health, I11613 urge11614 that house Bill 3961 be reported out favorably. Thank you very much.
11620 Thank11622 you for11623 your testimony. Any questions from11625 members of11626 the committee for this panel?
Yeah.
Okay, seeing11633 none. Thank you11634 all again for your testimony. We move on now to Antonio Robert Marley also in support of H 1534 Antonio robert Marley.
[ANTONIO ROBERT MOLLE] [HB4151] [SB1122] Hello, I'm on the call but I'm actually going to testify later on S. 112211653 or if you'd like I11655 can testify on that legislation now. What would the11658 committee like? Well, you've got the11661 mix, so why don't you go right ahead11662 now? Okay, thank you very much.11664 I'm testifying in support of house Bill S1122 this and how Senate Bill 1122 an House Bill 4151. These bills protect my bodily autonomy in ensuring free from the11679 threat or coercion to undergo any type of11681 medical11681 treatment including psychological examinations, testing or any for example, procedure device or vaccination. I was state in the country are going through turbulent times is becoming increasingly clear that pressure is being put on employees to undergo medical protocols such as vaccination.11696 Whether or not11697 they want to in order to maintain their jobs. Such coercion by employers on employees is unprecedented and completely refused to11703 constitutional. First11704 Amendment right to freedom11705 of speech. Up until now, I've had the freedom to make my own personal11708 and private health decisions11709 which are protected under HIPPA.
We've no interference from11712 an employer b at11713 the state or a private business. The the attempt by businesses now forced people11717 to reveal their medical status and accept11719 protocols which opposed the sincerest belief is overreaching extreme. These bills address this inequitable treatment by protecting employees from any form of discrimination11727 of retaliatory action because of private health choices. Further,11730 Senate Bill Senate Bill 11211734 to apply his teeth to the law in the form of affirmative11737 relief that includes reinstatement of employment, remuneration of back pay of 10% interest and the ability for further11744 Lee address to ensure compliance with bill S 11 So Senate Bill11749 S 112 to11751 protections including prosecution of an agency11753 or business to11754 the forces in the law.11755 If it continues to apply discriminatory treatment massachusetts citizens have11759 always had the right to choose what11760 test protocols and11761 medicines biologics they want they received to keep them healthy, including11765 mammograms, colonoscopies, psychological evaluations, medications, vaccines,11769 college students, medical workers and the11771 military. Being cautious take the covid 19 vaccines olu standing11774 in their respective fields, the iron fist. The medical autocracy is unprecedented and must stop. It is the antithesis of being american.
These11781 draconian mandates have affected my ability to enjoy the full rights I'm entitled11784 to as an american citizen. Multiple states, including some of our neighbours such as new Hampshire have already passed these protections into their laws.11791 Once11792 again bills. H. H. House Bill 4151 and Senate Bill S112 to provide11801 critical protections from11802 such an action every occurring in this country against11804 American citizens by any11805 personal agency prevents me from being11807 threatened or confronted for simply access asserting my inalienable fundamental right to make decisions from my own body or the bodies of my dependents and it clarifies the role of government in upholding these health freedom protections for everyone. I11817 hold bodily autonomy and medical freedom dear, as do my family and friends. I urge you to pass Senate Bill 112 to and11825 House Bill11826 a H 4151 out of this committee was11831 a favorable report. This is about11833 our fundamental rights as11834 americans and11835 I would urge the committee to respect our rights. Um, thank you very much.
All right,11843 thank you any questions from members of the committee.
Okay, seeing none, We'll move on to11852 testimony regarding H 1760 filed by Representative Mark, Lombardo and Act relative to11859 the11859 protection for Children born alive. And first up is Debbie Duggan. Uh, Republican State Committeewoman
Debbie Duggan.
Okay, we'll11877 move on to Dana Boardman,
Dana Boardman,
Thank All right. All right, we'll11892 move on to Kathleen lynch from renew massachusetts coalition. Kathleen lynch.
[KATHLEEN LYNCH] [HB1760] Hi on behalf of the new massachusetts coalition, I am here to support hB 17 60 act relative to the protection for Children11910 born alive filed by state Representative Mark Lombardo HB11915 1760 is11917 essential legislation because it will save the lives of babies and will11921 protect girls. Women and11923 families, Babies are precious human beings who deserve the11927 right to life. HB 1760 will ensure that once a baby is born, the physician performing the abortion will take all11936 reasonable steps to preserve the life and health of the child. If11940 born alive. This would require the doctor to use any life11944 supporting equipment in keeping with good medical practice. In the room where the abortion is performed. Two examples of women11952 who have survived abortion attempts are Dinitia work Kaiser and Melissa Oden Dinitia work, Kaiser survived a dilation and curettage abortion attempt and is happy to be alive today.11964
Melissa Odin survived a toxic11968 saline infusion abortion. In powerful testimony at a11972 house judiciary hearing Melissa shared facts about11975 how babies who are born from botched abortions11978 are then killed and left to die.11981 That's nothing short11982 of horrific. Both of these beautiful brave abortion11986 survivors now speak out about the dreadful abortion industry, humanizing the unborn and promoting hope and healing for abortion11995 survivors Because of the11996 physical and psychological dangers11998 inherent in11999 abortion parents guardians or at12001 the very least, a judge in the12003 courts should be notified of these life changing procedures when done on a minor of age 16 or 17, the impact on a child's life is far too grave and life altering to12014 experience on their own.12016 Imagine that the child was physically hurt or killed by the abortion procedure. Imagine that the child was depressed, feeling12023 guilt or remorse and the parent did not know why or have the chance to help their child12028 before she went through the procedure12030 or to know how to help after the procedure as a mother.12034 I find it12035 heartbreaking to know that enshrined into massachusetts law.
A mother12038 may not know12039 about her child's abortion. HB 1760 would help by changing the age of consent from 16 to 18 For the safety of12048 the mother undergoing an abortion in the second trimester when abortions are particularly dangerous.12053 HB 1760 would ensure that only qualified doctors would be12058 able to perform the abortion.12059 Less qualified physician12061 assistants and nurse practitioners and midwives would be unable to perform the abortion for12067 those examples and12068 all the above reasons we support H. B 17 60 act relative to12073 the protection for Children born alive because it will save the lives of babies and will protect girls, women12078 and families. We ask you to report12080 it out favorably, but all right, thank you.12085 Mr lynch any questions from members of the committee?12088
Okay, seeing none. Thank12094 you. We'll12095 move on now to testimony relating to H.
by Representative Sullivan12103 and s 10 19 from Senator Giulio enact strengthening sexual harassment and discrimination12109 policies in the commonwealth. Welcome, Deborah Falls Roy from the12114 national workplace bullying coalition.
Deborah Falls Roy
Thank
Mhm. 2nd call for Deborah Falls Roy
12133 Okay,12133 we'll move on to jodi johnson from O. G. L. Am fitness jodi johnson
Hi, I'm here. Welcome go12146 right in.
[JODIE JOHNSON:]12149 Hi, good morning, good afternoon Committee and mr chair.12154 Um sorry about the poor quality of12156 lighting um what I'm like to testify to is12160 the actual dangers of the nondisclosure laws that pertain to workplace bullying12167 and harassment. Um, an individual can only heal if they are allowed to use their voice and speak their truth when truth is spoken. It is neither slander nor liable specifically. I'd like to address this concerning social media12183 as someone12184 who was12185 victimized at my workplace as well as on social media12190 by co workers. I12193 believe it's our right to speak up via social media and otherwise in order to warn others and those12199 in my12202 community12202 against these people, it compounds the emotional injuries that they've created when we are silenced with threats of legal action just for speaking up. If you go into the community standards section on facebook, it blatantly12219 states that calling12220 out bullies on social media, including those using social media to bully it is not considered bullying and thereby is not in violation of their community standards. Moreover, if an individual take screenshots or text or post on12236 social media or other eyes, which is12239 direct proof of the harassment or bullying and they choose to12243 share this in an effort to protect others in further he'll, by reclaiming12247 their voice12248 and personal power. No law should prevent their doing so. We are talking about being on the side of morality, right versus wrong. See something, say something furthermore. Laws12262 prohibiting the use12263 of non disclosure would serve as a deterrent to would be bullies and toxic workplace employees and employers who overtly engage12272 in these wrongful actions12274 in summation. It is part of12278 the healing process to12280 be able to speak up12281 and speak out against those who have inflicted12284 emotional injuries on others without the fear of legal or civil Reprisal. Thank you for letting me speak. I know this. I had12294 signed up for multiple wants to speak under so I'll just speak on the nondisclosure as part of my12300 testimony. Thank you.
Thank you for your12303 testimony. And again, I would encourage folks to submit their written testimony if you get further12307 thoughts on their bill that they are advocating for or related bills or other bills before the committee. Any questions12314 from members of the committee for Judge johnson
seeing none.12320 Thank you12321 for your testimony. Appreciate it. Move on to alexandria Horn,
alexandria Horn.
Okay, Okay. Next12338 up. Would be Mitchell Garabedian,
thank you.12343 Can you hear me? We've got to12346 go right ahead. Thank you.
12348 [MITCHELL GARABEDIAN:] [SB1019] [SB1020] [SB1021] Thank you.12350 Chairman Day and Chairman Eldridge and committee members for letting me speak today. I'm Attorney Mitchell Garabedian. I've been representing12358 victims of sexual abuse for more than 25 years around the world and I'm speaking in support12365 of builds Senate bills 10 1910, 20 and 10,12369 21 more specifically with regard to confidentiality agreements as jodi johnson just mentioned confidentiality agreements,12381 re victimize12382 the victim. I get calls12385 from12385 Victims I hadn't represented who have settled12387 their case may be 10 or 20 years ago and they'll say I still feel re victimized because I signed a12395 confidentiality agreement. I can't12396 tell my12397 family about the sexual abuse. I feel12400 like the the perpetrator is still controlling me and I feel like I being controlled by the institution which they are the confidentiality agreement12411 re victimize the victim because12412 for the rest of that victims life, they are controlled12416 by the perpetrator. They are12419 controlled by the institution because the those the confidentiality agreement prevents the victim from even telling their siblings12428 that they were12429 sexually abused and12430 people often say to me, well, you know, how is it that although ask me how is it that a perpetrator can sexual abuse hundreds of Children for instance with12440 father john J. Gilligan, I've had 155 claims successfully confidentiality12446 agreements were at the heart of those, I was, I've represented victims against Boy scouts.
The institutions such12451 as Boy scouts, the catholic church private schools, you name the12456 private schools and confidentiality agreements helped12460 perpetrate the sexual abuse because the name of the12465 perpetrator is not12466 named named publicly and the public is not aware that12470 they have to watch their Children when12472 that that child is near that perpetrator and for decades sexual abuse was hidden by institutions And in 200012481 and12482 2000 in12483 the late 90s when I was litigating the boston cases in boston against Gegen Father Gegen my clients all12490 86 of them12491 refused to sign confidentiality agreements even though they were12495 offered $10 million12496 in settlement and they refused to sign confidentiality agreements because12500 they didn't want to be re victimized. They didn't want other Children to be re victims of sexual abuse and they wanted the world to know the truth so they could try12510 to heal other12511 victims, try to heal and12513 the world will be safer12514 for Children. I could go on forever. I thank you for your time.
Thank you. Council12523 for your testimony.12524 Any questions from members of the committee Lipper-Garabedian12528
12532 Alright12532 seeing none. Thank you12533 again. Uh We move on now to consideration of12537 h 18 87 and s 10 2012540 an act concerning12541 nondisclosure agreements12542 relative to sexual12543 harassment and discrimination12544 and hear from Cindy gross.
Mhm.
12552 [CINDY12552 GROSS:] [HB1885]12554 [HB1886] [HB1887] Thank um Thank you chair and committee members. My12558 name is Cindy gross and I am testifying in support of ending the requirement for victims to sign12565 nondisclosure agreements. So that's House bill 1885 1886 and12569 1887. Uh Nondisclosure agreements12571 and non disparagement agreements are bad for business society and individuals collectively corporate America loses many highly12578 skilled and valuable employees including me every day due to unchecked harassers and bullies that's very costly to12586 businesses and much12587 of that cost could be12588 reduced with changes to how we deal with bullying and12591 harassment and that change will12593 only come when we can talk honestly about our experiences without the restrictions of India's. I spent12601 25 years12602 as a tech worker And so I find the12605 Cape or tech labor study very interesting.12607 The average cost to replace an American tech worker is at least $120,000. And I did verify this with the HR Department12616 and my former12617 tech company.
They said that's probably on the low end,12620 but that's that is in the ballpark of how they estimate the cost of replacing an employee. So according12627 to that same study, There's an estimated $16 billion American tech industry, Not including12637 other industries,12638 just the tech industry, $16 billion dollars for employees who12642 leave after being treated12644 unfairly. And that's in the estimation of the employee. So12646 that includes12647 bullying and harassment. The number is going to vary by industry, but when12650 you add it up it's a huge cost. So when we have India's were increasing this cost of business and we're losing so much innovation, so much creativity from people like me who12660 leave the industry. I've talked to so many12663 women who tell me they12664 left their company12665 after facing a harasser or bully. We're all bewildered,12669 lost lonely and12671 traumatized whether we12672 reported the bully or not. Some people sign nondisparagement or non disclosure agreements, luckily I did not, I can still talk about what happened to me with the people I love.
But a standard non disclosure12685 agreement says12686 I can't talk about12687 it with anyone other than someone I'm married12689 to getting therapy12690 from or getting medical treatment from and maybe a12693 lawyer. But I tried talking to lawyers and that didn't do me12696 a lot of good. I turned down two offers from my former employer Because I worked12701 25 years in12702 the12702 tech industry. I have the privilege of being able to turn that down. But not everybody has that privilege. They have to take the average of 1-2 months salary that12710 they're offered and in return for the entire12712 rest of their12713 life, they can't talk about what happened. And again, this12716 is bad for12717 business. The entire tech industry lost my experience, my unique combination12721 of skills. That's a huge cost to the12724 industry when you add it12725 up. So I12727 urge you to end the12728 requirement for victims to sign nondisclosure agreements. Thank you for your time and12732 consideration.
Thank you for your testimony, sharing your personal story12738 with the committee as well. Any questions from members of the committee,
uh, uh, seeing none. Thank12746 you again for your time and your testimony.12748 We'll move on now12750 to consideration of H 18 86 and12754 S 10 21 an act concerning nondisclosure agreements and welcome12758 laura scott to come forward,
Laurie scott.
Yeah. Okay. Move on12772 to Justine mellow12774
Justine mellow,
12783 wow.12783
Okay, we'll12786 move on now to consideration of H 17 06. An act to prohibit age12792 discrimination within the public schools of the commonwealth and welcome Katarina Albert, Katharina12799 Albert. Good afternoon.
12804 [KATHARINE ELBERT:] [HB1706] Good afternoon. Found chair Eldridge co chairs and members12807 of the judiciary committee. My name is Katarina Albert and I'm speaking in favour of bill age 1706 massachusetts needs this law because for a long time now or schools have not acknowledged that the industrial model of educating Children in12823 strictly H based raids is12825 not addressing how kids actually learn. Kids don't all12829 have the same learning needs just because they're of the same age.12832 Research12833 data collected from 33 states show that the instructional levels needed in the average fifth grade12840 classroom spanned more than seven grade levels.12843 That's clearly not12845 a good way of teaching if there are being12847 taught fifth grade curriculum, but12849 really are in need12850 of 57, seven different grade levels.
The same study shows that 10-30% of students already know all the12860 great level material at the beginning of the school12863 year. These kids12864 need access to beyond grade level material in order to experience growth12869 but are routinely denied that access in12871 their schools on account of their age, which is used to keep12875 them in a great12876 level, whether it fits or not.12879 Eight needs to be included as a protected class into the existing statute. That states that schools can exclude Children12885 from obtaining the advantages privileges and courses of study12889 on account of race, color, sex, gender, identity, religion, national origin or sexual orientation age needs to be included because massachusetts is especially deficient when12901 it comes to giving students who are learning12903 or capable of learning beyond grade level access to that level of curriculum that they need to experience learning growth.
Massachusetts actually ranks at the bottom12913 of the country in12914 respecting its advanced learners here. These 10 to 30%12918 of students12919 who already know the great level material at the beginning of12923 the school year are routinely denied12925 instruction in the material of the next grade, what they need to learn next on the basis of12931 their age of12932 being too young while older students with the same or lower learning readiness are given that access. These kids exist in every12940 community all across the state. This is12943 not an elitist concept12944 but one of equity and social justice. Holding students back in their learning because of their age is age discrimination and needs12952 to be illegal. Please support12954 H 1706 and include age as a protected class12958 in regards12959 to allowing access to courses12961 of study in our schools. Thank you.12964
Uh, thank you for your testimony. Any questions from members of the committee. SHOW NON-ESSENTIAL DIALOGUE
Alright, seeing none. Thank you again. We'll move on to Shereen Raisbeck also in support of H 1706 Shereen Raisbeck. SHOW NON-ESSENTIAL DIALOGUE
Okay, we'll move Karen12992 Blumstein, Karen12994 Bernstein. Hello,
welcome,
[KAREN13001 BLUMSTEIN (MAGE:)] [HB1706] Good morning13004 Chair Senators Eldridge and Representative Day Co chair Senator Lesser and Representative Tyler and members of the judiciary committee.13011 My name is Karen Blumstein and I live in13014 Acton. Senator Eldridge,13015 it's nice to see13016 you again. My mother in13017 law kelly Blumstein says, hi um, I'm the co president of the13023 massachusetts Association for Gifted Education. I'm13025 also the official parent liaison,13028 so I'm the13029 parent, the person that parents call when they're in13032 crisis13032 because the schools don't consider their Children old enough to know what they13037 know. Man13038 gets hundreds of inquiries from parents each year and that's13041 only from the parents13042 who find us13043 and know how to ask13044 for help to ensure13045 their child will actually be able to learn in school.
Sadly there are many more parents that don't realize there could be better outcomes13054 for their struggling Children if schools respected a child's abilities instead13059 of restricting their growth13060 due to their age. The current law doesn't allow schools to discriminate based on gender race, ethnicity, religion, et cetera. Schools don't hold13071 students back based on those classes of protection, but they do hold them back because13076 they deem them, not the13078 right age to work at their appropriate intellectual level made13082 is the only organization in massachusetts devoted to advocating for these kids. No state laws13089 protect them. Department of Education tells us time and time again13092 that they are restricted by the legislature and bureaucracy and moving13096 this13097 work forward.
In the meantime, teachers13099 are not getting trained in to understand these kids and13104 districts and schools believe that13106 age discrimination in13107 schools is actually best practices13110 the most effective13111 means of ensuring these kids needs are met through legislation to protect their right13116 to learn and grow at their13118 own pace. These Children13120 need you to lead desi the districts and the schools every day. They suffer frustration as their learning13127 needs are minimised or ignored in an inappropriate classes.13131 Please give them13132 hope by doing the right thing. Please recommend H 1706 favorably. So these Children do13139 not have to suffer anymore. Thank you.
I am.13143 Thank you. Thank you for your testimony. Uh I'm good. I'm good. Sorry. I've been on like I've been listening all it's stressful anyway, but I'm not sure what you are saying that if we do L. A.
13166 Super13166 can fix this.
All right. I think we're in good shape now. Any questions from first of all, Thank you for your testimony.13174 Any questions from members of the committee.
13180 Alright,13180 seeing none. Thank you. We'll move on now to13182 further13183 testimony and13184 support from Jan Morris from a new report. Mass13188 Jan Morris,
Jan Morris. Uh Next we'll hear from uh bully
that lever.
I am a bully.
So uh brand unless or a bone
randi Marlys or a13225 bone.
All right, uh can do the test. Murray Michelle by Marcel.
[MAGE] That's me. Okay.13241 Michelle. Welcome, go right ahead. High13243 um Good morning chairs, Senator Eldridge and Representative Day Co13249 chair Senator Lesser and Representative Tyler and13251 members of the judiciary community.13252 My13253 name is Michelle bar13254 muscle and I live13255 in Newton and I'm the other co president of the Massachusetts Association of Gifted Education or made, I'm a former13261 management consultant who moved into education when the needs of my highly advanced child were met. What I discovered was that there were a13269 lot13269 of other families going through similar issues, but13271 that people just don't talk about how much don't talk about this much about it because I mean, how do13277 you13277 complain that your kids to gifted13278 for the school system? But that's exactly what's happening13281 all across our state. So contrary to popular belief, Philips uh,13288 sorry, contrary to popular belief, the mismatch between a child and his or her educational environment can have serious lifelong repercussions13297 for both the child13298 and their family members.13299
You see when child are bored and frustrated in classrooms13303 where they're13304 being taught content. They already know it really wears them down. They disengage in school and they learned that school is for13311 other kids, not them. They13313 feel isolated and become depressed13315 or worse get angry. We see advanced Children13318 harmed psychologically and emotionally all the time. I mean think about it. How would you13323 feel you as adults if you were forced to sit at a desk13326 and do kindergarten work13327 day after day. You might start to13329 get frustrated,13330 resentful and lose respect for the people who are giving you that work. You may even act out13334 because they're obviously not respecting you or your intelligence holding kids down in a grade level13339 that is unable to keep up with them is a bad13341 recipe all around. As an advocate for families with gifted kids. I13345 field calls every week13346 from families going through this problem.13348 We also received calls from families relocating13350 here from other states asking where schools, which13353 schools to move to for their advance and13355 gifted Children.
We have to advise them13357 that there really isn't a school district massachusetts13359 that doesn't harm.13360 That doesn't do a good job taking13364 care of their needs on13365 account of their age. Other states do13368 a much better job at this than we do. They organize schools to allow younger kids to move13372 into grades that meet them where they13373 are in massachusetts13374 on the other13375 hand, was just ranked in13376 an important study by Purdue University in the bottom three of the country. In terms of responsiveness to advance learners. The bottom three, we need an anti discrimination law13386 in place to protect the13387 rights of Children to require that kids be respected for who they are and13390 where they are at. And it13392 will allow these students who are capable of excelling the freedom to create amazing things that may define the future of our state.13398 Please recommend eight, favorably. So these Children can become all13403 that they are meant to13404 be. Thank you. Yeah.13407 Thank you. Michel any questions from members of13412 the committee.
Alright, seeing13418 none. Thank you both for your testimony. We'll move on now. Also in support13423 jeremy browne.
Yeah, jeremy browne.
Okay, we'll13433 move on to jerry. Moran as
13438 [GERRY13438 MROZ:] Hi. Good afternoon. Good afternoon.13442 Welcome. A13443 couple of those people you called earlier are on the13445 call, randy miles or bone. Um, and night saw I think she tried to talk but you didn't hear her. Um anyway, I want13453 to say that schools13454 group students by age just as they have13456 done since Horace Mann in the 1840s. He first groups students then using age as a crude proxy for learning13463 readiness. We've come to13464 accept it as13465 part of the natural order for schools13467 to discriminate based13468 on age. We13470 have far better tools today to figure out what Children already know and13474 what they need to13475 know then how old they are. It sounds13478 like hyperbole to say that this old practice amongst13480 the age13481 discrimination, doesn't it? I mean, you hear about all the talk about other13485 discriminatory practices were trying to fight against today in previously in this hearing, but13491 nobody acknowledges that the13493 state through its schools13494 is discriminating against kids by the age every day. How many other common practices of the 1800s do13500 we import today slavery, oppression of13503 women, denial of opportunity because of so many13505 other immutable characteristics.
You13508 know, we teach our young Children that, that people should be13512 ashamed to discriminate against people for immutable characteristics. Race, gender, ethnicity, sex,13518 gender, identity, disability.13520 We decried13521 discrimination against cultural background elements such as hairstyle. We want the public to be free from discrimination of body size. We want people13528 to be treated not according13530 to such characteristics by the content of the character who they are as a person. We rely on our government to protect us against harmful discrimination and pretend to protect our young Children13543 from that. How ironic it is,13545 then that the first thing13546 our public schools impress on five year13549 olds is that the schools don't care what the Children13552 know are already to learn only how old they are. They put them in a box.13558 This old, this is what we're going to teach you. This is what we expect of you. It doesn't matter who you are or what13563 you're ready to do. These very institutions formed by our13567 own government discriminate against13569 them based on their age.
You know, chapter 76,13572 section five doesn't allow schools to discriminate on all these13576 other characteristics,13577 but they allow it to discriminate based on age. Once a child13581 enters The K to 12 education13584 system, they should be respected13586 for who they are not put13588 into a box by age and say, this is what you get, take her to leave it. Unfortunately, schools,13595 even harass Children because of their age and what they need because of who they are. Many end up having to13602 leave the public13603 schools having to go away from the place that's13606 supposed to be educating13607 them in order to find a safe haven where they can be, who13610 they are and learn what they need to learn to grow into the13613 adults that we want them to13614 be. You know,13616 there are so many other13617 things that the legislature has to take the lead on bullying special education.13624 Um13624 english as second13626 language. It's time that the legislature take the lead on age discrimination, public13631 schools because you know the schools will not change unless you leave them to13635 thank you.
Great, thank13638 you for your testimony. Any questions13640 from members of the committee?
Okay seeing none. Uh Next on the list is Preah Philips
Previous Philips
Yeah, for Mahoney Yeah. All right, we'll go back I believe.13664 Uh randy Marlys Orban.13667 Mhm.
13674 Or13674 jeremy13675 Browne.
Best call for randy Marlys or bone for jeremy Browne. Mhm.
13698 Okay,13698 we'll move on to testimony on13701 H 1819 in S 105113704 filed by representative Nguyen and Senator Heinz and act to reform the hate crime statutes. We've got first up a panel from the13714 asian american commission and support jasmine. Forbes and sam him
we have jasmine or sam here.
Okay, we'll come13735 back to13736 panel from the A. C. L.13739 U. Of massachusetts, Roxanne hall,13741 nina estrella luna and Michael13744 Ryan and I13746 see13746 uh Attorney Hall there.13748 So I go right ahead.
[RAHSAAN HALL13751 (ACLU):] [HB1819] [SB1051] Thank you. Good morning chairs, Day and Eldridge And the members13755 of this committee, the A. C. L. U. Of massachusetts13758 opposes H. 1819 and S13760 1051. Let there be no question that the13762 A. C. L.13763 U. Supports protecting13764 people from violent hateful acts. However, we do13767 not uh support that13768 through expanding our criminal law, increasing criminal13771 penalties or punishing people for the expression of thoughts or opinions. However ugly they may13776 be. The proposed law creates serious free speech13779 problems by expanding the scope13780 of a hate13781 crime to cover pure speech that doesn't threaten any physical harm. It also defines what constitutes harassment and threats to broadly by13789 requiring that the target not be in13791 fear of physical harm, but13793 only seriously alarmed13794 by the conduct. And finally it13796 expressly provides that mere13798 reckless disregard rather than specific intent is sufficient for conviction, eliminating that specific intent requirement is in13805 conflict with13806 the First Amendment. We know that heavier penalties may disproportionately impact defendants of color, giving prosecutors more authority to punish those13814 whose actions are despised13816 will likely13817 result in disproportionately more13818 people of color being prosecuted.
We're relying on a criminal legal system that many committee members will acknowledge has significant racial disparities at best. And13827 it's racist at worst. To address racism in our society yet with no empirical evidence that suggests expanding the scope of the law and increasing penalties. Acts as a deterrent or won't exacerbate racial disparities13839 here13840 we are considering enacting a law that has the potential to13843 do more harm than good. I'm reminded13845 of Angela Davis who said prisons13847 do not disappear social problems, they disappear human beings. This is what this proposed legislation is slated to do. Finally. Data and analysis must13856 come first. We can't manage what we don't measure police departments and prosecutors don't consistently maintain and disseminate statistical information including13865 whether prosecution of hate crimes laws has disproportionate impacts on historically persecuted groups they13871 should be required to. And we13873 shouldn't move forward with this legislation without thoroughly analysing the impact of the current laws and outcomes. It's also important to note13881 that the Legislature took action on13883 hate crimes earlier in the year by establishing permanent13886 task force on hate crimes.
We shouldn't advance major reforms before the task force even begins its work. Now, what we are open to13894 is improving data collection, developing meaningful restorative justice options to address the root causes of bias motivated crime and expanding the list13903 of classes13904 protected under the law to include sex and immigration13907 status. And we know and appreciate the fact that the authors13910 of these bills have continued to13912 work on refining their proposal in response to the feedback from13916 impacted communities. Nevertheless,13918 the A. C. L. U. And13919 several other organizations13920 have repeatedly shared with them that we cannot support a bill that expands criminal penalties still in the recent redraft and13928 in closing the A.13929 C. L. U. As13930 one of the13931 organizations that represented Maya and Deanna Cook, the two13934 girls from the Maldon13935 Charter School who were discriminated against because of their hair.13938 Also strongly support S. 10 49 and H. 19 oh seven.13942 The respective13943 crown Acts. If you will, thank you,
thank you for your testimony. If you can stick around for a13948 bit,13948 we'll hear from the rest of the members13949 of the panel.13950 Nina estrella luna.13952 Hello and can you hear me? We've got very good.
[NEENAH ESTRELLA-LUNA:] Thank you. I'm dr nina stray. Alona. I am13960 here today as a member of the13962 massachusetts Advisory Committee for the13963 U. S. Commission13964 for Civil Rights. We advise13966 the Commission on Civil rights issues of concern to13969 massachusetts for their consideration. But we're also independent of the commission and do not speak for them.13974 I do need to be clear that the committee as a whole has not taken a position on this particular legislation. I'm Here to13981 report on our 20 August 2021 report on the A.13985 P. I. Hate crimes uh issues in massachusetts. Uh this year we actually spent several months looking at13992 the13992 history of anti asian13993 harassment and violence in massachusetts13995 analyzing demographic and law enforcement data and also holding a Multilingual briefing14000 in May. And what we found is that for14002 many of our neighbors in14003 the asian american and14004 pacific islander community harassment and violence are inescapable parts of daily life. Uh and as paul Watanabe shared with us in may quote the number, the number one fear of asian14014 americans is not this14015 disease that can kill14016 them.
Speaking to Covid, it's the14018 person walking down the street14019 who could actually impose harm on them and their Children and family.14022 We also found that this is nothing new. Hate crimes and bias14026 motivated incidents against our asian neighbours has increased in number and visibility during the14030 pandemic and by the14031 way, I'm happy to take questions about that. But it did not start with Covid 1914035 the more than 140 year history of api residents of massachusetts is one of police of one of14042 violence, police14043 abuse and14044 neglect, legalized exclusion, labor exploitation and poverty as well as resistance and resilience in the face of general indifference for their safety and well14053 being by people in positions of authority. We asked14057 the advocates and the social service providers who testified that are made briefing what they think needs to be done to protect our Asian neighbors. It's worth mentioning that our panelists were14066 individuals who not only support people who have been victims of various14069 forms of violence and official neglect but themselves experienced race motivated violence and harassment.
None of the14077 panelists14077 and none of the members of the public14079 who testified called for more aggressive policing prosecutions or increases in sentencing to quote Alina, Yea, from May, calling for policing, offering cash14091 rewards, asking for hate crime related14093 legislation or stricter punishment doesn't solve the problems of violence in14098 our community. The safest communities don't have more police,14102 they don't have more surveillance. They are abundantly resourced so that all members14107 of the community are thriving and that's14109 the community safety plan we should be14111 working towards. We have made 11 specific recommendations in our report. I will end with the one that's most relevant to14118 this hearing. The massachusetts advisory committee for14121 the U. S. Commission for14122 Civil Rights recommends that the commonwealth Institute, community based restorative justice programs14128 as an alternative to meaning instead of increased penalties, enhanced policing or prosecution. Thank you for the opportunity to speak today and14139 I welcome any questions.
Thank you doctor. Uh, we'll just for a14144 moment14144 and here the last last member your panel and then open it up for14147 questions. Michael Ryan from CPCS.14149
[MICHAEL14151 RYAN (CPCS):] [HB1819] [SB1051] Thank you today and chair Eldridge into the rest of the committee14155 members for allowing me to14157 testify today on H 1819 and S 1051. Uh, my name14161 is mike Ryan I14162 am the Legislative14163 policy counsel at the14164 Committee for Public Counsel services. The state public Defender's14168 office CPCS is strongly against expanding the definition of what constitutes a hate crime and the penalty enhancements14174 that this legislation would14176 create. We also recognize the existence of the very real problem of violent acts being directed at14181 people based on their race religion, gender, gender identity, sexual orientation14185 or any other big bigotry.14187 And we can commend both rep14189 when and Senator Heinz by taking leadership roles in addressing this issue. But racism, xenophobia, homophobia, transphobia. These are not problems that14198 we can simply arrest our way14200 out of. Like the failed war on drugs and addiction penalty enhancements will not solve these problems14206 at their best.
Penalty enhancements serve14209 only to increase punishment for crimes14211 that our society finds particularly reprehensible. Longer sentences have not been shown to14216 have any deterrent effect on future14219 crimes penalty enhancements do not help in seeking the truth,14222 but are often used to bully a defendant into giving up their right to trial and accepting14226 a plea deal on a lesser14229 included offense at their worst14232 sentencing enhancements. Exacerbated deep inequities within our criminal justice system and14237 aggravate mass incarceration problem while14240 reinforcing existing racial disparities in criminal prosecutions. As my other panelists have testified, uh nationally hate crime, arrest prosecution and sentencing all disproportionately affect people of color. In one particularly glaring issue14256 with this bill is the bag and a more of his definition of what constitutes a hate crime.
The definition itself invites14262 a fact finding to act14263 as a14264 mind reader using any scintilla of evidence to try to predict a14270 person's14270 unspoken motivations. There is14271 no question that there is systemic racism across our justice system, injecting this much subjectivity worse than the problem at every level from who was arrested, who14281 is charged, who was found guilty14283 and ultimately who14284 receives these longer sentences, bigotry and violence have no place in our society. But this bill will not prevent those violent acts, expanding the14293 definition of hate crime and enhancing penalties will only exacerbate existing inequities in14298 our system. C CPCS14300 also supports greater data14302 collection at every level of our justice system. We need to better understand14305 to address these issues,14307 but we asked the committee not to14310 vote favourably. This legislation as it is filed14312 today. Thank you.
Thank you. Mr Ryan for your testimony. I see.14322 Chair Eldridge has the hand raised. Chairman.14324
[ELDRIDGE:] Great, thank you. Chair Day. So thank you to Mr Hall, Mrs estrela luna and Mr Ryan14332 for your14333 testimony and for the panels perspective, I had a question for Tony Hall two questions is you you had mentioned um first the concern about who this, this new updated uh, so called hate crimes14353 bill could, could target and I believe what you're suggesting is disproportionately, people of14359 color are prosecuted for for alleged hate crimes. Is that correct?
[HALL:] Yes, that's one of the concerns. Whenever there are hate crimes legislation that are enacted, we see disproportionate numbers of people of color who are prosecuted under these statutes relative to our representation in the broader society.
[ELDRIDGE:] Is there data on that? Including in massachusetts, whether amongst district attorneys or the attorney general's office or
[HALL:] there's some national data and the data here in massachusetts is scant.
[ELDRIDGE:] Okay. If you could provide that to the committee, the National Statistics and then you would also mention that this bill removes the specific intent piece to defining hate crime. Is that is that correct? [HALL:] Right. There is a particular concern oh with the reckless disregard. Um, so it's not necessarily requiring that the person has the intent but rather recklessly disregards the impact of their action. And so that raises the First Amendment concerns for us.
Okay, thank you very much. Tony hall thanks again to the panel. Thank you Chair Day. Well thank you. Thank you any further questions for the members of this panel. Alright, seeing none. Thank you all for your testimony for taking the time, appreciate it.
I'm sorry I signed up for a testimony but never be able to testify for this hate crying speech And I'm asian women, am I allowed14460 to speak up? We've got a list of individuals who signed up to testify will be getting to them in due course and the order of the sign up. So is already done for this. Uh we're trying to move through. We'll get to the order that they were signed up.
We're now accepting testing on h 1819 S 1051. Next is a panel from asian american pacific islander advocates and on one of two, the first panel will welcome Karen Chen Bethany Lee and Ben hires or if Karen is not available, Virginia Benson.
Yeah.
[VIRGINIA BENZAN (MASS LAW14505 REFORM INSTITUTE):] [HB1819] [SB1051] Hello, I'm Virginia Benson's. I can, I can go, I am Virginia Benson and I direct the race Equity and justice project at the massachusetts Law Reform Institute and lead the race Equity Coalition, a coalition of civil legal aid attorneys, community advocates and local stakeholders working to advance racial justice and to dismantle systems that throughout the advancement and inclusion of black latino, asian native14529 american and other people of color with low incomes. I testified today in conjunction with the support of my civil legal aid and nonprofit colleagues in opposition of H 18 19. I appreciate the intent and strong position this bill takes against hate crimes. Nonetheless, I echo the concerns about the increased sentencing provisions of this bill.14550 Given that in our current criminal justice system, people of color, particularly black men disproportionately arrested, convicted and more likely to experience lengthy prison sentences until we meaningfully address these injustices.
The commonwealth should not seek increased sentencing even within a hate crime bill. As civil legal service attorneys. We see the domino effect of the over criminalization of black people and other people of color in our work. Families of incarcerated people are more prone to experience economic hardship, including homelessness and unemployment. Their Children struggle struggle educationally and psychologically. Financial adversity associated with incarceration continues after release as ex offenders struggle to get hired and find housing because of their criminal record. Moreover, as stated earlier, enhanced prison sentences do little to deter people from committing future crimes, their form of punishment and incapacitation only.
Thus, the bill does not need to include increased sentencing to counter hate research shows that the chance of being caught is a vastly more effective deterrent than even the most draconian punishments. Yet many hate crimes are never reported to the police. That we need better information about how law enforcement agencies engaged with communities of color, how they are trained to recognize and investigate how hate crimes, how they collect and report hate crime data. We need better and more data about violence against people of color and law enforcement involvement. Before we advance such bills, thank you for your14645 time and I urge you not to support this bill favorably with this increased sentencing provisions.
Thank you very much.14654 Next member, The panel signed up to testify is bethany Lee
Excuse
[BETHANY LI (GBLS):] [HB1819] [SB1051] me14667 sorry, I'm a little bit sick so my voice is a little bit gun but thank you so much for the opportunity to testify today. I'm the director of the asian outreach unit at greater boston legal services. We represent low income asian americans and immigrants in massachusetts in close partnership with community groups along with groups like chinese progressive association via aid, asian community development corporation boston chinatown neighborhood center, an asian task force against domestic violence. We opposed h 18 19 we are opposed to the bill because the stories of our immigrant and refugee clients demonstrate that enhanced sentencing harms14705 asians and other communities of color appropriately responding to the increase in hate and violence against asians shouldn't harm the same communities that the bill purports to protect data collection on hate crimes and violence is limited because it relies on cooperation with law enforcement.
But the available data shows that hate crimes prosecutions disproportionately impact black people. Violence against asian americans is in fact on the rise. But violence against asian americans is not new. In fact, the reasons chinatowns exist as ethnic enclaves is because mobs violently chased out and killed Chinese people from neighborhoods in the 1800s. This year we saw the same kind of racism visibly and terribly displayed in the Atlanta shootings and the attacks on our grandmas and grandpas. Our work will income asian immigrants and refugees every day demonstrates the vulnerability our community faces during the pandemic low wage workers continue to be on the front lines as the number of hate incidents rose but our clients are also wary of how increased policing and law enforcement impacts the asian community.
In just the past year, our program has worked with a tenant who called the police when her landlord pushed her down the stairs. Yet it was a tenant who was the one who was arrested husband who faced arrest even though his wife and daughter landed in the hospital after his neighbor14790 stabbed them. A man who was the victim of a hate incident but feared calling the police because he is undocumented and countless southeast asian refugees facing deportation who have borne the brunt of both the criminal and immigration systems due to decades of over policing and over sentencing that also ensnared black and brown communities. We need better information and data about violence against our communities and the consequences of interaction with law enforcement, not proposals for longer prison sentences.
A hate crimes bill that uses enhanced penalties is not the solution. Instead, the bill should focus on data collection mechanisms that use community based networks and approaches which the stop ap hate model has shown to be more effective. The pandemic has highlighted how limited english proficient people and immigrants turned to community based organizations first when they fear for their safety and that of their families. So we urge you to work in deep partnership with community groups that many of whom you'll hear from today to explore non Carson always aimed at the root causes of racism to make14859 our communities safe. Thank you so much for the opportunity to testify and thank you for bearing with my voice.
Not at all. Great job. Thank you very much for your testimony and for your work will be less. Um final member of this panel is Ben hires.
[BEN HIRES (BOSTON CHINATOWN NEIGHBORHOOD CENTER):] [HB1819] [SB1051] Thank you. Chair Community. My name is Ben hires, I live in boston and I'm the ceo of boston chinatown neighborhood center. An immigrant asian serving Multiservice agency in greater boston. This last year has been incredibly challenging for the asian community as you know for many reasons, including the increase in anti asian hate incidents and crimes, including the murders in Atlanta of six asian women. However, I with my community partners oppose any language that increases penalties associated with an underlying offense. In Senate Bill 1051 or house14907 1819 increased legal sanctions as you've heard. Do not create a deterrence. Many wish for they do not provide a meaningful reparation of the hate crimes, harm to the victim or victims community or assist in the rehabilitation of the perpetrator. Studies show that longer sentences do not dissuade a person14924 from committing a crime. This legal approach to hate crime enforcement expects a criminal to be aware of sentencing policies and rationally be calculating the consequences of their actions from the repeated crimes and incidents across the US, including massachusetts.
This legal framework does not protect asians or other black and brown community members. In fact, the laws designed to prevent and punish bias motivated violence may be subject to bias motivated enforcement and structural discrimination and therefore incarcerate communities of color longer when they are already at risk for over policing and mass incarceration to address. Chair Eldridge question the FBI tracks hate crimes statistics through the uniform crime reporting program. In 2019, the FBI reported 49% of hate crimes were toward black individuals, but there was a statistical over representation of black hate crime offenders. The black community accounts for approximately 13% of the us population, but accounted for 24% of the reported hate crimes. We must ask the question if these laws are really protecting our communities and making it safer, safer place to live. Community based organizations like mine and the others that you'll hear from today are critical to addressing the structural inequalities and social determinants of health that helped community members feel safer.
Asians and other black and brown communities feel safer when they know their Children are in well resourced schools have economic15008 opportunities through learning, improving their english, live in clean, safe and affordable neighborhoods and have access to quality health care. And speaking of health, community based organizations are15019 critical to responding to the mental and psychological harms of hate crimes and supporting affected community members. There are many barriers to accessing mental health, including lack of insurance, language barriers and an unavailability of culturally competent mental health care providers. We can provide critical support to victims and community members in the wake of a crime in a way, no enhanced penalty might. In addition, community based organizations or position to build cross community support to condemn hate crimes, restore social cohesion and promote healing and prevent future incidents. These community led initiatives are more effective responses to violence than increased investment in law enforcement that can often lead to more isolation and alienate alienate targeted communities. Thank you for listening and thank you very much.
Thank you Mr Hinds for your testimony, questions from members of the committee for this panel.
Alright seeing none, thank you all for your testimony, We'll move on to the next panel. Asian American Pacific Islander advocates uh as well. This panel consists of uh15087 five Nguyen Caroline chow in lisette Lee
Yeah
five win
Caroline chow or like that Lee um
[CAROLYN CHOU (ASIAN AMERICAN RESOURCE WORKSHOP):] [HB1819] [SB1051] thank you representative Day um I can go and I believe he is joining us so hopefully we can get her right after. Um Yeah my name is15121 Carolyn Hsu. I'm the executive director of the asian american resource workshop were based in fields corner Dorchester and we work um with the broad spectrum of the pan asian community, particularly young people and young adults15137 in greater boston that includes undocumented asian american community members, asian american community members with criminal records, South southeast asian young people, South asian young people and our basis predominantly queer and trans asian american community members, all of these groups of people. Um as you know bethany uh Ben and and others have laid out will be negatively impacted by this legislation and you know we15167 are very concerned about the increased penalties and I will not go on because I think my colleagues did a exceptional job laying out those concerns.
But we really believe that we need holistic solutions to stabilize our communities um and to stop displacement and all of its forms. And we are prioritising the data equity bill um as15185 well as housing justice, immigration reform, language access and mental health services as Ben um talked about and transformative restorative justice so we can really build whole and healthy communities15198 uh you know, neighborhood like Dorchester where I live and work. We are multiracial community and um we really need support and stability and not more divisions and more criminalisation and policing within our neighborhoods. Um, and just you know, to reiterate increased penalties don't get at the root causes and we really have to focus on meeting people's basic needs and and working on solutions that lift up all communities of color and all impacted people. So I'll in their thank you so much.
Thank you Caroline chu.15233 I appreciate it. We have Feeney win or let's set here.
[PHI NGUYEN (ASIAN AMERICANS ADVANCING JUSTICE ATLANTA):] [HB1819] [SB1051] Um Good afternoon, I am here. Uh thank you again, my name's fee win. I'm the executive director of asian americans advancing justice Atlanta, which is a nonprofit legal advocacy organization dedicated to protecting the civil rights of asian americans and pacific Islanders in Georgia in the southeast. I appreciate that. I appreciate the opportunity to be heard on 1819 and today I stand alongside local Asian American organizations and community members in opposition to this bill in particular the provisions which includes increased sentencing as a harmful and misplaced solution to racially motivated violence As you know. And as Mr Hires testified to earlier in on March 16 of 2021, a white man shot and killed eight people at three different Asian businesses across the metro Atlanta area and six of the eight people who were murdered were Asian women who were simply working that day.
And we know that this targeted violence was rooted in racism, misogyny and white supremacy. And our communities here in Atlanta are still angry and heartbroken and frankly scared. We deserve to live in communities that are safe for all of us and we deserve a world where all workers are treated with dignity and respect. However, the solution to anti asian and other racial violence cannot be further investment in our sprawling car. Several system. We do support the investigation, tracking and reporting of crimes or incidents are motivated by race, gender or other protected characteristics, but we do not endorse enhanced sentences or other cultural solutions to15346 address hate crimes, hate crimes, prosecutions simply do not move the needle.
They don't keep communities safe. They don't work to dismantle systemic white supremacy and they do not serve as deterrents to Racists who commit violence. They are not the solution and they won't save us and instead car several solutions as you have heard today, hurt our communities. We know that the criminal legal system15373 disproportionately criminalizes and devastates black brown and immigrant communities, including vulnerable and low wage workers, we saw this happen on in Atlanta on March 16th and we see examples of this every day instead of turning to increase sentencing and other car several solutions that can further harm communities of color. Elected leaders must invest in transformative justice that addresses the15400 root causes of violence and hate. I recognize that this is a complicated issue, but I urge you to seek long term solutions that center and invest in community, not short term fixes like enhanced penalties that rely on a system that is in self entrenched and white supremacy and racism. Thank you for your time and thank you again for letting me be heard today.
Thank you for offering your thoughts appreciate it. Last member of the panel before open up to questions is lisette Lee Mr said here.
All right. Not seeing lisette, I'd open it up15444 to the committee for questions and I see uh, chair Eldridge, Chair Eldridge, Great!
[ELDRIDGE:] Thank you so much. Chair Day Thank you to the panel including this one and miss chu And my question is just, I'm just curious because obviously we have a redraft has been sent to us from the legislative sponsors and the attorney general. I'm just wondering if you were able to meet with the legislative sponsors and the Attorney general and if so15470 how those discussions went.
[CHOU: ]Um, I15477 actually will, I don't know if bethany wanted to respond to that15482 or I can but because of both of our panels um
Sure
and no Bethany if you be willing to share more about the redraft.
[LI:]15494 Sure. Yeah. I mean we appreciate that there is more focused on restorative justice and data collection um though in terms of the data collection I think that's still falls short of what we were suggesting because of the collaboration with law enforcement. The I mean I think as I mentioned in my testimony to stop APPI hate model has been shown to be effective and I think mainly because it's a community based approach um and I don't know if you don't hear anything from us today, I think15524 making sure that it's a community based approaches, I think incredibly important um15529 in looking at how hate crimes, hate incidents affect our communities. Um the enhanced sentencing provisions, I are still15540 a matter of concern to all of the groups that are that you hear opposing the bill. And uh certainly from an asian american perspective we are not wanting the incidents in Atlanta or the increases in hate violence against asian americans to be used as an opportunity to ultimately enhance and increase the carceral state. And so given that there are enhanced sentencing provisions still within the bill, the group still remain opposed to it. But if the bill could be revised in a way that is focused solely on data collection especially because I mean as you heard um from Rahsaan, there's not much data out there. The limited data that's available, um, you know, tells us some things that we should be paying attention to, but um people don't feel comfortable reporting and so we think first understanding the problem um is important before coming to what the solutions are.
Great. Thank thank you to you both and thank you to both panels. Thank you. Chair Day.
Terrific. Thanks Chairman. Uh, seeing no further questions, We15626 will move on now and and thank that panel for their advocacy as well to a domestic violence victim advocate panel. Uh he must wrong Linsky and Don Salma, you know,
[HEMA SARANG-SEIMINSKI (JDI):] [HB1819] ] good afternoon, Chair Day and Chair Eldridge. My name is Hama Sarang Sieminski and I'm the Policy director at J. D. The mass coalition against Sexual assault and domestic violence. And J. D. I is here to express some of the reasons we oppose H. as an organization that centers the needs of survivors of sexual15661 assault and domestic violence. We certainly recognise and condemn the unique harm that happens when individuals are targeted for a harm because of who they are. We are strong proponents of community based care and support for those who are harmed and of course for accountability for those who do cause harm. We share these values with the proponents of this bill, but our approach to how to achieve these goals differs for years now, JD I has taken a position that generally is against supporting legislation or policies that would contribute to mass incarceration.
We hold these positions in part because we understand the disproportionate impact of mass incarceration on survivors of color and also that increasing penalties can sometimes have the unintended consequence of making relief less rather than more accessible by creating a chilling effect to reporting that analysis applies directly to this issue of addressing and preventing hate violence in our communities in the present redraft of the bill, which we have had an opportunity to review. JD. I is supportive of the of more meaningful restorative justice focused remedies and the hate violence context of adding the additional protected classes. Um, certainly for15739 more robust and I think as the previous panel head mentioned, community led data collection is what we would like to see.
Um, but overall with due respect to the intent of the legislation, we are concerned that this legislation may cause more harm to communities most impacted by violence. We specifically oppose any enhancements to existing penalties and15763 based on the national studies referenced by Rahsaan Hall and others. We do not believe that increasing penalties for hate violence serves the intended goals of this type of legislation. We've heard the argument that enhanced penalties paved the way for a certain kind of system accountability for accurate and responsive prosecution of hate crimes, but we strongly believe, and we do believe that system should be held accountable to ensure that current laws are applied consistently and justly. But that work is critically important and also we believe that it's unconscionable to that this accountability come at the expense of those most impacted by systemic racism through these enhanced penalties.
So adding significant penalty enhancements adds to the structural violence of our systems rather than creating a culture where system actors are going to be held accountable for doing their jobs. The reality is that the vast majority of hate crimes go unreported, very similar to sexual assault and domestic violence as you know, and we believe that investing in community responses and support in education and prevention among our youngest community members, robust community led data collection are among the things that are going to create long lasting changes in massachusetts. So for these reasons, we ask the committee to consider these concerns and conclude that this bill cannot be favorably reported at this time. Thank you.
Thank you. And second member of the panel, Don Selma,
Don Sama,
Sorry, can you hear me? I'll get you go right here. Sorry about that.
[DAWN SAUMA:] [HB1819] [SB1051] Good afternoon and thank you for the opportunity to testify today. My name is Don Salma and I'm the co executive director of the Asian Task Force against Domestic Violence Eight House serves low income documented and undocumented, limited english proficient asian survivors of domestic violence, sexual assault and human trafficking along with many other groups that work on the front lines and in the community. A task opposes h 18 19 eight. House clients are victims of crime. This gives us insight into the criminal legal barriers facing victims of crime and why despite being victimized, they may elect or not elect to involve the criminal legal system or law enforcement. Asian survivors are not asking nor do they need increased penalties to keep them safe. Many asian survivors are petrified of the legal system in law enforcement and the impact it can have on their families and communities.
The fear this fear is repeatedly validated when law enforcement consistently neglects to provide adequate interpretation, resulting in the inaccurate recording of the incident in the police report or worse victims are charged as the perpetrator. How safe and protected the law enforcement make these victims feel when a victim waits all day in a courthouse for a judge to hear their case watching is every case gets heard only to be told that their15958 case is going to be rescheduled because there weren't any interpreters. How important do you think the legal system made them feel that Day and a task staff who experienced a hate crime during the pandemic called the police to report the incident. The police said they worked the right agency and referred her to 911911 referred the staff back to the police because she wasn't at the scene of the crime. She called the police the second time and was told there wasn't anything that they could do. Our staff speaks english.
How do you think a traumatized limited english victim would manage this run around any task client and her child experienced a hate crime on the T instead of calling the police For 911 or attempting to navigate a confusing website to file a complaint, she called her a task advocate stating that she didn't feel the police would come or do anything together. The advocate for the victim's safety plan and the victim felt heard protected and empowered justice for asian survivors is achieved when victims feel safe. Reporting in law enforcement responses are culturally and linguistically appropriate when data collection is collected in a way that eliminate structural barriers to reporting when good policies and practices decrease harm are aimed at root causes and are created by those closest to the issues. We strongly urge a true partnership with community based organizations who have the expertise and trust of the community to identify tangible solutions that break down the very barriers that repeatedly repeatedly leave our most protected communities unprotected. Thank you so much.
Thank you for your testimony, Don and your work. Any questions from the committee to either member of this panel? SHOW NON-ESSENTIAL DIALOGUE
Alright, seeing none. Thank you both Again. Uh if you're happy to see I appreciate it very much. Moving on now to robert Preston testifying on behalf of the anti defamation league.
[ROBERT TRESTAN (ADL):] [HB1819] [SB1051] Mhm. Good afternoon, Chair Eldridge and chair day. My name is robert Preston and I'm the regional director of the anti defamation leagues, New England Regional office, as you may know, a Tl is a leading anti hate organization with16103 particular expertise in counteracting hate crimes. In 1981 we drafted the first model hate crimes statute and now 46 states as well as D. C. Have hate crime laws, many of which are based or similar to our model. Adele is extremely concerned regarding the recent spike in hate16120 crimes across the country, which has understandably given rise to a desire to address them more effectively.
In our experience, efforts to address hate fuelled violence must always involve an inclusive16133 process, such as16134 today's hearing that centers the voices and concerns of communities disproportionately impacted just like initiatives to pass16142 remained other laws initiatives to improve societies, statutory response to bias motivated violence must ensure that the communities most affected have a key role in shaping what the solutions look like for the past several months, 80 L has been engaged in extensive discussions with our coalition partners regarding an act to reform hate crimes,16164 a hate crime statutes. H 18 19 s 10 51 due to concerns regarding unintended consequences that could flow from overly broad language in the bill as originally filed, as well as racial justice implications of sentencing enhancements raised by our partners who are unable to express our full support for the original bill.
The Attorney General's new draft circulated shortly before this hearing, however, does represent a substantial improvement addressing many of 80 s major reservations regarding the structure of hate crime offenses. We're grateful for a G Healy's longstanding leadership on this issue and appreciate her and Representative win and Senator Heinz efforts to ensure that one associational hate crimes are covered that all to that all protected identity characteristics are explicitly referenced and that the massachusetts hate crimes task force will prioritize the investigation of hate crime prevention and restorative just restorative justice practices.
However, we still have concerns regarding the breadth and scope of certain terms and provisions in the revised draft. In addition, like all new criminal laws, hate crime law amendments should be crafted with an understanding of how existing laws are being enforced and implied the inclusion of language by the attorney general regarding more robust data collection is a very welcome development but consistent with our partners. We know that there is a threshold need for better data in this instance. Data from prosecutors in particular would be especially helpful separately. We have long believed that it is far better to prevent bias motivated violence. In the first instance, HDL urged the committee to support the massachusetts Crown act H 19 oh seven S 10 49 and S 994. We also support District Attorney Ryan's Bill H 14 6 64 and S95 nine. Thank you.
Thank you very much16286 for suggesting for your testimony.16287 Any questions from members of the committee?
Alright, seeing none. Thank you again for your testimony and your work with A. D. L. Uh Next up would be Nikki sting from the Sikh16301 coalition.
[NIKKI SINGH (SIKH COALITION):] [HB1819] [SB1051] Mhm Hi everyone. Thank you so much for the time to speak today. Um Sorry, once again uh do chairs and committee members. My name is Nikki Sing and I am the senior manager of policy and advocacy at the sick coalition, the nation's largest six civil rights and advocacy organization. The situation is pleased to support H 18 19 and S 10 51 which seeks to reform massachusetts hate crime statutes specifically, the bill will add additional protected classes, delineate clear definitions for certain for certain legal terms and clarify the standard for a hate crime offenders in 10. We also support Representative Nunes16343 suggested edits to the bill language including improvements to data collection language to allow alleged offenders to be eligible for restorative justice programs, expanded responsibilities of the new hate crimes task force and additional protected classes By way of background.
The sacrilege in founded in India is the fifth16360 largest organized religion in the world, with over 500,000 followers in the United States, while six have been an integral part of the American fabric for over16368 125 years. They remain disproportionately targeted in cases of bigotry bias, bullying and backlash16374 relative to other vulnerable communities. six are just proportionately targeted for discrimination because they wear turbans and maintain on short hair including facial hair16383 in accordance with their faith in a post 9 11 climate. These identifiable identifiable characteristics. Make six vulnerable targets for hate crimes and bias based incidents based on the most recent FBI hate crime report, there was an 82% increase in anti Semitic incidents between 2019 and 2020.
Once again, six remain among the top five most targeted faith groups for hate crimes in the US Across the US for the third straight year, The number of law enforcement agencies providing data to the FBI also declined in massachusetts of the 411 law enforcement agencies in the state. 360 agencies participated in the FBI's hate crime reporting program. This data emphasizes two points that we already know to be true. First, hate remains a pressing threat to six and other communities in America. Second far too many local law enforcement agencies continue not to report hate crimes and bias incidents appropriately. Leading to these statistics likely being an underestimation of the true scope of the problem. We strongly believe these bills will take a step towards protecting all Bay Staters and visitors from the devastating effects of hate crimes. Thank you.
I'm thank you so much for your testimony and your work And you have the coalition. Uh any questions from members of the committee?
Alright, seeing none. Thank you again. Um Next would be Kanwar Singh, also from the Sick Coalition.
Hi, good afternoon. Can you hear me? All right, good afternoon, we've got you.
[KANWAR SINGH:] [HB1819] [SB1051] Great, good afternoon. My name is Khan who are saying and I'm an american sick living in Malden massachusetts. I also serve as a first lieutenant in the massachusetts Army National Guard. Today, I'm here in my personal capacity and not on behalf of the U. S. Army, commonwealth of massachusetts are the massachusetts National Guard. I'm here in support of House Bill 1819 and act to reform the hate crime statutes with the changes that have been discussed by previous founding members, including focus on restaurant of justice practices, unintended consequence of enhancing sentencing and community led data collection. This common sense hate crime legislation will help make our state safer and better16514 protect all vulnerable communities. First and foremost, I want to thank Representative men and Senator Heinz for their leadership on this critical bill. Although massachusetts does have a state crime law.
This bill would add additional protected classes and implement a crucial tweak, clarifying the standard for hate crime offenders intent. There is no disputing the threat presented by rising tide of hate in America, especially those of us who belong to minority groups In 2019 1 morning while I was on my way to work in boston's downtown crossing a woman yelled at me, go back to your country sadly I didn't have the time to stop and ask why she said that moreover, I did16552 not want to create a scene in16553 front of so many people, most of whom were also likely on the way to work. Although I was infuriated by her comment, it wasn't surprising after an op ed that I wrote detailing the incident in W. Bur several individuals reached out to me, one of them, a south asian woman, described how her dad was assaulted at a gas station because of the color of his skin. Another Sikh man described how he was assaulted on the MBT orange line because of his religion. These are heart wrenching stories of our fellow citizens who have been victims of hate for too long. Unfortunately, the broader American Sikh community is no stranger to these types of hateful comments.
In 2012, white supremacist gunman carried six and wounded more uh16594 in a Gurdwara are sick place of worship in Wisconsin. In april of this year, a gunman shot and killed eight at a Fedex facility in Annapolis murdering 46 and16604 injuring two. Moore While the investigation was recently closed six civil rights group continue to highlight evidence that suggests this bias could have been a primary motivator, but the story16614 of being a minority in America cannot focus16616 on fear and victimhood alone. It must be focused on resilience and success on what we can do to protect ourselves and our neighbors and how we can work together to make our communities safer and more welcoming to all this is why I stand shoulder to shoulder with my fellow bay Staters from diverse walks of life in endorsing this bill. This bill along with representative events suggested edits will make the improvements to data collection, add language to allow alleged offenders to be eligible for restorative justice programs, expand responsibility abilities of a new hate crimes task force and add additional protected characteristics. Thank you.
Thank you Mr Singh for you, sharing your personal story as well as your service for our country and your advocacy, all of it. Very much appreciated here. Any members of the committee with any questions?
Alright, seeing none and again, Thank you sir. We appreciate it. Thank you. It's an honor.
Uh Next would call Dylan Hozier from the Israeli American Civic Action Network,
Jehlen Hozier.
[DILLION HOSIER (ICAN):] [HB1819] [SB1051] Yeah. Uh dear chairs Eldridge and Day and members of the committee. Uh my name is Dillon Hosier and the Ceo and I can the Israeli american Civic action Network and on behalf of the commonwealth, Israeli american immigrant community. We express our strong support for the revised version of H 1819 and act reform hate crimes statute massachusetts is home to an estimated 30,000 Israelis, many of whom are 1st and 2nd generation immigrant families, including jews of color originating from Syria Egypt Morocco, Yemen, Iraq Iran Tunisia and Ethiopia as a jewish immigrant community. We commonly experienced several forms of discrimination, including anti16726 Semitism color based prejudice, anti immigrant bias and national origin discrimination.
These multiple forms of discrimination have created a climate of enhanced risk for violent incidents of hate and other hate crimes targeting our community. Recently16737 released FBI hate crime statistics indicate that attacks against us represent almost 60% of all16743 religiously motivated hate crimes and anti Semitic attacks account for close to 10% of all hate crimes. The United States Targeting a population that only represents 1.7% of the total American population. And just this past summer, Rabbi Shlomo Nijinsky was stabbed nine times outside a jewish day school in Brighton during an incident that prosecutors have since determined as a hate crime. And in addition during the COVID-19 pandemic Jewish community has experienced increased harassment and hate sometimes rising to the level of violence driven by conspiracies about Jews being responsible for creating and spreading the COVID-19 virus.
Likewise, we are distraught and disturbed about recent incidents targeting our allies in16783 the Asian American community due to similar conspiracies and disinformation. And finally in recent years our community has suffered from serious and ongoing harassment, intimidation and targeted violence due to intentional misinformation, spread about cultural identity and our homeland. Israel As Israeli16800 Americans living in Massachusetts. We believe in the right of all immigrants to connect with the culture and celebrate their heritage free from bias and bigotry and we believe that the revised provisions in 1819 enhance public safety and protect the rights throughout all immigrants and all individuals and all bay staters throughout the Commonwealth. Thank you in respect. We respectfully ask the committee to report the bill favorably. I appreciate it.
Thank you for your testimony, appreciate it as well. Any questions from members of the committee.
Alright, seeing none. Thank you will take that under advisement for sure. Next would welcome uh Ivan espinoza madrigal from the lawyers for civil rights.
Mhm. I'm going to be testifying on behalf of attorney.
Um Sorry, I think I just froze. Can you hear me? Uh we've got you, who is this
[ARIELLE SHARMA (LCR):] [HB1819] [SB1051] attorney Ariel Sharma with lawyers for civil rights. I'm testifying on behalf of16861 attorney medical espinosa. Okay, thank you. Um so lawyers for civil rights is an organization that provides free legal services for um people of color and immigrants in order to help protect their rights within the legal, within the legal setting. We also um provide education to those community groups um in order to empower and help them navigate when they are in fact victims of hate crimes among our more recent work with victims of hate crimes has included a family who was attacked something for speaking spanish while out in public in east boston and another family in Springfield who had their cars vandalized with the N Word and other hateful messaging by their neighbors.
We feel that a comprehensive hate crime legislation is important beyond just the individual victims of hate crimes isn't just the person in the moment, but it is the entirety of the community. All right. These 11 incident to a person last with that person far after any physical or um any physical remnants of that is left after a uh publicised case of a hate crime. We16935 often receive an influx of calls from community groups that are asking for programming that's going to help empower their members to understand what their rights are in the law and what their rights are when they are targets of paper. We're supporting SB11051 and eight and House Bill 1819 specifically because of the changes to language that are that that is codified in this when we are advocating on behalf of victims of hate crime, we often find that police officers or others are actually not aware of what can be charged as a hate crime because much of the language that is being codified in the redraft here is currently in case law. There's a lot of confusion about what can and cannot be prosecuted.
Um for example, the the language that we particularly support is the addition of a real or perceived um identity and so, you know, this is an example of just because someone tells you to go back to a country that you're not actually from doesn't mean that that's not equally hurtful or equally hateful as if they17001 had correctly identified you, it reminds me of a17003 mean that's been circulating lately um of a young asian man who says, you know, my mother told me that we should be speaking korean when we're out in public so that were not targeted as being chinese. And he says, I think it's really cute that she thinks these Racists out here care or no.
Um and I think that that's exactly what this this reflects right is that people17021 don't necessarily know what it is. Um but that doesn't change the intent or the effect on the person being hated. The addition of17030 harassment is also, I think incredibly important right now, someone who does not have physical violence against them, but instead sent text messages and notes in their mailbox telling them to move out of a historically white neighborhood. And then the first black family in there is not someone who can get help from the law because there isn't that act of violence. And finally quickly uh because of language is extremely important because uh adding and solidifying the17058 fact that it doesn't have to be only race but can be an interpersonal issue that uh exhibits racial undertones is again, something that is often overlooked and leads to the under charging therefore under reporting of hate crimes. Great, thank you. Council any questions from members of the committee for the lawyers for civil rights.
Okay. Seeing none counselor. Did we did have you listed as well. I think we had you just down as Ariel uh would be nationalist. So thank you for coming forward and testifying appreciate it. Thank you. Thank you. Okay. Uh, go back up now to uh, mhm. Mhm. Mhm. The previous bill, we've heard individuals were unable to get on technologically for a few different reasons, but would call jeremy Browne. Fuck. Mhm.
Testing. Hello. We've got you.
[JEREMY BROWN:] [HB1706] All right. Fantastic. Thank you. I'm speaking to age 1706. I live in somerville Massachusetts. Thank you for17129 the opportunity to speak. I believe it was one more speaker who couldn't get on earlier at Leva Heaney. Bully is now online as well. When my older kid was in second grade in our local public schools, it was becoming clear that he has an aptitude for math. When we asked the guidance counselor what they could do for advanced learners, she literally said they could do nothing. There was no district program since there wasn't a formal program, his teacher was slipping in advanced math problems on the side to keep them from getting bored. But she left on maternity leave midyear and her replacement began treating my son as a discipline problem. For instance, he would finish the classroom math before she was done explaining it. We put out a book to read, She threatened to throw it away in 2019. The Department of elementary and secondary Education commissioned a review of gifted education in massachusetts prepared by Dana Ansel.
It found that more than17178 three quarters of massachusetts black and Hispanic students identified as academically advanced in third grade are no longer in the top decile by its sixth grade. I quote the report, The current hands off approach17189 of massachusetts is not serving advanced and gifted students17192 well. In particular, we found stark differences in the17195 academic outcomes of black, hispanic and or low income students as compared with white and17200 asian students. Our analysis documented the widening of the excellence gap between the 3rd and 6th grade. I urge every legislator to17207 read this report in full and I'll send a link with my written remarks me, I'm the child of an artist, an english teacher. I have an aptitude for math and computers. I'm the product of public schools in Fort Collins colorado. It was my great fortune that in Fort Collins there were gifted programs that supported17222 me from lower elementary all the way through high school.
Now I hold a PhD in computer science from MIT. My wife has a similar story of gifted programs at her Washington state public schools giving her leg up. She is now a full professor in engineering. There are no gifted programs here for my kids or the many like them. But our family is financially fortunate our kids are going to be fine because we were just able to take them out of the public school system there in a private school receiving appropriate leveled aptitude based education. They will be fine. But the state owes it to all the kids who17252 don't share our families privileges to support gifted kids from every background in reaching their full potential. I quote the report, the state's own report again.
Acceleration is effective in meeting the needs of gifted students and has the additional advantage is of minimal costs and being relatively easy to implement. This bill opens the door for acceleration massachusetts. Schools will only serve students equitably after you make17275 it illegal to discriminate against Children, advanced learner Children because of their age. Schools approved that they won't stop this without leadership from the legislature. I will close by quoting a teacher cited17286 in the 2019 report Until our public schools acknowledge,17291 understand and serve our most advanced students. Our educational system will be elitist. Only those who can afford it will be privileged to see their children's potential blossom. Please recommend to age 1706 favorably.
Mhm. Traffic thank you Mr Brown for your testimony. Any questions from members of the committee?
Alright, seeing none at this time. Thank you again sir, thank you. Well now call again at labor him a bully
it liver. I'm a bully.
All right. Um We'll move on now to representative Tricia Farley-Bouvier Excuse me a question is the hate crime testimony done because I'm still has not been called. Okay. I'd ask folks that have questions raised their hand, staff will be able to attend to them. Uh reporter. So there's a raise hand function and check your emails If you don't have your contact information. Otherwise in their uh we've got some individuals who signed up to testify primarily on specific bills and secondarily on other bills. And so whatever you signed up to testify on primarily is how you listed.
Sorry, just a moment, just a moment, staff will be able to address your questions and let you know where we are in the order of things as you have those questions. Well, now move on to representative Tricia Farley-Bouvier
[REP FARLEY-BOUVIER:] [HB1561] Thank you so much. Mr Chairman17397 Mr Chairman, I very much appreciate you taking the time to hear testimony on H 1561. An act to amend the civil rights law in relation to reporting non emergency incidents involving a member of a protected class. I know it's been a long day for you all and know that your thoughtful work is deeply appreciated. So just a moment, I'd actually like to invite you to imagine yourself in the middle of Central Park in new york On a May morning in 2020 And you come upon a conversation and you can over here this conversation between two17439 people, it's a17441 white woman who was with her unleashed dog and a birdwatcher who happens to be a black man. This17448 is what you here. Please don't come close to me. I'm going to call17454 the cops. I'm going to tell them that there is an african american man threatening my life. She then pulls out her phone and calls and she tells the operator, there's an african american man. I'm in Central Park. He's recording me and threatening myself and my dog. Please send the cops immediately.
Now there's much disturbing that that is in this encounter. It was recorded and it went viral further fueling the movement for black lives. What would have been a run of the mill disagreement between two individuals about whether a dog should be leashed or not quickly turned into a woman using the police as a weapon against someone who indeed had not been at all aggressive and we all very well know that given the history of police response against people of color, particularly black men, this could very well have ended in tragedy. Mr Chairman Mr Chairman, I would like to introduce you to a constituent of mine, roberta McCullough, who's well respected leader in Pittsfield. She is the communications professional who currently serves as the city of Pittsfield is director of administration as part of her Graduate studies capstone project. She investigated non emergency police reports against people and protected classes, given both her deep research and her lived experience. Miss McCullough dues can best relate the goals of this proposed legislation, but that roberta,
[ROBERTA MCCULLOCH-DEWS:] [HB1561] I'm here. Thank you. Thank you. Chairman, Day Chairman Eldridge and17557 esteemed committee members. I am grateful for the opportunity to testify in support of this important legislation. H 1561. It's worth noting that this bill reflects the need for change and I would like to acknowledge those who recognize that we need to go beyond conversations around the issue of youth and law enforcement for unfounded nuisance calls Against members of protected classes. While I understand that protected classes includes a wide range of groups. My testimony specifically speaks to the impact that these calls have had on members of the black community. I use this term not17589 to reflect a monolithic group or experience, but rather to bring to life the many stories and accounts of black men, women and Children across this country who are on the receiving end of these accusations17600 and police17601 calls to do so, I want to take you back to 2018 and I don't want to give you the impression that these calls aren't ongoing. It's just that 2018 shamefully stands out17611 as a banner year for weaponizing the police against people of colour.
It seemed like every other day there was a story in the media about the police being called on black people in a wide range of spaces, parks, golf courses, public streets, businesses and college campuses. And so in all these calls that the end result was that they were targeted, humiliated and shamed. It's hard to imagine that these feelings of public embarrassment17637 and degradation just disappear. I imagine that they stay and linger long after the incident is over. The underpinning behind all these incidents is that these accounts told to the police were not based on the witnessing of actual crimes or offenses, but rather a suspicion on the part of the caller. And this is where we get to the heart of the matter because this so called suspicion must be named for what it is. Implicit bias and discrimination. The snap judgments and preconceived notions speak to belonging and who the perpetrators of these calls think who should and shouldn't be there. There is much to understand when it comes to why these individuals think and behave the way that they do. It's a lot to unpack.
But getting into the psyche of the accusers is not what this bill is about. Nor should it be. That's the responsibility of these persons to self examine themselves. Hopefully that self analysis will happen. But we as a society can't wait around for what may or may not occur. History shows us that without certain legislation passed forms of discrimination would have been allowed to continue to infiltrate american society. This bill is a start. It establishes consequences for using law enforcement as one's personal concierge to17705 carry out discriminatory behaviour. It sends a message that this kind of behaviour is unacceptable and has repercussions. That said the bill is a start and I do believe that there is opportunity to strengthen and expand the bills remediation beyond the private civil action mentioned. But I'd like to start here. And that's why I'm in support of this bill. Thank you.
Thank you so much. Mr McCullough. Who's any questions from members of the committee.
Alright, seeing none. We'll look forward to working with you and represented Farley-Bouvier as this bill progresses gets considered further. Thank you so much. Mr Chairman.
All right. With those their hands raised. Please check your emails. The manner in which you contacted the committee. Research director. Jacqueline Manning will be contacting you to address the questions you've got. And just for people's education,
we will17762 be now considering H 135 S 47 which is an17767 act to regulate face surveillance. And immediately following that, we will be considering H 4151 and S 11 22. Sorry, S. 11 20 to enact relative to bodily autonomy and family integrity. So, first up will be an act to regulate face surveillance and then enact relative to bodily autonomy and family integrity.
Um, first up on H 135 S17792 47. An act to regulate face surveillance. We've got Suffolk County District Attorney Rachel Rollins, who I was told was here earlier and may have had to step away. Is District Attorney Rollins present.
All right, not seeing that. We will follow up with this Attorney Rollins later. Next we've got a panel uh comprised of Kade Crawford, the A. C. L. U. Massachusetts. Katrina Fitzgerald of Epic and Nathan Tamulis of cpCS.
Uh, Kate Crockford.
[KADE CROCKFORD (ACLU):] [HB135] [SB47] Thank you so much. Chair. Um Good afternoon everyone. My name is Kate Crockford. I'm the director of the technology for liberty program at the A. C. L. U. Of massachusetts. We are very pleased to be here today to ask the committee to favorably report House Bill 135 and Senate Bill 47. This is legislation that would strengthen regulation of facial surveillance technology in use by government agencies in massachusetts. Facial recognition is dangerous when it works and what doesn't. And there are many indications that the technology is in too many situations not ready for prime time. There have been numerous studies, including one done right here in massachusetts that illustrate that facial recognition technology can exhibit very serious racial gender and age bias problems. But even when the technology works, there are very serious civil rights and civil liberties concerns raised by its use, particularly among government agencies.
Um, you are probably aware that last session, the House and the Senate, um, thanks to important work done by leaders on this committee and the committee itself enacted very, very strong face surveillance protections in the initial version of the police reform legislation that was sent to Governor baker's desk. Unfortunately, the governor rejected that section and what eventually passed was a compromise that stripped a lot of those important protections from the bill. So what we have currently in the law does not go far enough to protect racial justice, privacy, civil rights and civil liberties. Um, one of our primary concerns that the is that we ensure that this technology is never used by government officials to track or catalogue the movements, habits and associations of people17944 in public in public spaces if it were to be used that way. And I should say to our knowledge that is not how government officials are using it today in massachusetts, we would like to keep it that way.
Um, if that were to happen, it would facilitate government tracking of people's political activities, whether they go to a political fundraiser, attend a political event or a rally, seek substance use or alcoholism treatment, um, seek reproductive health care and many, many other things that we do um, all the time in our daily lives that ought to remain private from government intrusion. So, um, the, the bill before you strengthens this uh piece of of state statute currently on the books in a number of ways that we sketch out in in detail in our written testimony. Um, and I'll just leave it at that. You guys have had a very long day. So I appreciate all the work that the committee is doing and I appreciate your public service as well. Thank you so much.
Thank you Kate and for your work on the commission's as well. Much appreciated. Uh, Katrina Fitzgerald,
[CAITRIONA FITZGERALD(EPIC):] [HB135] [SB47] I thank you chairs Eldridge and day members of the committee. Thank you for allowing me to testify today in support of Senate Bill 47 House Bill 1 35 an act to regulate face surveillance. My18024 name is Katrina Fitzgerald and I am Deputy director at the electronic privacy information center or Epic. Epic is a public interest research center were founded in 1994 based in Washington, D. C. Though I'm actually a resident of Wakefield massachusetts. Uh and that because a18040 long history of pushing for a ban on the use of facial recognition18042 technology and legislatures and local governments across the country have been taking action to ban the use of face surveillance. And that's because analysis after analysis has found this technology to be ineffective, expensive and incredibly harmful to marginalized communities. Uh in the time since last year's state House debate on this issue, Virginia and Maine have both enacted laws very similar to the bills pending before you today,
Virginia's law went into effect on July one, it bans local law enforcement agencies from using facial recognition technology without legislative approval. And in june of this past year, Maine enacted and even stronger law prohibits government use of facial recognition except in very limited circumstances, including by the R. M. V. And state police in serious criminal investigations. Some massachusetts would not be an outlier here. There's a growing recognition that facial recognition technology simply is not ready for prime time and law enforcement should not be using it. I think the approach in this bill is in these bills is good. You know, it's important to18108 impose a general prohibition on government use and possession of remote biometrics and then carve out specific exceptions to that general prohibition if needed because too often surveillance policy is made via the procurement process at the executive level, Not18124 by legislators informed by public opinion and debate. You know, there's an agency that bills, they need18131 to use facial recognition.
They can come to state house, they can get authorization for that use. But with that process we can make sure civil rights protections are enshrined in statute. This technology is just too dangerous to let deployments come before specific statutory authorization. Safeguards need to be in place first.18148 Um, was close by saying that as a privacy advocate, I'm fighting every day to deal with the regulatory and policy failures that allowed technology companies like facebook and google to commodified every tiny bit of our data. There were no rules of the road. They took advantage and now it's how difficult to change those business practices. So let's not make the same mistake with facial recognition. The stakes are just too high. Please. I urge you to give a favorable report to send a bill of 47 House Bill 1 35 as soon as possible. Thank you for your time.
Thank you for your testimony and patients today as well. Um, next up is Nathan Tamulis us from CPCS
Council.
We don't have you on audio. Sometimes when people are using airpods, it cuts off the mic.
Right, All right, we'll try that. I unplugged18203 it. Can you hear me now? Okay. Excellent.
[NATHAN TAMULIS (CPCS):] [HB135] [SB47] Uh, so good afternoon and greetings to the committee and thank you for having me and Nathan timeless. I worked for CPCS as a forensic support attorney basically that means I'm tasked with assisting the defense bar in addressing forensic evidence both in their case in chief and then uh in the commonwealth case against our clients. Uh I have a decade of experience in laboratories in the commonwealth doing quality testing in biotech and testing pharmaceuticals to determine environmental impact. So that's where I got my scientific background uh and that gave me this experience of how regulated the scientific testing industry is. Uh and that is in part to ensure18250 the reliability of data and the conclusions you can draw from it and allow for retest ability and more importantly transparency. Friends at facial recognition is of course a very powerful tool and you know, being a little hyperbolic but you don't get closer to kind of a police state than the ability for a 24 hour surveillance and real time tracking of individuals.
You know, and with enough cameras essentially. Uh so the government's use of forensic recognition, sorry, facial recognition software should only be used in a completely transparent manner and limited to very specific uses basically legislatively preapproved and judicially verified manner.18296 Uh you know, that's the requirements of due process. H 135 does a lot to get us there. It's certainly much better than what we have now and it allows for a warrant requirement for the use uh uh you know, for a Dooley authorized by a Justice of the Superior Court based on probable cause. That the search will and will lead to evidence of the commission of a violent felony offense under the laws Diploma. That limits it to a particular subset of cases uh allows for the standardization and centralization of all that18331 data collection and reporting that is in the current law restricts the law enforcement used to the mass state police.
Uh It allows explicitly no information obtained in18342 violation of this section18343 shall be admissible in any criminal civil, administrative or other proceeding. Uh And that's very important of course. Uh So the obvious deficiency is that it doesn't necessarily address the higher false positive rates when it comes to identify a person of color. And it doesn't mandate reporting false positives which would go a long way towards assisting in judging the reliability but it does mandate That the defense have access to all this information in criminal cases and that's very very important step in the right direction. Uh so it's obviously vital, it can be potentially exculpatory and there's a duty to turn that over to the defense and uh we support H135 completely.
Mhm Terrific. Thanks very much for your testimony. Any questions from members of the committee for this panel.
All right, thanks very much seeing none. We'll move to the next panel which is comprised of Maddie Maddie maddie? Sorry maddie Cropley, Arlene Isaacson and Carolyn lee?
Okay,
I can see uh cropping but it looks like you're muted. Okay.
Um
uh still muted Their sorry is a little slow roll their. Sorry18440 about that. Uh Good.
[MATY CROPLEY:] Mhm. Um Thank thank you members of the committee for this hearing and uh give me the opportunity to speak. My name is Maty Cropley. Um I am a union librarian who works18458 with teenagers. Um I'm also part of a self organized group of librarians um uh called the library freedom Project. Um who worked to educate and educate, excuse me educate and advocate in our community on issues of uh surveillance uh digital privacy. Um I'm here to support a favorable favorable outcome for bills H 135 and S 47. Um uh I have submitted written testimony. Um So I'm not gonna read that into the record since it's already there but uh you know I just wanted to say quickly, you know uh you know I run a lot of programs with young folks on on topics of digital privacy and surveillance in the library with teams. And one of them we do a thought experiment called the bodega where we think about the concept of civil anonymity, the idea of identifying oneself to another as being as broadly being voluntary except where we are sent.
Um And uh you know, so so in this extra experiment we think about what does this person working at the bodega know about you and vice versa, or need to know about you. Um What is the you know, what is the relationship of power between uh this interaction in the in the public sphere? No, we think about that and then we then we look we say let's look at your let's look at the technology, let's look at some technology, let's look at facial surveillance. Um What who has power in this relationship? Um uh what is what is your relationship to power in this? This this piece of technology? Um So uh you know, just to say, you know, despite what you hear, um young people are very concerned and aware about the impacts of these technologies on their on their privacy.
Um they find very creative ways to move, move around uh pieces of technology um or practices on pieces of technology that uh that they find uh can't really deal18581 with. Um So I just wanted to bring up the bring young people into this conversation. You know, what kind of world do we want for ourselves and more importantly, what kind of world do we want for the young people going forward? Your technology isn't inevitable and we have a great opportunity here to regulate and restrict a very powerful piece of technology that has the potential to fundamentally reshape the public sphere. And um I urge you and thank you reps for a favorable report out on H 135 and S 47. Thank you guys very, very much. Thank you.
Thank you for your testimony. Could hang on. We're gonna hear from Arlene ISAAcson and then Carolyn lee for the panel.
[ARLINE ISAACSON (MASS GAY AND LESBIAN POLTICAL CAUCUS):] [HB135] [SB47] Thank you. Good afternoon. Sorry, such a long day for you all. Uh I'm speaking today in uh wearing my um in my capacity as the co chair of the massachusetts gay and lesbian political caucus uh in support of these two bills to regulate face surveillance technology by the way, our organization of course supports many of the other bills that are coming up18644 today that that came up today. We support prohibiting the gay panic defense, we support repealing anti sodomy laws. But I'm going to focus right now on this facial recognition issue because it may not be self evident why it is that it matters to our community. So very much most americans pride themselves on living in a country that respects privacy and protects us from government intrusion for L. G. B. T. Q. S who are not out of the closet or only partly out of the18671 closet. The ramifications of this technology are huge. Their lives could be irrevocably harmed18676 by government surveillance if their face is being scanned, for example, every time they enter a gay bar or a doctor that focuses on trans patients or spend the night at the with someone of the wrong quote unquote gender.
It's important to note also that our concerns aren't simply and only about Big Brother privacy intrusions, but also about Little Brother. It's about the cop who says, gee, I wonder if he's gay. You think she is a lesbian? Let's check it out scanner face. We can find out where she's been. Um, now you all have passed laws that prohibit discrimination against LGBT Q.18706 S and were very grateful for that, of course. But let's face it, there are ways around those laws. Uh, so L. G. B. T. Q. S18713 have good reasons still to worry about losing their jobs being denied, evicted from their apartments, being denied housing and public accommodations, the social stigma, physical danger or being ostracized from family. Then there are the non LGBT Q specific issues that we're concerned about. It is, for example, certainly no one's business and certainly not the government's business. If someone goes to an abortion clinic or an HIV clinic, an a a meeting or therapists office, people should have the right to do those things without government surveillance.
I ask you to think also about the government employee who wants to stock their girlfriend or track acute woman. They just saw on the street or a violent domestic abuser who wants to monitor where his wife goes and who she talks to every day and all day and last, I would ask the rhetorical question, would you ever want to pass a law that allows government to stop everyone on the street whether you're entering a gay bar or just strolling along the beach and demand that they show identification papers. Of course not. That would be fundamentally un american. That's precisely what this technology does. It is the technological equivalent of forcing everyone on the street to provide their identification for no reason whatsoever other than the fact that you can, that would be everyone every day everywhere. And in my mind, that is the very definition of creepy as well as inappropriate for government entities. So we ask you to support the two bills to limit the abuse of this important technology. Thank you very much. Yeah,
very much, Miss IsaAcson's. We will now hear from Carolyn lee from the League of Women voters final uh, witness in this panel.
[CAROLYN LEE (LEAGUE OF WOMEN VOTERS):] [HB135] [SB47] Good afternoon and thank you for persevering three long day as we18820 all have. I I am the good governance specialist for the legal women voters of massachusetts, which comprises over 47 leagues and 3000 members from Capes Cotton and to the berkshires and we strongly support S 47 H 135 is needed to strengthen the very minimal existing facial recognition as we have and ensure18839 that massachusetts residents are not subject to unauthorized surveillance and privacy invasion privacy protections have been a focus of the legal women voters for our entire existence as an engineering graduate of MIT who first worked on a computer that actually had vacuum tubes. It is clear to me that the use of this evolving technology avoid voids existing privacy protections and presents a concern for all of us. The 4th amendment, the constitution protects our right to privacy to be secure in our persons against unreasonable search and seizure. Unreasonable search seems to be systematically avoided by this facial recognition technology.
We learned from the testimony at the18878 commission on this topic, that some Ai companies are scanning all media for any tagged faces and then peddling that data was very frightening to hear one company brag about having over one billion images provided that it provided a law enforcement who purchased or even testing their system. That same company asserted without presenting any18896 substantiating data, that all priority data suggesting systemic errors in their system were either bogus are now outdated by all the improvements they have made. It isn't just the criminal justice in the R. M. V. Databases that we need to worry about. This. Technology is now ubiquitous and18911 remains substantially unregulated. So none of us are safe from tracking regardless of how18916 careful we try to be. This past summer, I was sitting at a breakfast restaurant in the berkshires overlooking a public lake. When I was, I noticed a drone outside the window, systematically photographing every person that was facing that window. I had no protections available without strong legislative protections, including enforceable and enforced regulations.
The whole concept of probable cause has18937 been rendered mute. We can choose not to take our cell phone with us. We can choose not to be on facebook or instagram18943 or linked in as I have done, but we cannot choose to leave or face at home. And who knows how much more privacy18949 protection the covid mask you're wearing provide or how many more errors and recognitions they create. The 2020 bill that governor baker signed had the league strongly18961 supported even though it left out due to the compromises a lot of regulations on face trek. We think that these bills are very necessary to get those reforms in place and so we are in strong support of the we encourage you to report this out favorably and not watered down. Both H 1 35 and S 47 because we need strong regulations with strong disclosure and enforcement mechanism in some cases to18986 restore protection of our civil rights and civil liberties. And this legislation provides an excellent model. Thank you for your time and consideration
18996 for18996 your testimony. Is there any other questions the members of the committee for this panel?
Alright, seeing none. Thank19006 you again for your testimony. We will move, come on now to a panel uh including johnny Mcinnis to the Btu and Colin and condi of all for the people, johnny Mcguinness and Majali and Khan
[MUTALE NKONDE:] [HB135] [SB47] Hi for uh thank you for your time and it's been a long day. I'm here um referencing the various proposals being put forward around facial recognition. Um ai for the people has been looking at the direct impacts of facial recognition on racialized groups and as colleagues have said earlier in the day are major concern has been the inability for these systems to accurately identify black faces. So a study coming out, the gender shades study that came out of M. I. T. Found19060 that black people with dark skin and feminized people and miss identified up to 40% of the time with facial facial recognition systems currently being used by police forces across the United States. Further to that, we've also um through my work with the um the A. C. P. In Northern England, been privy to um being privy to testimony from groups like Clearview Ai and in those testimonies, the testing protocols and even the use and the way that those systems get into police hands was misrepresented somewhat. If we look out at the national press reports around those.
And so our concern is that as this as this committee moves forward that they really do consider how in the case of policing systems like facial recognition really do supply an existential threat specifically to black people because of misidentification and in written testimony obviously can lay out cases like robert Williams in Detroit who was wrongly arrested as well as Nigeria Peters here in New Jersey who spent five days in jail after misidentification and that we look at the harshest, most possible way of restricting use. I am aware that in massachusetts, you're looking at public use. So rather than just the police, as people have said before in this meeting, looking at public sector use across the board, whether it be schools, whether it be social social service determinations that there is a ban because these are specifically um dangerous to negatively racialist groups and that's black and any other group With dark skin. It has been a long day. I have 30 seconds left, but I am going to yield and I do appreciate you for hearing my testimony.
Thank you very much for19185 your testimony and thoughtful evidence as well. Uh, we'll bring up the other member of the panel joining Mcguinness from BTU
Mr, but it looks like you're muted.
[JOHNNY MCINNIS (BTU):] [HB135] [SB47] There we go. Okay, can you hear me now? All right. We got greetings. Representative Day Senator Eldridge and members of the Joint Committee on the Judiciary. I'm testifying on behalf of the boston Teachers Union. My name is Johnny19217 Mcinnis, the political director, speaking in support of House Bill 135 and Senate 47 and Act to regulate face surveillance. We respectfully as19226 this committee to favorably report this legislation which regulates government use of face surveillance and emerging biometric surveillance technologies in a manner consistent with civil rights, civil liberties equity and racial justice. The boston teachers Union has been a proud partner of the A. C. L. U. S. Press pause on face surveillance campaign. We work with the campaign in boston to ban government use of face surveillance because we are concerned about the use of the technology in our schools. According to a federal government study, many face surveillance algorithm rhythms perform. Moore poorly when examining the faces of people of color as myself, women, Children and older adults. These demographics
overlap with boston, public school students and teachers represented by the be to you. We oppose the use of face surveillance in schools, which would not help participation in school events among immigrant families and parents of color who may fear coming to school events if they think they are being tracked by surveillance technology. We appreciate the Legislature's work to impose some some initial regulations of face surveillance technology established in the police reform law, but these regulations do not go far enough because they do not address the use of the technology in places like schools. We strongly support the House and Senate bills, which would prohibit massachusetts, public schools from using face surveillance technology, students, teachers and school staff must be able to speak to get to school without worrying about that. Their movement is being tracked by bias technology.
The existing law only regulates facial recognition technology when used by law enforcement agencies. It neither prohibits nor regulates when this technology can or cannot be used by other public agencies like public schools or welfare agencies. This needs to change. Large segments of the population may never interact with law enforcement. Still, they would nevertheless be harmed by government use of face surveillance in our schools to address this gap. The bills prohibit all non law enforcement public entities and agencies in the commonwealth from using and possessing this technology except in the limited circumstances established in the bills, they also prohibit the use of facial recognition for surveillance of public spaces consistent with our values as a free society. Government agencies would be forbidden from using our biometric characteristics to track our activities at school. And lastly, it would prohibit government agencies from using biometric software for these reasons and others. We respectfully ask that you favorably report this crucial legislation. We need strong regulations to ensure that government use of this invasive technology does not corrode the trust that is so important to our public schools. Thank you for your attention and consideration. Thank you so much from the boston Teachers Union for your work on these issues.
Thank you Mr McKenna for your testimony. Uh Commissioner Nikonde as well. Uh any questions from members of the Judiciary committee?
Alright, seeing none. Thank you again for your patience and testimony. Move on to the next panel which includes one Cofield from the New England. Second call for Mr Cofield Julie Bernstein from Digital 4th and Haley Uchiyama from Electric Electronic Frontier Foundation
juan Cofield julie Bernstein or Haley Takayama,
[JULIE BERNSTEIN (DIGITAL 4TH):] [HB135] [SB47] I'm here julie Bernstein. Okay, all right ever. Good afternoon share day chair Eldridge and members of the joint committee of the Judiciary on behalf of Digital. Fourth the massachusetts civil rights organization advocating for privacy protections. I urge19475 you to favorably report H 1 35 S 47. An act to regulate face surveillance. This bill ensures that biometrics are not employed by agencies in the commonwealth to analyze video data. Citizens attending a protest19487 teams playing ball at a park, students on a school playground. Individuals researching at the library or attending a church clinic or rehabilitative facility should not have to be concerned that security cameras deployed for the public safety are inventorying their activities. The Supreme19504 Court's 2018 carpenter decision established that warrantless location tracking using cell site location data for more than seven days is unconstitutional because of its potential to quote catalogue every single movement unquote during the recent George Floyd protests reports that law enforcement used facial recognition to identify protesters in multiple cities, Cameed commercial vendors of facial recognition systems to voice concern about the unregulated use of their technology.
In May of 2021 Amazon indefinitely19531 extended its June 2020 moratorium on the use of its recognition software by police. Until appropriate rules are established by Congress, alphabet and google ceo. Send our pick a stressed the need for a regulatory framework to19547 govern the use of facial recognition. H 1 35 S 47 provides a framework by requiring that police obtain a probable cause warrant for a violent felony before employing facial recognition unless there is an emergency involving immediate danger of death or serious physical injury or a need to identify a deceased person. It also guarantees the defendant their right to be informed of facial recognition was used in investigating them. This is paramount and guaranteeing them due process, given the high error rate of facial recognition in identifying people of color and women, as evidenced by three documented cases of black men who were wrongly arrested and by the unjust denial of unemployment checks to many people in need.
During the pandemic, the inaccuracy of facial recognition is increasingly apparent. The UK based independent workers Union recently took Uber to court over its facial recognition19599 algorithm because workers who submitted their cell phone images wrongly have their accounts deactivated after facial recognition software denied their identity. NBC 10 recently reported that massachusetts State Police as well as some local police departments have19614 been accessing Shadow Dragon software, which facilitates police collection of data from social media and other internet sources, including amazon dating apps and the dark web so they can identify quote persons of interest unquote coupling this information with ready access to facial recognition encourages law enforcement officers to question people on the street in the absence of any real evidence associating them with a crime.
We know that the boston Regional Intelligence Center already assigns people to gang databases on the basis of flimsy evidence such as wearing a colour associated with any gang accompanying someone who was previously identified as being a gang member, being a victim of violence or I'm almost done or walking in an area known to be frequented by a gang without constraints on the use19660 of facial recognition technology. Police officers are encouraged to screen video footage and inflate the gang database beyond the 3000, 853 individuals already on it. H 1 35 S 47 only allows mass state police to conduct a facial recognition for another law enforcement agency or federal agency under the same limited circumstances as described by drafting. But if we could bring that to a conclusion, your testimony over the limit. Okay, well, I've submitted written testimony so Fine, thank you. I'm sorry.
No, not all. Thank you very much. Uh is there Haley? Yeah, I'm here one. Are you Go right ahead. All right, thank you a little.
[HAYLEY TSUKAYAMA (EFF):] [HB135] [SB47] Good afternoon. I am here. It's diana and anticipated activists having left and future foundation but leading digital rights nonprofit dedicated to furthering privacy free expression and innovation were supported by more than 35,000 members nationwide, including in Massachusetts. Thank you for allowing me to speak today about our positions on face recognition information, particularly 1840. I
apologize for interrupting were having difficulty hearing you. I don't know if it's because their headphones or what microphones difficult.
Mhm.
Mhm. How is that? Is that better? Much better. Right. I'm so sorry about that.
Um Well, so thank you for allowing me to speak today. We appreciate that you all are taking steps in the right direction to build upon the laws limiting face recognition to better preserve and protect residents rights and liberties. But we urge you to continue to broaden and strengthen this bill specifically at ff. We believe that face recognition used by the government is so dangerous that it must be banned entirely. And we respectfully ask that you consider such a ban on government used to face recognition technology because it enables discriminatory dragnet surveillance and has inseparable chilling effects on essential 1st and 4th Amendment freedoms. A ban would send a strong message as we're expanding the bill scope and basic data protections. The bill currently provides no prohibition on the use of this technology for agencies other than law enforcement. That means there is no check on how these agencies employ face recognition, which non law enforcement officials may access that data, how long that information can be retained or under what circumstances this information can be proactively shared with others. This gap creates real risk. Thousands of face images collected from us residents and visitors were compromised. Sorry, at the border were compromised through Customs and Protection Sub boy sorry, Customs and Border Patrol Sub contractor's failure to control access to the data adequately and unlike with a passport or driver's licenses affected by a face print, database, database breach cannot simply replace their faces to mitigate the harm to their privacy or safety. Um massachusetts residents should not be forced to take on this risk whenever they go to a public school, a park or a medical facility, nor should they have to fear that engagement in First Amendment protected protest activities will be19836 tracked and documented furthermore, even when the law does limit the use of face recognition technology by local law enforcement agencies, it has insufficient enforcement mechanisms to ensure public officials comply with the law. We believe all privacy laws need effective enforcement and that the law is only as good as as its teeth. Most importantly, a person who discovers that their privacy rights are being violated must have a robust private right of action to provide accountability. Face surveillance is unusually harmful because of the scope19864 at which it amplifies already existing biases and the scale at which it provides for the persistent untiring and covert monitoring of our actions and associations and people should be armed with the best19874 tools possible to protect themselves against such a system. In closing, I thank you all for taking a critical look at this particularly pernicious form of mass surveillance. Your state has already been a leader, thanks to the tireless work of advocates there and we urge you again to ban government use of face recognition of other biometric surveillance and certainly not to weaken the bills before you. Thank you.
Mhm. Thank you uh for your testimony and your work is one Cofield with19902 us. Remember that panel.
All right. Not seeing Mr Cofield. Any questions from the committee for members of this panel.
Seeing none. Thank you. Mr Bernstein, A miss Dykema for your testimony, appreciate it. Next will be Jonathan winner from Clearview. Ai
Jonathan Winer.
Okay, Jonathan had to step away. He should be back shortly at 4:00.
Okay. Uh Jonathan Cohn from Progressive massachusetts,
Jonathan Cohn.
[JONATHAN COHN (PROGRESSIVE MASS):] [HB135] [SB47] Yes, you say hi. Um And I will I will be quick and save your time because you've been on here for quite a number of hours here, Jonathan Cohn. I share the issues committee of progressive massachusetts uh statewide member driven kind of grassroots advocacy group focused on making a massachusetts. It's more equitable, just sustainable and democratic. We were appreciative of the work that the legislature did last session and passing police accountability legislation that created better standards for police professionalization as well, stronger limitations on the use of force.
We were very supportive of similar language to H 135 and S. 47 when they were in the original conference bill that the legislature had passed uh last year and we are still very supportive of that language and would recommend a favorable report to H 1 35. S 47. I'll send written testimony that goes into more detail and echo some of the points admit earlier, but I will give you this two minutes. That will save you all this, these two minutes since you've been here for quite a while and I think thank all the legislators in here for their time today.
Great, thank you Mr Cohen any questions from the members of the committee?
Okay, seeing none. Thank you. Next would be jake parker from the Security Industry Association. Thank you. Chairman Parker,
[JAKE PARKER (SECURITY INDUSTRY ASSOCIATION):] [HB117] thank you. Chairman and thank you uh Chairman Eldridge and jake parker with SIA20048 We are a non profit trade association representing safety and security solutions providers, including more than 30 companies in massachusetts and also including the leading developers of facial recognition software. We understand the concerns that people have about this technology, we support policies that ensure all technologies are used20060 only in appropriate20061 ways that benefits society. However, it is a problem with each of the three bills on facial recognition the committee is considering today and that they go far beyond establishing reasonable rules restricting specific applications or20073 even addressing very specific privacy concerns. And they impose a sweeping ban regardless of what the technology is used for in many cases, in any benefits that might be provided in those applications. Also banning advanced technologies is simply not a forward thinking way of addressing them. And we'll have unintended consequences.
For example, the bills would prohibit use that would allow employees to20095 validate their identity to access secure areas and government facilities much like using face unlock on your phone or to provide a touchless interface for reducing Covid 19, House bill 117 relates to private sector. Would ban opt in technology20109 applications that benefit workers and consumers such as speeding checkout lines with contact, less payment security, bank transactions, speeding, hotel check in confirming patient I'd before prior to treatments and20120 health care facilities and providing20122 a touchless interface for work or identification and even devices that assist people suffering from blindness and recognizing friends and others. These applications are voluntary. They're not controversial and they have no connection to surveillance. The primary public concerns about facial recognition related to policing, ensuring20139 it is being used both accurately20141 and not as a sole means20142 of making identification of an individual and investigation and also used exclusively for law and lawful purposes that actually benefit our communities.
The additional prohibitions and restrictions on law enforcement in several of these bills are mostly unnecessary as new guard rails have already been put in place in massachusetts Police reform law that was discussed earlier. And there's some problems with some of those additional restrictions. For example, by limiting searches to photos of adults with the state driver's license or ID. The bills will use, would ban the use of well known technology to help find missing Children and solve sexual exploitation cases. Unfortunately, the rationale for the band's is based in part on misunderstandings about the performance of current facial recognition technology will some older versions of technology have struggled. The claimants inherently less accurate and matching photos of black and female subjects simply isn't true.
The research most cited for this claim which is cited earlier, the gender20195 shades study uh dealt with face analysis, which is not facial recognition software that estimates the age or sex of a person in the photo is fundamentally different than matching photos of specific individuals. This does not result in identification or misidentification. It doesn't apply official recognition. The federal government in this evaluation program is the world's standard for accuracy measurements and we found the recent information for 2021 top 150 algorithms are over 99% accurate across black male, white male, black female and white female demographics without errors. The committee not to advance any of these bills in their current form.
Uh Thank you for your testimony. Mr parker. Any questions from members of the committee?
Alright, seeing none. Thank you again for your testimony.
What from encode20250 justice Samantha Ratna.
All right. Uh Jordan. Men20261 from the massachusetts commission on LGBTQ Youth Jordan men, sorry for the delay. I'm here from encode justice ST
Mhm.
I just told she month. Ratna. Yes, I'm here. Month right now. Can you hear me?
Yeah,
sorry about that. Can you hear me?
I can hear you, Can20299 you mhm shares this audio. I believe we get some audio issues there again with headphones and it's usually somehow debilitating the microphone. So yeah. Uh rana.
[SUMANTH RATNA (ENCODE JUSTICE):] [HB135] [SB47] Can you hear me now? The audience to I'll get yep. All right, well, I would first like to thank the joint Committee on the20325 Judiciary for allowing me to talk today about the serious ethical implications of biometric data and related artificial intelligence algorithms. My name is Samantha right now and I'm the director of technical research encode justice youth activism organization fighting for the ethical use of artificial intelligence, facial recognition technology or effort has been a quiet detriment to the welfare of society. From a technical standpoint, cafferty algorithms have simply not reached the requisite level of accuracy to not cause systemic damage to certain demographics. Take, for instance, Google photos which identified a black person as a gorilla in 2015.
They quickly work to find a solution and ultimately completely removed guerrillas as an outlook people this misleading, misleading incident is a horrible mistake to make, but somebody would wonder why this is significant. This incident highlights the fact that we aren't simply Currently cannot teach artificial intelligence models to reach 100% accuracy with current technologies. This post is serious concerns for applications like the justice system. Police who used facial recognition can not20388 only disparage innocent people who20390 are mistakenly classified as criminals, it can also cause wrongful convictions when cafferty algorithms are used irresponsibly in court. So many argue that police forces can use F. R. T. As secondary evidence and primarily rely on human intuition.
However automation bias, a phenomenon where humans tend to over trust outcomes occurs frequently and subconsciously House Bill 135 correctly limits police use of20414 facial recognition to specific use cases limiting abuse of party. Yet another aspect to note regards the fundamental concept of machine learning, which is commonly used in facial recognition algorithms. Machine learning models attempt to learn optimal predictors based on the provided data. This means that in the context of the law enforcement and judicial systems, a 100% accuracy on historical data does not necessarily represent the perfect model. Instead, the model would learn the systemic biases that have been harming of marginalized communities. The evidence have just discussed solely pretends the role of reliability of current AI systems when taking into account the issues with civil20455 liberties. Additionally, there is an evident need for the urgent passing of these bills. I would urge lawmakers to vote affirmatively for H 1 35 and S. 47 I encourage a favorable favorable report. Thank you for your time.
Okay. All right, thank you. Mr. Rato up any questions from members of the committee?
Seeing none. Thanks very much again for your testimony. Move on again to Jordan me in.
Thank you Sir. Day Can you hear me? We've got guarded.
[JORDAN20490 MEEHAN (LGBTQ YOUTH COMMISSION):] [HB135] [SB47] Excellent. My name is Jordan me and I am the Legislative and Policy manager for the Commission on LGBTQ Youth State here to testify in strong support for House 135 and Senate 47 act to regulate face surveillance. The commission has significant concerns about this technology in general and we were very disappointed20507 last year to see Governor baker watered down provisions in the20511 police reform bill that included safeguards against abuses by this. Technology added. Safeguards are especially important because this technology is20518 very harmful for transgender20520 and gender. Nonconforming folks. Research shows that automatic gender recognition, which is a sub field of this technology, consistently operationalize, is gender in a trans exclusive way and consequently carries disproportionate risk for trans people subject to it.
More often than not, facial recognition. Technology is developed using a binary category system for gender, male and female. Furthermore, this tech tends to have a rigid and stereotypical idea of what male and female individuals look like means20547 that it often miss,20548 identifies people who do not fit the typical or cis normative expectations for gender presentation. As a result, non binary gender, nonconforming and translator individuals are often erased As surveillance begins to rely more heavily on this technology, transgender and non binary individuals or anyone for that matter doesn't get the cis normative gender performance are at higher risk of being misidentified by this software technology, which can often ultimately the harassment or obstruction in public spaces at work or when travelling.
Um, this technology is built on the idea that how people look determines rigidly how institutions and governments should classify and treat them, leaving no space for queerness or any kind of non binary gender presentations. Um, well, it doesn't completely eliminate the risk from this technology. This bill under consideration addresses shortcomings in the current law. This bill is as we've heard very similar to the language approved last year in 2020 before it was watered down by Governor Baker, for instance, the existing law as we've heard regulates facial recognition technology when used by law enforcement agencies but does not prohibit or regulate when this can be used or cannot be used by other public agencies like schools and welfare agencies. And this just needs to change.
Many folks never interact with law enforcement but as we've heard would still be harmed by government use of facial surveillance in other contexts such as municipal buildings, public benefits, public housing schools. And like as we've heard, this bill would prohibit all non law enforcement, public entities and agencies within the commonwealth from using and possessing this technology except in very limited circumstances established in these bills. So in the interest of time will be submitting more detailed written testimony in the days to come. And20649 we thank the joint committee and urged favorable report for this bill. Thank you very much.20655
Thank you. Mr Bean will keep an eye out for that written submission as well. In the meantime, any questions from members of the committee? Yeah.
Alright, seeing none. Thank you for your testimony. Uh We'll move on now to Senator Joan, lovely20674 who I think has been able to address technological issues on her end. Yes. Thank you. Mr 10, 18 10 89. Senator, lovely.
[SEN LOVELY:] [SB1089] Thank you. Chair day and chair Eldridge members of the committee. Thank you for taking me out of order. I'm here to offer my support for Senate 1089 and act to protect unpaid interns, volunteers and independent contractors from sexual20695 harassment and other forms of discrimination as we know unpaid in terms volunteers and independent contractors did not qualify as employees and are therefore not protected by employment laws related to discrimination and sexual harassment. According to a study by the Biele Rudolf Foundation, 82% of women who have worked as interns, no colleagues who have experienced sexual harassment and half of these interns have been harassed themselves. Many unpaid interns and contract workers refrain from speaking out for fear of retaliation includes including receiving a negative recommendation, damage to reputations are being separated from the from the internship or contract work.
The law does not give these employees protection from such behaviours in the20738 workplace. As 1089 would protect unpaid interns, volunteers and independent contractors from discrimination and harassment during hiring training and ongoing work. It would make it unlawful to discriminate based on race, color, religious creed, national origin origin, sex, handicapped, gender identity, genetic information, pregnancy and ancestry, military or veteran status or sexual orientation. It also would hold an employer liable if they knew of or should have known that such discrimination or sexual harassment was occurring. I just want to20770 add one20771 more fact that in the State House, our own volunteer interns are not protected under the law. So I think that this is a is an important issue to study and uh and actually20784 passed this legislation this session. I respectfully request the committee's positive consideration happening. Answer any questions. Thank you.
Yeah, thank you. Lovely Any questions from members of the committee. Alright, seeing none appreciate the testimony. Thank you. Thank you. And uh final call for Jonathan Winer from Clearview Ai
Which will conclude the testimony in H135 Jonathan Winer. Hi, this is Jessica Garrison. I am with you. Let me he is calling in Let me just eric Holmes
Mhm. He is calling in right now.
Yeah,
he's trying to sign in
and if he does not make it, I can uh can give his remarks for him.
Do we see him, Jonathan, are you here yet?
All right. Why don't we uh, you can either delivers remarks or certainly. Okay. He's on he's on Jonathan. We can't hear you.
All right, Jonathan. Hello, there you are. Can you hear me? Yes.
[JONATHAN WINER (CLEARVIEW AI:] Hi, I'm Jonathan M Winer on behalf of Clearview AI where I serve as chief legal officer. It's my pleasure to provide testimony regarding facial recognition technology or F. R. T. I'm from massachusetts. I became involved in criminal justice technology issues while serving as counsel to then massachusetts lieutenant governor john Carey including early legislation to combat computer crime. I worked on these issues further as counsel to Senator Kerry and his US deputy assistant secretary of state for international law enforcement to privilege to be back today to talk with this committee on this issue. F. R. T. Works like a search engine for faces and properly use is an essential tool to protect public safety. Clearview AI has developed a neutral algorithm and database that analyzes publicly available images by crawling the web search engines do every day.
It makes this technology available to law enforcement to identify and rescue victims particularly exploited minors and to help solve crimes. Law enforcement use of independently validated nondiscriminatory technology like Clearview AI F. RT reduces risk to innocent people. It helps law enforcement more quickly identify suspects for a pilot image so they can investigate further. Clearview AI system does not involve surveillance, ongoing monitoring of people or real time identification of anyone. Instead, it helps law enforcement develop leads from photos after an incident occurs. Clear20971 views technology has already been used by over 3100 agencies in the us. Laws limiting law enforcement use of F. RT risk harming victims and enabling serious criminals to escape.
This is especially true20984 for victims of ongoing child abuse who need to be rescued from child predators. R. M. V. And mug shot databases don't capture the range of potential predators and don't include images of the predators with Children. Law enforcement agencies have used Clearview AI technology to identify, track down convict and imprison child predators. Federal agents used Clearview to help identify rioters in the january six attack on the capital. Unlike the mug shot databases, large public image data sets like a clear views or race neutral and only provide results at identical rates of accuracy across all types of demographic groups. F. R. T. Can be used responsibly to protect the public and our common values with appropriately designed guard rails. The issue include requiring F. RT to be based solely on publicly available information and existing government databases.
Since no private information is access, there is no need for a search warrant or court order Requiring accuracy and non discrimination. They should have their accuracy independently verified. We21045 recommend a minimum accuracy standard of 98% is determined by missed for face matches in all demographic groups to ensure nondiscrimination mandarin, mandating record requirements for audits and other important requirement and mandating independent match verification by humans. So the decisions are not made by machines by written testimony. Provides further information on these and related points. Thank you. Mhm. Thanks very much for your testimony. Any questions from members of the committee? Yeah.21078 Alright
seeing none. Uh Thanks for your testimony for those of you hearing what appears to be a zealot in the background of the windows in the state house uh that are drafted and we get some wind. So that's the song you're hearing in the background.
Um we'll move on now to testimony on H. 4151 filed by Representative Sheila Harrington and S 1122 by Senator Patrick O Connor enact relative to21108 bodily autonomy and family integrity.
And we'll welcome julie Boras to come forward from health rights massachusetts julie Boris. Hi, can you hear me? We've got you. Great.
[JULIE BOORAS (HEALTH RIGHTS MASS):] [HB4151] [SB1122] Um, thank you to the committee. My name is21128 julie Boris. I'm a lifelong massachusetts resident. I'm a mother of two and a founding member of health rights Emma. Today I speak on for myself and on behalf of thousands of massachusetts residents who support bodily autonomy and personal liberty and impose one size fits all authoritarian health measures. We ask you to support S 1122 and H 4151. Today I will be submitting a petition with 7331 signatures of massachusetts residents in support of S 1122 as a mother of a vaccine and your child. I know first hand the damage is that it can cause what I did not21164 know then, but I know now is a simple inexpensive cheek swab genetic tests could have alerted us to the fact that our son was vaccine vulnerable, that vaccines could be21174 and ultimately were dangerous for him. These same genes run throughout my whole family. The people that I love the most are at the greatest risk for vaccine injury and death.21186 So we respectfully say, no, thank you.
We focus on a healthy lifestyle and our God given immune system. I like many other people in this country. Just choose a pharmaceutical free life. I don't even take a Tylenol. Some people choose a mix of natural and Western medicine, while others adhere more strictly to Western medicine. These are21208 the choices that we make for ourselves and our families. We make them21212 with our doctors, doctors who should be free to practice medicine without pressure from pharmaceutical companies and government agencies that profit from their products. My body is mine and it does not belong to the government or my employer or my school. And the same is true for my Children for the past many years, special interest groups with deep pockets and skilled lobbyists have been slowly chipping away at the fundamental right to bodily autonomy right now in our public Health Committee and Covid committees, there are multiple bills that if passed would violate bodily autonomy and form consent, parental rights, patient rights, religious freedom. Our child's right to an education and a right to privacy.
These attempts to violate our rights have gone way too far since when did we agree that we would have to ask for permission to be exempt from a liability free pharmaceutical product with death. Death and21276 serious illness and injury listed of side effects, Reports of injury21280 and death from the COVID-19 vaccine over the last one year is higher than all reported injury and death from all other vaccines combined Over the last 20 years. No medicine or modality of healing is one size fits all bills. S 1122 at H 4151, will protect the rights of the people of the Commonwealth to make their own health decisions without coercion or discrimination. We asked you today to do your job of protecting the people of massachusetts from massive government overreach. Apparently we are living in a time where it has become necessary for the people to step up and help help fix what is broken to counter overreaching legislation with protective legislation. S 1122, at age 41, are written by the people for the people. And we ask you to put the people over politics and support these bills. Thank you for your time. Mhm. Thank you for your testimony. Are there questions from members of the committee?
Alright, seeing none. Thank you again. Now we move on now to Gretchen Holland.
Gretchen Holland.
Okay, we'll move to Monica. Grand field. Monica. Grand field
been here, go right ahead. Great things. A lot of buttons currently, just what they can get their.
Okay.
[MONICA] [HB4151] [S1122] Okay, well, thank you for your time today. My name is Monica. Grand Field. I'm the mother of three and I'm here to speak in support of bills. S 1122 and H 4151. Public health policy should never violate Individual civil and human rights. The light of the world's passed in today's culture of medical tyranny. We need to focus on how any medical treatment and bodily impact is a human right to choose. And the Bedrock of Liberty in 1776, Dr Benjamin Rush, a signer of the Declaration of Independence foresaw the dangers of medicine organizing under what he21420 called an undercover dictatorship. Vieira shera holocaust survivor and an advocate for human rights tells us that the stark lesson of the holocaust was that whenever doctors doing forces with the government and deviate from their personal professional clinical commitment to do no harm to the individual medicine can then be perverted from a healing humanitarian profession to a murderous apparatus. My deep and protective religious beliefs do not permit me to Put anything synthetic or unnatural. My body,
I used no chemicals in my daily life for my home. My food is as pure as I can obtain. My primary health is through a natural path of 30 years a choice I made a long ago. My body is my temple to to me by God as he designed it for me. My Children were baptised to be raised in the eyes of God and not the government yet.21470 My oldest was coerced and taking the21472 Balser vaccine in order to attend college And after three trips to the er visits to the cardiologist, neurologist immunologists. nine months later, he is still facing the effects of the vaccine. And we are now working with the natural path to get him back to good health to place medical treatment in the hands of the government. No longer makes it personal and sacred. Instead it becomes a form of enslavement. You tell me how you viscerally feel about the prospect of someone you don't know, telling you or your Children how to treat your body potentially providing21501 no long term information. Unknown safety and worse.
No freedom to choose your path forward. When in this year alone, 13,311 drugs have been recalled sources the FADAboard which I will provide my written testimony. This lack of medical Friedman freedom can manifest in a variety of negative consequences. With this I ask where would you have confidence football does it? Following your trusted relationship with your doctor freedom within your own beliefs and comfort levels or with your bureaucrat that personally has no information on or investment in you or your family. The need to protect our dignity. Medical freedom choice, privacy and the sanctity of the relationship of health care providers and the individual must remain intact. I hope you see the importance of bills S 1122 and H 4151 as they will assure medical freedom and in the name of humanity. I implore you to support these. Thank you for your time and have a happy thanksgiving.
Thank you. Any questions for Monica grand field from the committee. Alright,
seeing none. Thank you for your testimony and21568 patients appreciate both moving on to Tiana Cottony From the Boston Police 1st responders. United
shana Cottony
thank Okay. We'll go to jean. Derderian health rights massachusetts.
Jeanne de Darren.
Okay. We'll move on to Renee arena.
Renee arena.
Yeah.
We'll move down to daniel sites.
Daniel sites. Um, good afternoon. I'm here. Can you hear me? We've got to go right, answer. Super.
[DANIEL SEITZ:] [HB4151] [SB1122] Good afternoon and thank you for this opportunity to testify in favor of Senate bill 1122 and H 4151. My name is Daniel sites and I am a lifelong democrat with 30 plus years of experience in medical education, accreditation and regulation. I'm also a massachusetts resident. There are several reasons why I think this bill should become law. There is no human right more important than the fundamental right to bodily integrity, the right of human beings to exercise informed consent on whether to accept or decline a medical procedure. No governmental entity has the right to force or coerce someone to get a medical procedure against his or21670 her will. That's why this human right is enshrined in the Nuremburg code in other recognized medical codes. This is no accident. The Nuremberg code was developed because of the vast harm that a misguided21681 government can wreak upon its own people by forcing a medical procedure. There are also a number of pragmatic reasons for passing this bill. No two individual body individuals, bodies are identical. A medical procedure that might be effective for one person might harm another.
The idea that any medical procedure will be optimal or effective21700 for everyone across the board is simply not borne out by experience. Also, there are often a variety of potential treatments available that are effective, including for covid. In the case of vaccines, drug companies enjoy blanket immunity from liability for causing harm. This has even been interpreted by the Supreme Court to cover harm knowingly caused. It is manifestly unfair to force an individual to get a medical procedure that is unavoidably unsafe without there being an effective remedy if harmed. The more that governmental21735 entities try to force or coerce people to get medical procedures against their will. The more that people distrust public health initiatives. Many public health officials understand that the only way to get by for any public health measure21749 is through providing information and engaging in recent dialogue right now. People who just last year were deemed essential workers and were even referred to as heroes, are being fired for exercising their right to choose their own medical treatments, firefighters, police officers, doctors, nurses, and many other21768 people in our in our communities across this country.
These firings and also people quitting and response to mandates is21776 having a detrimental impact on the provision of essential services. Moreover, this end. Uh this impacts not only the individual but their families does massive, does the massachusetts. Legislature really want to support mandates that turn last year's essential Workers into this year's Expendable workers. Many things that were at one21797 time considered helpful and even essential are seen later on as being harmful. A good example is DDT once seen as an environmental godsend, but now now discredited, this has similarly happened with many medical procedures Over the course of history. Finally, many drug companies have huge financial resources with which to influence the media and politics. Their interests do not always reflect21821 good public health, health policy or sound medicine. Many doctors and scientists have recognized this. I am now a single issue voter. I am I I vote I will vote for anyone who supports health freedom. Thank you very much for your time and happy thanksgiving.
Uh, thank you for your testimony. Is there any questions or are there any questions I should say from the members of the committee for daniel sites.
Alright, seeing none. Thank you. We'll move on to john Murphy
john Murphy
Hi there. I'm not sure if that's if I'm Andrea Murphy Jones my husband. So I'm not sure if there's if there's another john Murphy on I I I submitted it for me to speak but no, we have to be on the list for Andrew Murphy I'm sorry to take up your time, yep, I just don't want to miss our chance. Yeah, john Murphy from Wrentham mass momentum that's us? Yeah, can I do him. Is that allowed to know? Have you signed up now?21892 I signed up? We both did21894 and he signed up just to do written. I see. Yes we've got you in the list. Go right ahead.
[ANDREA MURPHY:] [HB4151] [SB1122] Okay. Alright. I'll kind of quick. I mean I I think you've heard it and some great testimony for people that are in support of S112 to my son is over there listening to he's distracting me in the background but but some of my reasons I want to sort of take covid I would have the picture because I think that's clouding people's assumptions that everyone's saying oh I don't want this vaccine and that's why um they're trying to protect their medical freedoms. Um There's so many other examples like that's been mentioned just recently. Mass general had put out an announcement that they're not going to use Biogen's alzheimer drug. I think it's all dual helm. I'm not sure how that how you say it because after their internal review they felt that the safety and efficacy and the current data showed that it wasn't, they didn't think it was safe to use.
But that was a drug that has been approved by the FDA. So it's just an example of being able to give people the choice to do what is right for21963 them individually OxyContin would be another example of that. You know, there was a settlement last year. I think you're all aware of that. There was no way to know and keep in mind that this drug was approved for Children. There was no way to know when this was first introduced that it was going to have um, such addictive tendencies and that it was going to cause death and it was going to cause, you know, a lot of a tragedy for a lot of people in our country. So you know, I will touch upon the vaccine. And the only reason I want to touch upon this is because I have a second grader and I'm trying to pore through the data on the FDA website22003 and I'm looking at um, the Eu a specifically says there was a change in an ingredient and the clinical trials were not done on this change in the ingredient.
They just sort of said, well we think it's going to be fine. I can't find any proof that the clinical trial was done with the change in the ingredient but I'm not the one necessarily, there has to find the proof the people that are forcing this really should understand if clinical trials have in fact been done. And for me as a parent, I want22036 to be able to make my own informed decision just because someone is saying, hey, this has authorization. Like I said, we have many examples of things that have authorization that have been um, that have been shown to be um, not the best choice for people down the road. Um, so that is all that we're asking for is not to be, you know, I'm not looking to cause harm to anyone. I certainly don't want to see people die. I don't see anybody die. I just want to protect our rights to be able to make the best informed decision that we can. So thank you for your time. I have a lot more to say22068 but I'll let it go because I know where I'm up at three minutes. Thank you.
Thank you. Mr. Murphy Any questions from the members of the committee. Alright, seeing none. Thank you very much for your testimony. We want now to Hannah King.
[HANNAH KING:] [HB4151] [SB1122] Hi, can you hear me? Thanks. Thank you. Chair Day Chair Eldridge and members of the Judiciary Committee. I'm here to speak in support of two fundamental rights bills. S 11 22 and age 4151. These bills would reaffirm our God given inalienable rights that are protected by our constitution and ensure equitable access to justice. It's clear after witnessing the events of the last 21 months that unless you have the financial means to hire a lawyer or the knowledge to do so. The governing powers of the state will demonstrate an extreme overreach of power to take away our fundamental rights if they see fit. The 14th Amendment provides that no state shall quote, deprive any person of life, liberty or property without due process of law and quote. This includes the right to decline any unwanted medical treatment, test procedure etcetera without facing coercion or discrimination or restricted access to education, employment and travel. These bills are necessary to make it extremely clear within massachusetts law, what the U. S. Constitution has already affirmed. We know that health care is not one size fits all.22157
There are many avenues an individual may choose to explore on their journey of health22161 treatment. That's right for me may not be right for you or may simply you may simply choose to explore different ways to improve your health. But the common theme here is that we both have choices and this ability to choose must be protected regardless. And especially if we do not all agree what is22178 the best road to take for our health, our bodies, our own and our bodily integrity and autonomy, our rights that have recently been trampled on and the disguise of necessary protective health measures. The First Amendment was not put in place to protect the views that we all share by its design and protects our right to share different beliefs and live in a way that we choose for ourselves. This committee has heard many times today about the importance of protecting a person's identity and freedoms to live their lives authentically free of discrimination and hate. Medical freedom is no different. An extremely important when discussing a person's liberties. Medical discrimination is happening in this country and in the state of massachusetts.
I cannot understand why all these people who share the belief that a person deserves to live their life authentically are often so quick to change the rules when it comes to my right to choose or decline a medical treatment for myself and they welcome discrimination, reduced access to education or the ability to provide for our families. The commonwealth must protect its citizens right to choose what is best for their own bodies without being coerced or discriminated against or face a loss of employment or education. The right to bodily integrity is crucial in making an22249 individual truly free. If we lose the ability to make personal decisions for ourselves or for our family, we have lost what it means to be free if we allow the government to decide what must go into our bodies in order for us to access our rights. We are not truly free citizens and this is a massive overreach of power and a display of medical autocracy in the name of public22270 health. 46 states have already introduced similar legislation to protect the rights of their constituents and please follow with the 19 other states that have already passed a similar legislation. The report bills S 11 22 and 4151 out of committee favorably. Thank you for the extra time.
Thank you for your testimony. Questions from members of the committee.
Alright, seeing none. Thank you again for your testimony. Move on to Lynne Greenwood,
[LYNNE GREENWOOD:] [HB4151] [SB1122] yep. Um Good afternoon, thank you for listening to my testimony22308 today. Um I was a constituent that presented this bill to senator O'Connor I'm asking you to support S 112 to H 4151 in medical freedom. This bill would protect against discrimination and works with and supports many of the bills that were brought forward today. I would think every legislators spoke up today protecting against discrimination with 100% support this bill protecting body autonomy. Currently there are students in massachusetts being denied a college education and a hard earned scholarship because of their medical history. This is discrimination were I'm not sure if you're aware that Desi is using coercion by tying vaccination uptake to masking in the schools. It is promoting a non inclusive environment and especially Previously vaccine injured students. My oldest child was injured by the FluMist 14 years ago. He had a horrible reaction after it was administered. I called the pediatrician's office.
They said my and I said my son had a bad reaction and they denied it was the cause. I was advised kids like it better when they get the flu mist because they do not need to get a shot. That is not informed consent and the reaction was on the documented, there's a documented side effect five years ago I suffered severe Lyme disease. My GP in boston testimony for Lyme and arthritis. I tested negative for both and told I was fine I could22389 not walk the lime eventually disabled me from the neck down. I was bedridden for six months. I survived line because of my own determination, helped with functional22399 medicine. Integrated22400 health practitioners, holistic massage therapy, herbal supplements,22404 infrared therapy etcetera. I was forced out by the al empathic medicine. My health care is now 100% alternative medical community and I am thriving during my experiences. I discovered my kids have a common gene mutation that limits our by his ability to detox properly. My family chooses to live mostly chemical free and non toxic. Lastly I have lived in massachusetts all my life.
I started my career at filings22429 basement after college and worked my way up in the company. I was a buyer for many years I was had a successful career travelled work 60 hours a week and I was so proud to be a part of a historic Boston institution. I chose to stop working in my late 30s to raise my kids. I put a little money away to start a business. I have reached that time in my life that I now and I would like to do that. I now face the fear that investing in a business in the state of massachusetts as a risk. I could possibly result in me not being allowed to work and contribute in my community because my healthy medical choices. This is 100% discrimination. So for 20 years I feel our rights have slowly been eroded by Big Pharma. Um we are now awake and we're not going to go away. So please please support this bill and support our right to medical freedom. Thank you.
Mhm. Thank you for your testimony. Uh in Greenwood. Any questions from members of the committee?
Seeing none. Thanks again for your patience and testimony. We'll move on to Michael Busch. Yeah. Michael Busch.
Okay. We'll move to carol langley,
carol Langley.
Oh, all right, Christine Beatty.
[CHRISTINE BEATTY:] [HB4151] [SB1122] Hello, thank you. Committee members for hearing my testimony today. My name is Christine Beatty and I'm here in support of mass bills S 11 22 and age 14 51 to affirm and protect the constitutional rights of personal liberty and bodily autonomy as one of your constituents, I urge you to co sponsor and support this bill. It is critical that we stop the grave constitutional violations that are happening within our country, relative22549 to the enforcement or coercion of people to submit to an irreversible medical procedure. The COVID-19 vaccine.
This bill protects we the people from such infringements on our basic human constitutional and civil rights. It stipulates that every person has the inalienable right to bodily integrity, free from threat or compulsion to accept any unwanted interventions. This bill allows a person whose rights are violated, the right to sue an employer for an injunction against further violations, appropriate affirmative relief and any other relief necessary to ensure compliance. The government is overstepping its bounds in violation of our constitutional right to bodily autonomy as decided in Griswold vs Connecticut 1965 McFaul vs Shemp 1978 And Roe # Wade 1973. In McFAul versus Schempp judge flaherty, provident, Lee stated, forcing a person to submit to an intrusion of his body would defeat the sanctity of the22609 individual and would impose a rule which would know no limits and one could not imagine where the line would be drawn.
Once we give up our bodily autonomy, we are no longer living in the land of the free. What will be next. The Supreme Court has decided that competent adults have the right to refuse medical treatment if they so wish. American law is based on precedent. And it would take significant judicial activism and disregard for president in order to reverse the sheer volume of decisions that affirm the bodily autonomy of american citizens. Because of this mandate, my husband and I both must verify our vaccination status or apply for a legally protected accommodation or risk losing our jobs. This is coercion and it is wrong. I cannot tell you the undue stress, this22657 is put on my family and this is happening. Too many families all across the commonwealth. People are being forced to choose between keeping their jobs and feeding their families or submitting to an injection of the vaccine that they do not want. This mandatory vaccination is destructive to our inalienable rights.
The overreach of power by the US government is reprehensible and fundamentally un american. The government wants22679 to inject something into my body against my wishes and the consequences for not complying are severe. Our country's founding philosophy is that man is endowed by his creator with certain inalienable inalienable rights. And that government is a manmade institution which man has the right and duty to abolish. Should the government become destructive of human rights. Please22699 stand on the right side of history and support this bill by written testimony also contains additional evidence that the vaccines in question are at least questionable and safety and at most dangerous. Please take time to review the latest evidence. Thank you.
Thank you speedy and questions from members of the22718 committee.
Alright, seeing none. Thank you again for your testimony. We'll move on now to uh Angela Macdonald.
Angela Macdonald.
Okay, Mark smith.
Mark smith.
Mhm. We'll move on to Catherine Vandy.
Catherine Vandy.
All right. Susan Marconi.
Susan Marconi.
Susan Murphy right? Not Susan Murphy Susan Marconi. Susan Marconi. Okay.
Uh Jesse Harding. Hi, this is Susan I'm here if you can hear me. Um I don't have Yes, I'm here. I don't have a video22791 screen up. It's just um an audio if that's okay.
[HB4151] [SB1122] Okay, thank you. Um I want to thank the committee and um the chair Day for listening. I am a medical technologist that has worked for over 30 years in health care and laboratory science. I have not only had extensive direct patient contact but have worked diligently in many capacities throughout my career. I've performed thousands of clinical tests on patients and have been on the front lines since the beginning of this pandemic. I'm even a recovered covid patient. I've subsequently had my antibody levels tested in which were extremely high, demonstrating very durable protection.22832 Because of this. I have declined accepting the experimental injection that is unwarranted, unnecessary and unscientifically proven to shown any substantial protective benefit for those who are post recovered and fully immunized. Despite this scientifically solid fact, it was not recognized as legitimate and for this, I have been unlawfully terminated. I am supporting Bill H 4151.
The act affirming and protecting the constitutional right to personal liberty and an inalienable right to bodily integrity. I am also supporting Bill S 1122, which defines that no employer shall terminate an employee solely based on the basis of choosing not to engage with medical treatments. I could go on for a long while discussing the epic scope of egregious, unethical misinformation that has been disseminated by public agencies, touting unfounded disingenuous claims made through singular media channels, pushing this unprecedented agenda, meant to crystallize a fictitious and palatable view of the situation to validate any support however illegitimate for these mandates the simple is the most obvious reason to support these imperative bills today, starting with the United States Court of Appeals for the fifth Circuit case injunction filing by OSHA on 11 21 21 which goes into extensive legal detail outlining the revocation of the mandate measures with an accurate assessment of the abject violations of constitutional law.
If such injunction thus filed and duly recognized shows22924 that the mandate makes no attempt to account for the idea of any workplace susceptibility to the supposed grave danger the mandate purports to address then thusly it must be considered equally for the broader CMS compliance rule for all other workers under law. The bills being presented here offer lawful recognition of these facts. Secondly, the data to deny the obvious ever expanding facts in relation in the following, denounces any legitimacy the state has in not supporting these bills. Currently there are over 100 documented papers files to support natural immunity is being superior to vaccination. Many of these frontline workers should be being hired and not fired for their protective statuses. These bills would validate the legal and scientific directives the law demands. So, I hope you support both of these bills today. Thank you.
Thank you Mr Marconi. Any questions from members of the committee.
Alright seeing none. Thank you again for your testimony. Move on to jesse harder. Okay, jesse harding.
All right. Uh john
Mickelson. Yeah, collision Yes.
Below committee. Can you hear me? We've got you go right ahead sir.
[JOHN MICHAILISZYN:] [HB4151] [SB1122] Thank you. Committee, thank you chairs Eldridge and23019 day. I stand in support of House 4151 and Senate 112 to I'm an entrepreneur. I'm a concerned parent and I'm someone who is um supportive of equal individual liberties in the US. We have freedoms protected by the constitution. Medical freedom is one of them. We have the right to make our own medical decisions to choose the method of medical care. We use this right is being threatened significantly. There's a lot of censorship happening in medical decisions and there are many medical doctors and expert researchers who have been censored. This leads to lack of appropriate debate and research. For the first time, we have turned to policies instead of specific debate and research to solve medical problems. This has not been successful. It's been two years and we still have waves of COVID-19 cases to deal with.
We have, we may have a pandemic but it is no longer a deadly plague. Like the media likes to imply case in point. We have moved from counting and focusing on deaths, accounting and focusing on cases to account cases any long for any other pathogen. When a new variant of the flu spreads, do we consider it a pandemic? It's not by itself deadly. So it does not get the attention of the press. There is a definite split in view point about what the appropriate treatment and reaction to the COVID-19 debates should be. There are highly educated people on both sides of the issue and no appropriate debate and research is occurring. One side is being silenced. I personally know people who have recovered from COVID-19 where they were in the hospital and by using ivermectin and recovered by using alternative treatments.
I understand that there is much denial about its usefulness, but if we were allowed to use it and it didn't work we could just stop. But the choice is absolutely essential. There are many people who avoid conventional medicines altogether, preferring natural and alternative methods. And I am one of those.23147 Why does the state get the power to tell the citizens what medical procedures they must participate in? I don't remember ceding that authority to any elected official or any medical practitioner. The state is engaging in an illegal and unconstitutional mandates which can only be characterized as immoral and23168 deplorable. I will decide through informed and peer reviewed scientific verification affects what medicines to take. Again. I rise in support of 41 51 and 11, Thank23183 you very much.
Thank you for your testimony. Questions from members of the committee.
Alright, seeing none. Thank you again sir for your testimony patients. We'll move on23197 now to P. J. Zafirovski, You said that perfectly. Hi,
my name is uh
[PJ SZUFNAROWSKI:] [HB4151] [SB1122] I'm a vaccine injury survivor of 30 years and I still live with the consequences of the injuries I received from the vaccines that I took. I support the health freedom bills before us today. Medical mandates are discriminatory unjust in23224 a violation of our civil and constitutional rights. We are a country founded on individual liberty and massachusetts should be leading the way to protect the sovereignty of the individual in regards to medical treatments of current concern. Both our state government and various businesses are mandating covid 19 shots. This is not good policy particularly because the C. D. C. Currently acknowledges that both vaccinated and unvaccinated individuals are equally likely to spread covid 19 and many people already have natural immunity from recovering from covid 19.23262 More concerning adverse reactions to covid shots are more common in those who have recovered from the illness. And just this month, new clinical data was presented in boston at the American Heart Association's annual conference detailing how M RNA Covid vaccines dramatically increase all heart conditions resulting from the sudden reduction of blood flow to the heart.
That is on top of the high numbers of very serious adverse events that have been mounting in the government's own vaccine adverse events database adverse reactions such as thrombosis, heart attacks, stroke, which are resulting in hundreds of thousands of cases of severe disability as well as death. These bills also protect treatment options currently mds are successfully using long approved FDA drugs with very good safety profile such as Ivermectin to treat covid 19. But Mds here in the commonwealth are under threat23317 of losing their licenses if they prescribed Ivermectin to treat23321 covid 19 and are prescribed and so are prescribing pharmacies that fill a prescription. Other states have taken measures to protect the sanctity of a patient physician relationship and the right of the cognition to use safe available FDA approved drugs off label. In accordance with their clinical judgment, these bills would protect everyone's right to choose without discrimination, to avoid unsafe vaccinations and to23349 choose safe treatment options. I will email23352 my testimony with links to support what I have stated here. Thank you so much for your time and I hope you all have a very happy and healthy thanksgiving.
Thank you very much. Any questions for P. J. Karnowski.
Seeing none. Thank you very much for your testimony. Moving on to Gabriella metabolism
it's time. Um Gabriella McKay. Alison,
[GABRIELLA MICHAILSZYN:] [HB4151] [SB1122] yeah, I am I'm a parent in Westfield and I have two Teenage Boys. One is currently in college at Springfield Technical Community College And the other one is a junior in23409 high school. I am very concerned about23412 mandates that are have happened at the community colleges for this upcoming semester. My son was injured when he was young and he was diagnosed as autistic when he was three and we have worked through that without the help of the medical community because they did not have any answers. We worked through it through the help of the natural alternative health community and I was a computer programmer at that time. And because of the amount of research that I have done. I am now a natural health practitioner. I have studied and gotten into that field because of the large need for natural health. I do not believe in conventional medicine and I have seen it harmed23467 or fail a lot of people. Mhm.23474
23474 When looking at this pandemic, what23477 I see is that real science can handle questions and any23483 questioners have been silenced and that leads me to believe that there is more than meets the eye and individuals because of that need23494 to have a23495 choice in the matter. Mhm. Another piece of this that was alluded to was that some there are genetic issues for families that cause vaccine injuries with the chemicals in the vaccines. Those people know that there's harm to their families and if things are mandated, that's just one example of what what kind of position are we putting them in And as a state, can they, can they justify staying in massachusetts or should they leave for a state that will protect them?23537 Okay. Mhm. It's one more question that I have in regards to that is about the true risks of Covid are not being talked about as far as what people can do with early treatment and vitamin D.23559 A. Deficiency and vitamin D. Is a very high risk. If you get if you happen to catch Covid. That's a there has been very many studies in that. So I ask you to support this bill and pass it out of committee. Thank you.23576
I thank you for your testimony. Any questions from members of the committee? uh seeing none. Thank you again. We'll move on now to john jeffries.
John on Jeffrey's.
Okay. Jacqueline Pelletier,
Jack Will and Bloodier.
Mhm. Mhm. I've been told that23616 Angela Macdonald has been able to log on. Angela Macdonald President.
Yeah. Uh I think you're muted. Can you hear me now? Here you are.
[ANGELA MCDONALD:] [HB4151] [SB1122] Thank you. Thanks. Um so thank you. Chairs and vice chairs and members of the Joint Committee on the Judiciary. Um the theme today has been discrimination. So I want to keep that in mind as I give my testimony. My name is Angela Macdonald. I'm a registered nurse and I've been a nurse for 18 years. I urge you to support these simple common sense bills. S 1122 and H. 4151. And in doing so you will confirm your belief that no one must be forced to take a drug or have a medical procedure against their will. I was recently23666 terminated from my position as a private home care nurse because23669 I said no to having a drug injected into me, a drug that does not prevent transmission of a pathogen to others. I'm healthy, willing able and ready to work. I love my job and I love my patients. I practice universal infection control precautions. Always I am very concerned about the ethics of forced medicine.
As nurses. We have a code of ethics that we must follow violating this code of ethics can result in sanctions and termination. Some important points from the nurses code of ethics are the nurse in all of her professional relationships, practices with compassion and respect for the inherent dignity worth and uniqueness of every individual, unrestricted by considerations of social or23721 economic status, personal attributes or the nature of health problems. A nurse's primary commitment is to the patient. The nurse promotes23730 advocates for and strives to protect the health, safety23733 and rights of the patient. The nurse owes the same duties to self as to others, including the responsibility to preserve integrity and safety. Nurses are not abiding by their code of ethics. We have a patients bill of rights that is being trampled on as we speak. The patient23752 has the right to be treated with respect the right to privacy of his medical records, including medical status, the right to make a treatment choice, the right to informed consent and the right to refuse treatment.
This overreach does not only concern current covid measures. For23769 example, a recent issue of the atlantic monthly cover titled The Last Children of Down syndrome. Prenatal testing is changing who gets born and who doesn't. This is just the beginning. This is eugenics. Will prenatal testing become mandatory or coerced to save the taxpayer money. Well, the tests be accurate. I spoke to three women who were high risk for Down syndrome and they tested likely to have a Down syndrome child. All three women chose to carry the child to term and all three babies were healthy and without Down syndrome, I do not provide misinformation and I will link to sources in my written testimony. We must pass these bills to protect us from this growing overreach of pharmaceutical and government interests. Thank you for listening.
Thank you for your testimony. Will keep an eye out for the written submission as well. Any questions23826 from members of the committee? Yes. Alright, seeing none. Thank you again. And we'll move on now to Paulo up Matthew.
[PAULA MATHIEU:] [HB4151] [SB1122] Yes. Good afternoon.23840 Yeah. Thank you for being such a gracious host today. When it comes to our health, everyone has a story to tell. Maybe it's not our own but that of a child or spouses are close friends and even still many of us are in a fight for our lives and are thankful for having the best and hospital care just beyond our doors. I myself won my battles with breast cancer and I am grateful for the incredible surgical team that took care of me. I wholeheartedly believe that surgical teams as well as trauma teams are essential in caring for people in today's world. Whether we've gone through it or not, we all know the cancer protocol, cut it out, get radiated, take chemotherapy and hope and pray for the best for me, radiation and chemo. We're not in my vocabulary. So the following year, when I received a second diagnosis of a different breast cancer, I made a choice to battle it holistically. You see, I believe that given the proper nourishment and care, the body will heal itself. Our immune systems are God given and being that God is23910 perfect. No one, not scientists, not doctors, not politicians can top it.
Nevertheless, it's my responsibility to get the proper nutrients rest and meditation to help in that process of healing my responsibility. This protocol. I avoid all pharmaceuticals. I want my battle. It's been more than 11 years. And thank God I'm healthy. I don't experience any drug-induced side effects from Chemo. I don't contend with brittle bones from radiation and I don't need to take a drug for the rest of my life. I took control of my health and found a treatment that worked for me, a treatment that I had faith in. So this is my story and you have yours. Our stories are not the same. Nor should they be we are all different. And with those differences, we should and must have the right to choose our own paths towards healing. If telepathic medicine works for you, then you have that choice. Don't take away my choice. Having choices is called freedom. And it's not just a constitutional right. It is a God given right to have an uphold bodily autonomy and individual freedoms. Let us not get mired in the politics are blinded by fear nor driven by greed that is out there. Instead, let us all agree to affirm these inalienable rights by supporting bills. S 1122 and H 4151. Thank you.
Thank you for your testimony, Miss Matthew. Any questions from members of the committee?
Seeing none. Thank you again. Move on now to Tatyana Vasquez.
Tatyana Vasquez,
thank you. All right, Margaret McGrath,
I'm here. Thank You. I just wanted to say this is a very important matter. I know you've been listening all day. I hope that you can hear24041 are stories. My name is Margaret McGrath. I'm a master's prepared RN who's most passionate and proud of my profession for over 40 years. I worked as a professor of nursing at a local college. This january, I will lose my beloved teaching job due to the college vaccine mandate. This fall, I witnessed countless patients being admitted to the hospital with covid a large portion of them fully vaccinated. It spurred me to spend hundreds of hours researching numerous scientific data and looking at this M. RNA therapy. I as a nurse um educated to look at the efficacy and safety of a drug but right here right here in massachusetts this summer after an event, there was an outbreak of 469 cases of covid 19 in a town in Barnstable county. Approximately three quarters 75% of the cases occurred in fully vaccinated persons. This is on the CDC website. The CDC website also states that currently the delta variant accounts for 99.8% of all covid cases and people infected with the delta variant, including fully vaccinated people can transmit the virus to others. Although the vaccine decreases hospitalization, this vaccine has not proven to be24115 effective in protecting people from the virus nor in the prevention of its transmission. I ask you, why are people losing their jobs and professions over a drug that simply is not doing what it has promised to do? My daughter has followed my footsteps and nursing and after a rigorous education, she started her nursing career just prior to the pandemic. When most of us stayed tucked at home safely. She worked at a massachusetts Medical Center, caring for the sickest of sick patients with minimal protective equipment, reusing gowns and gloves. And during that darkest days in masks and during those darkest days of this pandemic, she was frightened of being exposed to a virus. We knew so little about and even worse, exposing her small Children to the same virus. She subsequently developed24163 covid as did her husband. But I will never forget her bravery conscientiousness, her grace and strength. During that time flash forward a year, that same hospital for which she was so dedicated to has now terminated her for not receiving the vaccine. They gave no consideration to her natural immunity to the virus. Something which has been proven to be robust and more effective and longer lasting than the vaccine. They denied her bona fide religious exemption not offering any alternative. So here is this bright, enthusiastic24195 young nurse who is facing an end to her career due24198 to a medical vaccine mandate, please please help protect employees against unfair termination. Support the bills H 41 51 support the countless people in this community that are having their livelihood stripped away from them. Please help protect our medical freedoms by supporting us 11 22 and help ensure the hardworking people of our commonwealth are protected, something in which our forefathers fought so hard to observe. I thank you for the opportunity to tell my story.
Thank you for your testimony. Any questions from the committee.
Alright, seeing none. Thank you very much. We appreciate it. Uh Jessica Lane,
Jessica Lane.
All right, we'll call Valerie O'Connor
Valerie O'Connor
Mhm. About Susan Murphy
Hello, Hi, I miss Murphy Just a moment before you get started I'm going to step away for a few brief24272 moments and turn the hearing chair over to my friend and colleague has been with us the whole time. Chair Eldridge and I'll be back momentarily. But please t miss Murphy Thank you. Okay, thank you. Uh Good afternoon. Uh My name is Susan Murphy and I'm a licensed mental health counselor, licensed alcohol and drug counselor. Uh as a massachusetts residents,24294 I'm asking you to support us 11 22 in H 4151 After starting a new job this year, I was informed that all new employees would have to be vaccinated against COVID-19. And due to my prior severe reaction to a vaccine, I now have multiple auto immune issues including pericarditis. So um my doctor had given me a medical exemption letter which was accepted by my work, but I was told recently that I would have to be tested weekly. I mostly worked part time from home and I'm not in the office often literally once every few weeks and usually to just pick up and drop off mail. Regular weekly testing is not feasible, especially if I will be forced to pay for this or be charged by insurance, extra fees. Um I also don't believe that the tests are safe and do not want to be subjected to them for multiple reasons. Um because my job is transitioning back to only in person work, I'll eventually lose my job if I don't comply.24355 Uh This year I was supposed to get another surgery on my hand that involved an injection of lidocaine in the doctor's office. And however, um I would be required to get the covid test before going back into the office the same office that I had only been in a few days earlier. Um that without a test but now I had to get a test in order for them to inject lidocaine in my hand. So I refused the medical treatment because I'm not willing to be forced to get an unnecessary test. Um And uh so, um, I feel it's a violation of my right to bodily autonomy and to make decisions for myself medically regularly. My right to medical privacy is violated. I've had to disclose my medical information to multiple individuals at work to explain why I'm not allowed in the building anymore, including even in the parking lot. Um, uh, I've had non medical personnel questions about whether I'm vaccinated or not. I was told that a health care facility that making, um, that if I didn't tell the stranger at the front door, um, what my vaccination status was, I would not be allowed to get in the building or see my doctor at all. Um, when I told him it was a violation of my hippo rights, they let me in. But as an unvaccinated person, my rights to travel, enjoy forms of entertainment. Go into stores and other public places are starting to be restricted and it's a violation of my constitutional civil liberties and by forcing medical treatments on people and segregating unvaccinated people from society, many who are minorities and marginalized groups. It's starting humanity to go down a very dangerous, slippery slope into an abyss that we may not be able to come back out of when the government starts allowing people's livelihoods and basic necessities of life to be stripped from them in order to coercive, force people to vaccinate and get tested. You must ask yourselves if this is morally and legally acceptable. Thank you. Thank you so much. Any questions from the committee? Thank you so much. Thank you. The next person we have is Deb race. Race
served. Deb race here.
Okay, next person is a Nisa Anisa from Worcester
Um Isa from Worcester
Okay. Next person jennifer gallant, jennifer gallant,
jennifer Gilot.
Okay next person excuse me. Dr cora Stover from the Emerald City Health Association.
Dr cora Stover.
Okay uh Jin Zoo from Belmont. Jinzhou Yes I'm here. Mhm. Yes, good evening. Hi, good evening. My name is jin and I am testifying in support of bills S 11 22 and act relative to bodily autonomy and family integrity and H 4151. I am a naturalized U. S. Citizen and I am thankful every day that I live in America and not china. The country where I was born Because there are no freedoms in China, especially human rights freedoms and medical freedoms. So when I was born in the 1980s China implemented the one child policy and pregnant women were forced and coerced to get abortions if they became pregnant with a second child. So for example, you will be terminated from your job for having a second child. Does this sound familiar at all? Theresa events where people are being terminated from their jobs for not taking the covid vaccine. I think so. So in in the past months I've seen the rights and freedoms of americans being stripped away through medical discrimination clubs and venues no longer allow unvaccinated fans to attend concerts, restaurants no longer allow unvaccinated patrons to dine inside And medical professionals and first responders are being terminated for choosing not to be vaccinated. Um 100 state police officers out of about 1000 are being terminated as a result of Baker's mandate. It doesn't even matter why someone chooses not to get the vaccine. It could be religious, it could be medical personal belief or natural immunity from prior infection wherever there is risk, there must be a choice. Otherwise we are embarking on a very dangerous, slippery slope that sets the precedent for future restrictions on our basic human rights. If we continue to allow these discriminatory policies to continue unvaccinated people are already being refused medical treatment by being kicked off organ transplant lists or refused from doctor's offices. I fear for what will happen next will unvaccinated women be forced to get abortions just like what happened in china. Do you see how dangerous this precedent is? So please I ask you for your favorable support of bills. S 1122 and age 41 51. Thank you so much for your time. Great, thank you very much for your testimony. Are there any questions from the committee? I do not see any. So thank you so much. The next person we have signed up to testify is marty Levin marty Levin.
There are Markey Levin.
Okay, next person signed up to testify is Carey Montgomery. Carey Montgomery.
There are Carey Montgomery. Yes, I'm here. Can you hear me? Yes, yes, please go ahead. Ok, thank you. Good afternoon. Good evening now and thank you for allowing me this opportunity to speak. My name is Carrie Montgomery. I live in Attleboro. As a lifelong resident of Massachusetts, I'm asking you to please support S 1122 and age 41 51. We heard powerful testimony today about not tolerating discrimination of any kind in the commonwealth. That same principle needs to be applied to protect people from discrimination based on their medical decisions. Medical decisions are often deeply personal and reflective of each of our own unique bio individuality. In fact, I believe many of us would agree that the key to success in health care is individualized care based on your unique health and medical history. These bills ensure that no one can force anyone else to undergo a medical procedures or treatment without their consent. Recently, I was told I would lose my job of over 20 years in Massachusetts if I didn't comply with a mandated vaccination despite being a remote employee for eight years and counting everyone needs a job in order to put bread on the table and it should never come down to having to undergo a medical procedure in order to retain a salary to live. I'm not the only person in this situation as we've heard medical professionals jobs across massachusetts are also under threat. This is egregious are essential. Workers showed up for work throughout the pandemic. When everything about this virus was entirely unknown, they were literally putting themselves on the line, risking everything to care for others. Now, they're being told to be fired if they don't undergo an unwanted medical procedure. These bills are especially needed because some employers, like certain hospitals in massachusetts, are rejecting all exemption requests, whether the employees, a cancer survivor, a pregnant person or someone trying to get pregnant or of sincere religious beliefs, exemptions are being blanket denied. This leaves employees with the horrible choice of either allow an unwanted intrusion into their body or lose their job. Massachusetts cannot stand for this unethical coercion and flagrant discrimination. S 1120 to protect employees from any form of discrimination or retaliatory action because of private health choices. Workers have always had the right to accept or decline a wide variety of medical interventions without fear of coercion from their employers. Please uphold this right age 41 51 protects residents from other punitive measures, including threat of non admission to schools, colleges, sports or concert venues. These discriminatory practices are anti american and would create a two tier society. Age 41 51 ensures that such discrimination will not be tolerated in the Commonwealth. The need for these bills as urgent as we face unprecedented threats to our freedom liberty and bodily autonomy, but they go beyond the current mandated vaccines. They protect us from future discrimination and coercion from medical invention, interventions in the future that you yourselves or someone else that you love may not want to get. It doesn't matter what the medical procedure is. As the first principle of the Nuremberg code states the voluntary consent of the individual is absolutely essential. Please favorably report these bills to affirm and protect a fundamental right to bodily autonomy and personal liberty. Thank you for your time. Mhm. Great. Thank you so much, Miss Montgomery for your testimony. Any questions from the committee? I do not see any. Thank you very much. The next person we have listed as Alyssa Colburn. Alyssa Colburn.
Hello, can you hear me? Yes, yes. Please go hide. Thank you. Good evening. I would like to voice my support of Bill S 11 22 and act relative to bodily autonomy and family autonomy and also its companion bill in the House age 41 51 act affirming and protecting the constitutional right to personal liberty. Over the past few years, there has been a major attack on medical freedom and parental rights in the state of massachusetts and in many other states, arguably the entire world, my family has felt as though we are being targeted because we belong to a minority group of people who choose a holistic lifestyle that also aligns with our religious beliefs. We believe that in God's image, we have been created perfectly and do not need to be injected with toxic ingredients aborted fetal tissues or animal parts to maintain health. These pharmaceutical products have the potential produced to produce life threatening side effects. And the companies that manufacture these vaccines or injections are exempt from liability where there is risk, there must be choice. Our choices have resulted in our Children being extremely healthy and we are proud of the informed choices we have made for their health and well being due to these parental decisions. We have been threatened bullied and coerced by medical providers and even kicked out of medical practices. We have been refused medical care and true informed consent. As of recently, our Children's primary care physician refused to make accommodations for religious belief against masking our Children. Our Children have been to the doctor's office each only once for sick visits in their eight and five years of life, but they were refused a physical exam required for summer camp because our family does not believe in masking our Children. Our Children are healthy and pose no risk to anyone. As a prior mental health worker and early childhood educator, I wholly understand the emotional emotional social and developmental implications of masking Children. I personally suffered panic and anxiety attacks because of trying to grocery shop while it was required to wear masks. After the two weeks to slow the spread, I made a choice to no longer wear a mask in stores reserve my wellbeing. I did this knowing that the science has found that cloth mask, you're under no benefit. The only mass that can prevent transmission of the covid particle of 0.1. Microns would be an n 100 many victims of sexual and domestic assault or abuse struggle to wear masks. I was often harassed and bullied in the stores by shoppers and employees when I was making a decision that was best from my health. I'm cautious. I stay home when I'm unwell, I wash my hands and I eat well and use supplementation to stay healthy. This is another example of where there is risk. There must be choice. Mass mandates are unconstitutional and infringe on our civil liberties and our right to bodily autonomy and we are now homeschooling our Children to keep them safe from this masking. Um, I'm also home schooling my Children while pursuing a master's of Science myself. Um, My husband has been forced to wear a mask for hours a day, so and he doesn't want to do that. So I just ask that you support bills 1122 and 8451 so that families like mine are no longer discriminated against. Thank you. Great, thank you so much appreciated. Miss colburn any questions from the committee? I do not see any. Thank you so much. Uh, next person signed up to testify is mary Sullivan mary Sullivan
is there a mary Solomon. Yeah. Uh next person sign of testifies julie Didrikson julie Didrikson.
Sarah julie Didrikson.
Okay. Next person signed up to testify is Ashley from Milbury residents stand up. Ashley from Milbury. Milbury residents stand up. I'm here. Can you hear me? Yes, yes, Pease Glad. Okay, thank you.
Thank you. Chairperson Day and ladies and gentlemen of the committee for the opportunity to speak today in full support. I am in full support of House Bill 41 51 act on affirming and protecting the constitutional right to personal liberty and Senate Bill 1122
as relative to bodily autonomy and family integrity. My name is Ashley Cavagnaro. So I am the mother of three elementary students whom I'm currently homeschooling. I believe that the government does not own our lives or the lives of our dependence. There is no one size fits all medicine in each individual has their own medical history diagnoses and health needs that need to be taken into consideration. I am asking you to support these bills H4151
in S 1122. For individuals to have the right to make both personal and medical treatment and procedure decisions. We are currently living in unprecedented times with mandates of masking
which is by definition a medical device or vaccinations for individuals to attend work or for Children to attend school or extracurricular activities. It is unlawful to terminate employment or to tell our Children that they are not entitled to a free and appropriate public education based solely on individuals. Medical decisions ensuring equitable access for to justice for all is imperative to prevent discrimination against individuals and against our most valuable and vulnerable are Children. Affirming that a person's fundamental right to privacy to travel in speech should not be infringed upon to impede the making of decisions for themselves and their dependants. Please consider supporting Senate Bill 1122 and House Bill 41 51 to keep all medical decisions in the hands of the individuals as much as possible for both the individual and our dependence. Thank you for the opportunity to speak today. I really appreciate your time and have a happy thanksgiving. Okay great thank you so much. Mr Kavanagh russo. Happy thanksgiving to you as well. And any questions from the committee members. I do not see any. Thank you so much for a testimony.
The next person assigned to testify is Michelle free from B. A. K. Michelle free.
Sarah Michelle free.
Okay uh next person signed up is Cindy King. You know. Is that Miss Free? It is. How are you? Good. Yes. Please go ahead. Thank you. Thank you for listening. I'm a lifelong massachusetts resident. Um I'm here to speak today in support of bills S. 1122 and H. 4151. I had my life and future ruined by a medical choice encouraged by a physician. The approved medications that I was encouraged to take at 16 years old. Are now looked back upon as highly over prescribed by the C. D. C. and have caused irreversible harm via an opioid epidemic that killed more than 100,000 people last year alone. Um My involvement with opioids also made me involved with illegal drug activity and directly to being a victim in a armed robbery. Um made by masked men with my resulting anxiety condition being judged on a day to day basis pertaining to masks being worn. I am now watching medical choices be not just suggested but forced in the name of some arbitrary common good. It is frightening to watch our leaders not find more reasonable ways to deal with the contagious illness than by forcing workers and people to choose their bodily autonomy or income enforce mandates that push people to lose trust in our government bodies. I find it startling to listen to all of these human rights bills brought forth each of them very important in their own right. none of those are safe without your support of Bill S. 112 to it confirms rights we are already born with as U. S. Citizens. These rights should be already being enforced. No one should have been pushed to violate their body or beliefs for a medical choice for any reason.
Um Excuse me. It is culturally insensitive and dangerous to ignore groups who may make different medical choices than the media narrative is pushing Human dignity is at risk when one has to choose, there is active discrimination being taught to our Children when schools use masking as a bargaining chip to force families hands with vaccinations. First, I am a mother. My son's deserve to make their own future medical choices. They must be protected and they must be guaranteed the choice when they learn the choice when they work in the choice to live freely with those choices. My sons have seen the darkness of humanity over the past two years. Uh, they are told that their own bodies do not matter compared to the bodies of others. They were told not to believe what they felt or saw with their own eyes and we have to do better. Please support these bills to allow parents the dignity and caring for their families. I am also here speaking as a member of back and another large group that advocates against child abuse and the protection of our already established fundamental rights to speech, privacy, travel and living by our beliefs. It is already afforded to us under the US constitution. It is being threatened by heavy handed policy that will change our society to a culture of coercion. This is very frightening for those that advocate for Children because we cannot give them the right world without medical freedom. Thank you so much for listening tonight.
Read mystery. Thank you so much for your testimony. Appreciate it. Any questions from the committee members. I do not see me so thank you so much. The next person we have signed up to testify is Cindy King Cindy King.
Cindy King here.
Okay. Next person signed up to testify is Elizabeth Machado. Elizabeth Machado. Cindy's on. All right. Tell me
he's king.
Just things that you.
Mhm.
Yes, I'm you
Miss King. Can you hear us? If so? If you might want to a mute.
Okay, Miss King, we can't can't hear you. Will see you now. Um Elizabeth Machado. Elizabeth Machado. I am here. Can you hear me? Yes, please go ahead. Ok. I don't have video just because my my phone is overheating. So my name is Elizabeth Machado and I am a paramedic and instructor coordinator and I'm losing my jobs over an unwanted medical procedure. I am no longer essential. I'm urging you to support health freedom bills. S 1122 and H 4151. Both these bills reinforced some important documents. Our forefathers left in our possession, one of the documents. The constitution gives power to the state and is now our time to take back our freedom People's individual rights. Absolutely supersede social safety. The current medical freedom. Overreached coercion and discrimination and attempts to make mandates law have no place in massachusetts. It is time for the state to use all measures to thwart tactics of medical free freedom suppression. The founding fathers believed that natural rights are inherent in all people by virtue of being human and that certain of these rights are unalienable, stand firm in my faith and believe that medical interventions, including vaccines are not the authority of the federal government or state. And our our natural rights. Unfortunately, the residents of massachusetts no longer feel safe. Many are preparing to leave including health care and many have already been fired. I know with 100% certainty that without change, healthcare will continue to fail. E er waiting room times alone average about 12 hours and some seriously ill patients are not able to get assistance in a timely manner. Critical staffing including ambulances have forced med flight to transport patients to hospitals in other states. And what should be a 20 minute turnaround for me is now taking about 40 minutes, delaying 911 ambulance clear times to road coverage. This overreach and this overreach and abuse will also cripple our education systems. Most of my students stated they were glad they enrolled when they did. Many won't continue to pursue the medical field and unfortunately a lot of them dropped out. Parents are pulling their Children to be homeschooled with that being said, teachers will continue to lose their jobs and institutions will continue to suffer with low enrollment rates if we don't make a change. Many exemptions allowed under Title seven are being denied stating undue hardship. We are being denied our right to religious and medical freedom and honestly, any conditional offer that includes an unwanted medical procedure or be terminated is inhumane. We are not animals and we don't deserve to be threatened and if we comply, our reward is that we get to feed our families and have a place to live With. That. Being said. I also support Bill H1536 because of my sincerely held religious beliefs should be accepted. Please also see my written testimony. Uh just to reiterate, I'm not anti fax. I am pro health choice and my apologies for no video today. And thank you very much Committee members. That has been a long day.
Thank you Miss Machado appreciate your testimony. Are there any questions from the committee members? Do not see any. Thank you so much. And I'm seeing someone who was on the list little earlier. Mr Mark smith. Mark smith.
Okay. Hello there sir. Yes. Hello. Please go ahead. Thank you for your time senator. My name is Mark Smith has earlier stated. I'm currently a sergeant with the massachusetts department of corrections. I've served the department for 16 years loyally on september 10th I received an email from the human resources division informing me and my fellow staff that we were to receive the covid 19 vaccine by october 17th. If we did not receive vaccination, we would need either medical exemptions or religious exemption. The request forms were provided to us. Shortly after receiving this notification, I spoke with my superintendent and I informed him that I did not intend to get the vaccination On September 11. I went to a CVS MinuteClinic and received the COVID-19 anybody test establishing that I have natural immunity as do the vast majority of my co workers. Um
On september 18th I sent my religious exemption requests formed carol thomas. The director of diversity for the massachusetts D. O. C. The only director of diversity as well as the director of step development. One of my immediate supervisors being that I was the institution training officer at the time. On Tuesday September 21, my superintendent relieved me of my duties as the institution training officer, citing that he could not have any correctional staff working directly for him who are not vaccinated and or did not intend to get vaccinated. On September 23, I participated in a phone interview with Carol Thomas. The director of diversity. And on September 27 Carol Thomas. The director of diversity approved my religious exemption request form on september 29th. Two days later I filled out and submitted a hrd attestation form stating that I had received a religious exemption days after submitting the attestation form, I heard rumour that carol thomas, the director of diversity had been terminated from employment with the department. I found it interesting and disturbing that the director of diversity, a black female was terminated allegedly for being diverse and issuing approvals for religious exemption requests.
She was in fact terminated for being diverse. We did verify this. On october 13th. I received a letter issued to me on a D. O. C. Letterhead. There was no author listed on this form and there was no signature at the bottom. It simply stated that my religious exemption was issued in error. On October 25 I was suspended. I have since gone to commissioners hearing as have many other correction officers at this point in time and many of us are either currently serving our suspension or are now in the process of being fired. I have been notified as of this past friday that I have two weeks left before I get fired. Ryan Could you please come here for a second. Mhm.
Senator I would just like you to see this is my son and I'm trying to teach him good morals and ethics and to fight for what you believe, what the state is doing to all of us as state employees is wrong. It's unethical. It's immoral, it violates the constitution, it violates everything we believe in as americans. Please please do what's right.
So mr smith, thank you so much for your testimony. Really appreciate it. Glad we could get you in to testify. And are there any questions from the committee members? I do not see any. So thank you so much sir.
The next uh person sign of testifies. Carly downs. Carly downs
so there Carly downs here. Yes I am here. Yes please go ahead. Hello, good evening and thank you for your time today I am a massachusetts resident And I support bills. S 1122 and 41 51 to protect bodily autonomy and personal liberty. There are many examples throughout american history where the people's rights were violated. Those violations were wrong in the past and they are wrong in the present time. These bills not only protect the current generations, but many generations that are to come in the future. They deserve to be born with the same rights and freedoms as I did before Covid. I personally have lost work and other job opportunities to sustain my livelihood as well as critical knowledge and training in my field to build my career and established the future so I can grow old and have a family. Someday I submitted a religious exemption to my employers. But despite my exemption, I was denied work from my current employers as well as new ones because I'm not vaccinated. I've been given an ultimatum to get my freedom back my body. My choice correct? Why is covid the exception and why am I vilified from my personal beliefs and choices since this unconstitutional enforcement, I have been shown by family members and harassed by co workers because I'm not vaccinated. I have other personal experiences involving Covid mandates and believe me, none of them are pleasant. I urge you to support these bills to defend my right to choose for what is best for me and the family that I will have some Day I'm sure you would want your family to have the right to say no as well. Liberty must always rein in America. I thank you for your time to listen to my testimony on bills S 11 22 and 41 51. I yield back my my remaining time. Thank you. Thank you so much. Miss downs appreciate your testimony or any questions.
Thank you so much. Thank you. Uh Next person signed up is jennifer boulanger, jennifer boulanger. Okay jennifer Bollinger here.
Hello? Yes. Hello. Good evening. Hello. Yes I'm here. Um Thank you for the opportunity to speak with you today and to share my story. Uh I am a registered nurse and I'm here to urge you to support Bill S 1122 and age 41 51. I have been employed at U. Mass Memorial for the past 17 years. I like many nurses work through the height of covid with limited personal protective equipment, reusing masks for several shifts, putting myself and my family at great risk. I willingly picked up extra shifts, stayed late work without breaks. I did all this to Hopefully help fulfill the enormous need on my floor and in my hospital now I am currently under suspension and I will be terminated as of December one. I along with many others have had my religious exemption denied medical exemptions are also blanketly blamed denied. I received a letter that stated a committee of people I do not know and have never had the opportunity to speak to determined that my beliefs were not sincere. I am willing to walk away from a job. I love of 17 years for my beliefs, I could not be more sincere. The fact that I have had active covid and have natural immunity has no account for them. These covid injections that they push have not stopped the spread of covid. There have been many breakthrough cases of fully vaccinated individuals and the fully vaccinated could still spread the virus, forcing 100% compliance and a one size fits all manner is wrong and unethical as there is no knowledge of long term studies of this shot.
People have many different medical histories that are private to them and people have many different personal and religious beliefs that should not be discriminated against. As a nursing student, I learned that one of the most important things I would do as a nurse is to be an advocate for my patients. After years at the bedside, I can tell you that that is very accurate. I've spent much of my nursing career making sure my patients understand their options and treatment plans and ensuring their right to privacy and supporting them if they chose to decline a treatment, making sure that they were aware and involved in their medical decisions. Anyone who has had a loved one hospitalized knows how important it is to have a bedside advocate
informed consent, the right to privacy and the right to refuse treatment are all part of the patient bill of rights. These rights are so important to patients and should cover all citizens. By supporting bill S 11 22. You can help maintain these rights for all the people in our state And by supporting Bill H- 41 51, you can help protect those health care workers desperately needed at the bedside. We need our health care workers to stay in our state please. I urge you help the people of massachusetts.
Thank you so much. Miss Blangger, appreciate your testimony. Any questions from committee members? I do not see any, thank you so much for your time. Next person signed up is Janice Hudson, Janice Hudson. Yes, I'm here. Yes, good evening. Please go ahead. Thank you. My name is Janice Hudson. I am here today in support of Bills S 1122 and H 41 51. These two bills will put necessary protections in place for concerned citizens who care deeply about public health and also want to preserve bodily autonomy. I work as a professional singer and actor have headlined in new york city Philly and in boston I'm a speech language pathologist for the master's degree from M G. H. And I have worked over 12 years with experience in various clinics and hospital settings. I've been an active volunteer at the Alzheimer's association for seven years and helped roll out a pilot pilot educational program for caregivers. I'm a mother of two girls who I am raising to be kind, hardworking, responsible citizens. I am a passionate, skilled and valuable member of my community, but I am being treated like a common criminal. You see, I also happen to have a unique health condition that puts me at increased risk of permanent injury from certain ingredients and vaccines, including the COVID-19 vaccine. And because of that, I'm not allowed to work in any capacity in the city that I live in. I can't perform. I can't see patients. I can't volunteer with families in need and I've been denied access to restaurants, gyms, yoga studios, other public places because I couldn't procure my papers. This has gravely impacted my income and my quality of life. I've been vilified and blamed by my community for the ongoing pandemic, which is maligned and unsupported by the data. I've been called ignorant, irresponsible, a conspiracy theorist. All because I've chosen to forgo a liability free pharmaceutical product that will put my health at risk. But most people are quick to jump on board with this community bullying because we are exhausted and many of us are still suffering and need a scapegoat for that anger. You see, we're being told that this Covid vaccine is the one path out of the pandemic for all people everywhere as if the immune system were that simple and we could just drug ourselves back to health. Everybody's body is designed exact meanwhile we broadcast our commitment to individuality and inclusivity and equity as we don't get to celebrate these efforts while denying citizens the ability to honour their own unique and diverse needs around health. And we don't get to pontificate about what is in the best interests of public health. While we actively coerced people into compliance in exchange for doughnuts and fast food and lottery tickets. We are not doing our due diligence as a medical community and one does not need a medical degree to understand that we keep being told to do this for our community. But this is heedless marketing. There is no community health without individual health and there is no individual health. If you hand over personal decisions to government officials to do it as they wish. Unless we start passing legislation like S 11 22 and age 41 51 we will have no protection from this type of unprecedented government overreach using any medical product or intervention as a condition for equal access to work. Education and travel is totalitarian and does not belong in a free society. I urge you to pass these bills through and I thank you for your time.
Great excuse me. Great! Thank you so much. Miss Hudson appreciate your testimony or any questions from the committee members. I do not see any um before I call the next person just we're gonna now hand it back off to chairman mike day. So the next person is linda landry and uh now charity will be taking over Miss Landrieu here
linda Landry.
Okay, Chair day take it away. Thanks very much. Chair Eldridge, I appreciate the quick break. Uh, I'd like to welcome Alison Hartman.
Alison Hotman.
All right, we'll move on to Angela Foley
Andrew lawfully.
Okay, Michelle provide Fiola
Michelle provoked. Hello, can you hear me? We've got you welcome. Can you see me? Uh,
you're able to see me. Okay. You've got appears to be a fogged out screen, but we've got you a lot of high All right. Hello members of the judiciary Committee, this is Michelle property, Fiola Um, first of all, I personally have never experienced anything like this in all of my career as a registered nurse or as a citizen of the United States. I feel the world as I know it has gone mad. I come to you today to share my personal experience and educate those who may not be aware of what is happening to myself and other families. I am a Massachusetts registered nurse of 28 years. I'm currently on the front lines directly with covid patients and I am pleading with this joint committee to support the bills S 112 to and H 4151. These bills urge massachusetts legislators to support bodily autonomy, Family integrity and economic liberty First let me start by telling all here, I am not anti vaccine and I'm not anti medicine. I am pro choice. Here is my personal story and stance and why I come before you today, my present employer offered a religious exemption. I notified them on september 1st that I choosing not to take this liability free medical procedure and keeping my body pure Permai EE Oc Right, Section 12 I asked occupational health to test me for a natural immunity. I was denied. I was told it doesn't matter. I have to take the medical mandate. Go figure. I have been swimming inaccessible of covid. One would assume that I have natural immunity at this point I have an undiagnosed medical issue that has caused lymphedema. I sought out a medical exemption I was denied. It is now November 23 and as for OSHA this does not appear to be very emergent as per E. T. S. Emergency temporary Sanders. This mandate is paid Lee flawed for the US Court of Appeals for the fifth circuit which was filed on november 12, 2000 and 21. All of this has caused undue hardship for my husband and I as I am now looking for employment outside of massachusetts. As I said, I'm on the front lines of Covid were fighting off Covid and winning the covid population that I care for a vaccinated and non vaccinated alike. However, the unvaccinated are the ones that being stigmatized censored, shunned by society. Our families and households are being separated. We are being blamed, demoralize, dehumanize segregated and terminated health care heroes. We were at once and now we're being treated like zeroes here. I believe history is repeating itself is title seven of the U. S. Civil rights act was placed into law for a time as this. So please support our collective bodily autonomy, Family integrity and economic liberty. Vote for these bills. It's simple. We all have freedoms under the First Amendment. The freedom of speech, press, petition, assembly and religion. I stand strong in God. We trust. Thank you. Joint committee for protecting human rights. My citations are in written testimony. Happy thanksgiving to all.
Thanks so much. We'll make sure we keep an eye out for that written testimony as well. Any questions from members of the committee?
Alright seeing none. Thank you for your testimony. Thank you. We'll move on now to uh salad D. J.
Khalid abu Dijana.
Hi, can you hear me? Welcome. We've got you awesome. Um I'd like to thank this esteemed committee for the opportunity to share my perspective. And I'd also like to thank you for taking the time to listen to me. Uh and especially for taking the time had no idea how much time this would actually take. I'm a flow professor of mathematics at one of our community, one of our commonwealth community colleges And I'm here to support bills. S 112 to and H4151
to speak against terminating productive members of the commonwealth workforce because of vaccination status and a personal choice to not go through with a medical procedure.
As you may know, employees of our community college system face a mandate to get vaccinated by january 3rd or risk losing their career. This mandate applies to those that work remote and does not take natural immunity into consideration.
I have been teaching remotely for the past year and a half and despite already being scheduled to continue to work remotely for at least the next nine months, I'm still at risk to lose my job in a little over one month. Additionally, I have already contracted and recovered from covid.
Many studies indicate that my immunity is stronger, broader and longer lasting than that. If someone who is simply vaccinated
the science behind this has been ignored by this vaccine mandate And I'm still facing termination on January three. I'm hoping for an exemption based on my sincerely held religious belief, but this is far from guaranteed
for me. My job as a teacher is the most impactful way that I serve my community. My work is a huge part of what defines me. It's what gives my life purpose on january 3rd. I'm at risk of losing that part of me. I'm at risk of having a large part of my life's purpose taken away. Additionally, I will be without income and we'll be left unable to pay my bills afford my home and even feed myself. I fear having to leave the state that I love and have lived in my entire life and search for employment so that I can afford to live and eat. This scenario has caused me unspeakable amounts of stress and anxiety. It has kept me awake for many, many nights. And so I have come before this body to ask to beg that you rescue me and the rest of our commonwealth from this nightmare. Please be our heroes and stand up for what is right? I beg you to support bills. S 112 to an age 4151 and defend our right to continue working, earning a living and serving our commonwealth. And with my last five seconds I'd like to piggyback on what another gentleman said. I am now a one.
I don't care about parties. I don't care about policy anymore. I'm a one issue voter. So this is one of the most important things in my lifetime. Please consider that. Thank you for your time. I appreciate it. Thank you for your testimony. Many members of the committee. Any questions
seeing none? Thanks very much appreciate patients and test tonight.
All right, we'll move on to Kathleen anastos.
Clean up. Yes.
Hello, Can you hear me? We've got you go right ahead. High. My name is Kathleen and asked us. I've been a dedicated nurse employed at Boston Medical Center for 41 years because of my strongly held religious beliefs, I cannot receive the vaccine. I am roman catholic. I am a follower of my lord and savior, jesus christ. I am active in the pro life movement going door to door obtaining signatures to end abortion in this country. All three vaccines were either tested on are used
aborted fetal cells tissues in their development. I am also created in God's image and likeness injecting a substance that is a blueprint for the cells in my body to produce spike proteins changes my body in ways unintended by my creator. On October 18 my employment was terminated because my religious exemption request was denied by BMC. I never felt that in America I would be denied my right to practise my faith First and foremost, the constitution guarantees that my God given right to freedom of religion, be upheld the massachusetts constitution and many court decisions also guaranteed these inalienable rights that come from God cannot be denied. Of note in the past. In order to receive an exemption for the flu vaccine request for religious exemption was all that was required. I did not need to provide documentation proving the depth of my beliefs. My beliefs are between me and God, not between me and the government, no government official can be an arbitrator between me and God. There are four principles in the ethics for nurses. The first of which is autonomy that is described as recognizing each individuals right to self determination and decision making as a nurse. I am required to follow that principle and providing care to a patient. I cannot force that care on the patient. I cannot threaten him or her with the loss of a livelihood. To ensure they agree to that care. It coincides with the language of the Nuremberg code, the states that a person is able to exercise the free power of choice without the intervention of any element of coercion. The voluntary consent of the human subject is essential. The current practice of forcing vaccinations on employees with the threat of termination is coercion and therefore defies all moral codes. The C. D. C. Has stated that fully vaccinated people can spread the virus to others. Therefore there is no reason to isolate the unvaccinated. As the spread of the virus occurs in both vaccinated and unvaccinated. There is no science dictating the logic behind this current policy. The current policy ignores science. The rule of law and all ethical standards upon which the United States was founded. Please end this tyrannical overreach. It is a policy that is destroying people's families and livelihoods. Please support s. and h. Thank you.
Thank you for your testimony. Questions from the members of the committee.
All right, seeing none.
We'll move on. Now I've got a note that Mr keith Hobson had signed up to testify. I'm sorry to submit written testimony. But we see Mr jobs has been here entire time. So stop. Did you want to testify in person? Yes. I didn't realize like it seems like you've got to connections amy when a mute one and then should be ok to go. Can you hear me OK? We've got you okay. Thank you. Um Yeah, I can submit written testimony as well. I'm stopped. I think you've got uh to feeds going so if you can turn the the audio down entire On one, you'd probably be better off.
Is that better? We've got you okay. Um So can we start the clock back three minutes. Thank you. I appreciate you allowing me to testify in support of Senate bill 1122 and House Bill 4 151. And I come to you as a casualty of Workplace and medical discrimination regarding the COVID vaccine that Governor Baker put in place on August 19. Um I am recently discharged as a benefit specialist from mass rehab commission. I had until October 17 to comply and I submitted my religious exemption request in september On October 15 of Friday. I received a letter stating that I successfully proved to have a sincerely held religious belief. However, they could not grant an accommodation without cause without causing undue hardship to the agency. Funny thing is I have been working from home with no impact productivity, no negative impact productivity since March of 2020. They gave me one business day to comply with the vaccine while we put on unpaid suspension for three weeks followed by termination. This is clear discrimination. How can an employer take punitive action against an employee who has proven to have a sincerely held religious belief when I received my termination letter, the agency left out the religious peace. Okay, Because of this, it appears that the department of unemployment assistance will make me make it unlikely that would be eligible to receive unemployment insurance guy. The agency never proved cause in my show cause having and my question is regarding my accommodation requests were never answered. I have a grievance pending And I have gotten zero response from the agency regarding that they have violated federal and state statutes. My union contract massachusetts, commonwealth employment laws. Just the name of Here I am a permanently and significantly disabled. Come on, wounded veterans of Operation Iraqi. Freedom. I have a wife to school age Children. Yeah, a mortgage and other bills and liabilities that I'll have to default on because now I'm an outcast. When it comes to other public sector jobs which I've spent doing after leaving the military service with the medical retirement, I paid a dear price for everyone's freedom. Many of my brothers in arms and sisters in arms have paid the ultimate sacrifice protecting our freedom.
Those costs cannot be recouped and I will never do anything against my will. As no american ever should. I also have natural immunity. All my doctors told me that I have a high anybody count that should be sufficient. They understand the studies
that show that that's far superior protection with natural immunity, but they could not do religion. They could not do a medical exemption based on hospital directives. So I put in the religious exemption, the religious exemption. It was not accommodated.
We heard bills to protect hairstyle, gender identity, sexual preference. Body size yourselves as legislators.
And I'm asking you to please pushed us out of committee and Intercession. Medical freedom and religious freedom, which is the first clause of the First Amendment to the Constitution of the United States. In article two under the massachusetts constitution. Thank you for your time and I hope you have a happy thanksgiving.
Thank you. Stopped. Any questions from the committee? I have a comment. Pops thank you for your service. Thank you Mr smith.
Get some feedback on their again.
The any comment? Any questions from the committee? Mhm. Seeing none um stops and thank you for patients. Thank you for your service. We appreciate both. Thank you. Uh now called Jennifer Larson.
Jennifer Larson.
Okay, Jacqueline Pfas. She asian,
Jacqueline fashion. Come here, can you hear me? We've got you go right ahead. I'm testifying in support of S 1122. First. Let me start out by saying, I never thought a million years that I would have to fight so hard to maintain control over my own body and medical decisions. I never thought the government would demand that I get something injected into my own body against my wealth. But that's exactly what's happening. If I refuse, I could lose my job and be shunned from society where there is risk, there must be choice. And although this administration is CDC Dr Fauci, social media and big tech are doing everything in their power to suppress and sensor information in regard to adverse reactions. Vista is indeed harming and killing thousands of people. And we don't even know what the long-term side effects might be. As of November 12, the vaccine, adverse event reporting system has almost 19,000 deaths reported from this covid shot. And that is a very low estimate considering the extensive reporting requirements not to mention that false reporting is subject to fines and imprisonment. Also keep in mind that the heart there was a Harvard study that estimates that only about 1% of adverse reactions are ever even reported in total. So far, there are nearly 900,000 adverse reactions reported from this shot. And if these numbers are only one you can do the math. All of these facts are out there. Unfortunately, we aren't allowed to talk about it. We can't post it gets taken down the news won't report on it. The CDC and Dr Fauci never disclose it. Our president certainly never mentions it. It's there. It's real and it's a fact. Sadly, most people are not privy to this information because of the insane amount of censorship surrounding it. It's impossible to make an informed decision when you don't have all the facts. All we ever hear is safe and effective. Sean every arm, roll up your sleeve, be good person and protect others. I know deep in your heart and soul you suspect that something is not right, but many of you just continue to go along with it. Please don't get caught up in the current narrative and the politics. This is so much bigger. It's time to be brave. It's time to stand up. It's time for you to protect our rights and liberties. It's time for you to protect our freedom to make our own medical decisions without coercion, bribery and blackmail from the government. Get the shot and Winfrey stuff. Don't get the shot and get fired from your job, lose the ability financially support your family and put food on the table. Get tonight entry to venues and businesses. Do you honestly think that's okay. Do you realize the devastating effects this is having on our society, skyrocketing suicide rates, soaring crime rates, severe depression, family and friends being torn apart, including my own Many of us don't even trust our government or our medical facilities or even our school systems anymore. I promise you that in the long run we will suffer way more lost due to these tyrannical mandates, then we ever would from covid lastly, if this was all about our health. Why don't we ever hear about boosting our immune systems? Why aren't they encouraging us to take vitamins? Get out in the sunshine, exercise, eat healthy. Not a peep about prevention. Just get the shot. One more thing. The lowest vaccination rate, demographic in this country is african americans and Hispanics. So these mandates are discriminatory and marginal and marginalized citizens. Please I implore you to do the right thing and protect our right to medical freedom. Thank you for listening and have a happy thanksgiving.
Thanks very much. Any questions from members of the committee.
Alright, seeing none. Thank you again for your time and your testimony. Thank you. Want to erin McDorman,
Aaron McDermott.
All right. Chaser Conrad or Tessa. Conrad.
Yeah, yeah. Did us. I even got choked up.
Um
Jessica
abu easily.
Hello, I'm here. Terrific. Welcome. Go right in. Hi, I'm here to speak basically to logic and my personal experience. I've worked in medicine. I've been giving vaccines for about the last 15 years. I'm also a former Army combat medic. I have my Masters in Biology. So I do have a very solid understanding of the mechanisms that we utilize for vaccines and for the first time in my medical career I began to question vaccine technology based off this. Covid shot. The technology of the shot is not what I've known a vaccine to be. In fact, the definition of vaccine was changed last year to encompass this shot. and I found that to be devious, negligent, manipulative and quite frankly deplorable. Throughout 2020, I was working in a private pulmonary practice. I was there for about five years. I went from working nine hour days to three hour days during the pandemic with a practice full of so called high risk patients. We didn't have one death from covid throughout the entire pandemic. Quite frankly, we were bored and then the shot came out and I was getting calls daily voicemails, patients are being hospitalized for heart attacks, strokes, autoimmune flares. The pulmonologist I worked for, he had an auto immune immune disorder. I had never seen flare once in the five years I was there. He started flaring. I begged him to stop pushing the shot on our patients. I presented him with the clinical trials. I printed them out for him. We met, he still wouldn't listen. He presented me with the Pfizer fact sheet told me the shots 95% effective, which has since proven to be inaccurate and I'm devastated. I should be sitting in a nurse practitioner class right now. But I'm sitting on deferment instead because I refuse to take and submit that submit to that technology. I don't take Tylenol. I don't take Advil. I use turmeric. Why would someone like me ever agree to be a part of a novel treatment. Why that's discrimination and you know what just because something is FDA approved approved. It means nothing to people like me or anyone. Just willing to look at the bigger picture. Accutane was on the market for 27 years. It caused birth defects, miscarriages, suicidal tendency. Vox five years pulled Seiler. 30 years pulled Darvocet and Darvon 55 years pulled. That particular drug was petitioned in 1978 In 2006 by citizens groups Beg to be pulled. It wasn't it was pulled in 2010. His men all 11 years pulled Meridia. 13 years pulled. How are you going to feel if you're behind the force administration of a drug that ultimately is pulled and were the cause of injury and death. What side of history are you going to be on? I beg you representatives please look at the logic behind this. Give people a right to choose. It's not anyone's position to put me at risk. It's not, I'm a biologist. I can determine these risks and benefits on my own. So please again, what side of history are you going to be on? Wake up and recognize we the people are under attack and we need you to stand up for us. Thank you.
All right. Thank you for testimony. Any questions from the committee.
Seeing none. Thank you again for your testimony and your service to the country as well appreciate it. Uh, next call linda. You galo
linda. You galo.
Okay. We'll move on to Rebecca zang.
Rebecca zing zang. All right here. Can you hear me? Yes we've got you. I'm so sorry. Uh Just not quite familiar with this. Um Happy. Thank you so much for allowing me to speak up and I'm an entrepreneur and never stopped working during the entire pandemic. I was a volunteer to work with many of my friends to donate money and time to help together. PPE shipped from china to here to protect our um doctor nurse and our first respondents. Uh One thing that we're so scared we don't know what the covid is and luckily we work together and fight for the covid. Um But interested in love after the vesting came out. I don't understand how come the same hero who protecting us um and become unwanted and they become less qualified for their job. Remember the same person? They never changed. Is our attitude to the service have been changed tremendously. Have been influenced by the people saying they are selfish really to sacrifice even have sacrificed their lives to save others. They sacrifice their selfish people. That really bothered me so much. Um I heard I'm not personally got affected by the all the mandate because I'm self employed. E um but I do know many of the people I heard losing their job because simply they will fail to take the best seen. They even lose their unemployment benefit worse than that. They could lose the insurance to support their families, basic needs. How come it's daylight massachusetts legally discriminate our hero for basic human rights, allowing this happen is not making us lawmaker respect and honor people's human rights. And I want to use my own experience to tell how scared, how scary the Covid is. I actually got Covid and My son as well. All right. And besides, I know 20 people got Kobe. Only one of my friends, 90 years old. Father in law. God Kobe and died. The rest we are very well and all I couldn't say or some of them. I don't know how the symptoms but at least 10 of us have mild symptoms and we all use the medicine. Bended by FBI and we we thought there was a rumor. But when we talk to our doctor. Yes, they cannot keep us those medicine, although they have been proved to be safe for five or six decades. But they have been banded by FBI. They said no medicine can cure. But 10 of us I know just by random asking. We all cured by the medicine. Even two of my friends, they are fully vaccinated. First the first time I my friend was staffing. See you did not get vaccinated. That's why you got Covid. And then just two days later. And she in fact found out. And she got Covid as well. And she and the other friends that more severe sentencing than I am I was because I take I took the medicine and one of the guys is so strong and younger than me and so after four or five days have high fever and he could not stand anymore. So he had to take the medicine alright. And also my my son and he's nine years old and he got Covid and he had respiratory problems and he got cured by the medicine as well. I don't understand why people have to force out to take medicine the rest in. But I have to tell you one deadly story. My two of my friends ratifying were will be on the three minutes. If you could wrap up your testimony would welcome. I will wrap it up because this is the story because he's a he worked with uh M. I. T. He had been forced to take the vaccine after he take the vaccine is one of them got serious impact and he got impacted his brand and he cannot take the job properly. And M. I. T. Fired him and he could not stand it. He cannot go to work and have no way to sue the pharmacist co who has no responsibility, no liability. He killed himself. This is one of the strategies. And my my one of the attorney and no his mother in law died after the vaccine. Another friend of mine and I mean
a I understand why I fully understand it. So all those are deadly story. I might happen in my friends circle. Please do not make the strategy happen again. Those are real person especially I'm so sad to her. So many her hero have inclined in front of the lawmaker me to think kind affected by I'm quite because it's not the country and coming from I'm coming from dictator, dictatorship country like china us, the adding a dictatorship country china Right now it's horror writing or even china. They then the mandate already after they've seen so many people die from the cold from the best thing. How come you? Actually not Hate to interrupt? We've got an additional 30 folks still waiting to testify here. I actually appreciate it. All right. Thank you so much for your time written statements as well. You're patient. Thank you so much. Thank you appreciate it. All right. Uh, any questions from the members from using. Alright, seeing none again. Thank you. And again would encourage you to submit your thoughts in written form as well. Thank you so much.
Uh, Next up would be Olivia friel,
Olivia friel.
Okay. Shawn nelson,
Sean nelson.
Yes, I'm here. Can you hear me? Uh
Yes, I'm in support of H one H 4151 s 112 to the Medical Freedom Act. I think they're thinking from that, allowing me to speak. I'm support. Uh, we're not being forced or coerced into taking medical procedures. I'm one of many health care workers who have already lost their jobs due to this. I have already done my research on the vaccine and I chose not to take it. And due to that response, my employer chose to terminate August 15th. I have spent five years as a medical assistant, being a frontline worker, did my job dealing with, I was fired because I was incompetent or I could not do my job. I was fired because I told chose not to take a medical procedure that I myself did not want to take and helping me and my patients and a lot of them themselves did not want to take many medications, but they were never forced out of the hospital. And I found it very disrespectful for my employer to do The opposite with me. Even though I spent 64 hours plus sleeping at the hospital, being a frontline workers taking care of call for patients to be told two years, basically later that was unfit due to some kind of safety issue. I was never given an option or any other brother solution other than to be terminated. And my goal decided to go back to work in massachusetts, I will find it very difficult to go back into the health care field because many of employees will keep this going on to their own personal medical views and trying to push it on towards me and other employees. You know, the school um school students as well. If I wanted to go back to the health care field, I might most likely have to leave the state massachusetts where I was born and raised. I really asked this committee to support this bill because this is complete over each of the U. S. Government. You're opening the door for people to push their medical opinions on other people and hold their jobs as leverage. I've heard so many horror stories of people losing their jobs are not able to go to school.
Once again, I do ask this committee to please Support this these two bills because I would not be able to go back to work. My employee meeting will be clear that anyone who has been terminated, they will contest unemployment. So once again this is very discriminatory. You open the door from discrimination from all accounts and it's just not COVID-19 any medical procedure and I do want the community to be fulfilled aware I am not anti vax. Have taken the floor activity from my own personal choice
and I do not feel that no one needs to be pressured into taking any kind of medication. Hospital would never do this into one of their patients. I don't know why they feel like they have the necessary to force this on to their employees. This aria health care shortage as it is. Everyone needs their job and their job should never be leveraged over themselves to force themselves to take a medical procedure that they themselves have done research on. And they simply said no. So I thank you for the time for me to speak. Have a good holiday. Thank you very much.
Thank you for your testimony, Mr nelson. Any questions from members of the committee?
Alright, seeing none. Thank you again for your testimony. Thank you again. Move on to thank you. Uh Megan Benson.
Hi Yes, can you hear me? We've got to go28702 right in. Okay, great. Thank you. My name is Megan Benson and I'm here. Today is a parent in support of Bills S 1122 age 41 51. Both of these bills would help to protect bodily autonomy and the right for individual choice when it comes to a multitude of medical interventions including vaccination. I have three Children, grade 2nd 1st in pre K. All three of my Children have followed the recommended vaccination schedule and are all up to date including having received this year's flu shot. I'm explaining this to show you that I'm not against vaccines and in fact, I'm generally in full support of them. So long as they are necessary and safe. Have gone through rigorous clinical trials in the long term effects have been studied and are well known. I'm testifying today because I am one of the many parents that are extremely concerned about the prospect of the Covid vaccine becoming one of the required vaccines needed to obtain a public school education here in massachusetts.
Currently we are being told that the Covid vaccine is safe. However, when looking at the various database, there's a very clear and very disturbing pattern. This database was established in 1990 has co managed by the C. D. C. And FDA For the past 31 years, the requirements and methods of reporting vaccine, adverse events have remained the same And you can see that the number of reported deaths ranges between 80 and 605 per year. From 1990 through 2020. In 2021, the COVID vaccine was introduced and the number of reported deaths in the Vares database has skyrocketed to a staggering 19,205
again, all of the reporting measures have remained constant. The only change was the introduction of the Covid vaccine. This data is extremely alarming and does not even include data28821 for the younger Children who are now getting the vaccine as well. Additionally, we simply do not know the long term effects the long term effects of this vaccine. Some argue that we do, but I think we can all understand that the long28833 term effects of something cannot be known until it's been around for long enough and the use of28839 this type of vaccine in this capacity has never been done before. Finally, according to the very latest CDC data, covid deaths among Children ages 0 to 17 make up precisely 0.1443%
of all covid deaths, which is virtually 0%. This data clearly shows that this virus by and large does not affect Children, which makes it even more difficult for parents to justify giving their Children a vaccine that they do not necessarily need.28871 If the Covid vaccine becomes mandatory for Children, I can assure you there will be an unprecedented exodus of the public school system and I would argue that is something that we would all like to avoid. Please support bills. S 1122 age 41 51 to protect all Massachusetts. Residents fundamental right to make their own health decisions and to keep our public school system intact in one of the very best in the nation. Thank you. Uh thank you Mr for your testimony. Any questions from members of the committee.
Alright, seeing none. Thank you again for your testimony. We'll move on to Pamela Engstrom,
Pamela Engstrom. Hi, can you hear me? We'll get it.
Okay. There's my video high. Um thank you chairs and committee members. My name is pam and stormed. A lifelong resident of massachusetts. And I'm here to urge you please to support these bills. S 112 to an act relative to bodily autonomy and family integrity and Bill H 4151 and act affirming and protecting the constitutional right to personal liberty. I never thought there would come a day living here in the United States of America, the freest country in the world that I would need to fight for my right to bodily autonomy and the ability to keep my28966 job without being compelled and coerced28969 to inject an experimental medical intervention, but especially one that does not induce sterilizing immunity or even block transmission. The international covenant on civil and28984 political rights. I see CpR Was ratified by the United States in 1992 and is the supreme law of the land under the supremacy clause of the U.S. The Nuremberg code28998 included under the I see CpR states the voluntary consent of the individual is absolutely necessary. The us government is however increasingly applying coercive pressure on citizens who declined the COVID-19 shot people are threatened with the loss of employment, non admission to schools, colleges, entertainment venues et cetera. These discrimination practices are anti american and creating a divide divided to tear society. Please please I'm begging you all to please support these bills and protect the constitutional rights of the citizens of massachusetts.
Thank you for your time.
Mhm. Thank you for your testimony. Any questions from the committee?
Alright, seeing none. Thank you. Uh Zennstrom for your testimony. We'll move now to MEREDITH Orlowski
MEREDITH Orlowski.
Yes. Okay. Amy munroe.
Okay.
Okay we've got your how you doing? Um
My name's29094 Amy Monroe. I've been a registered nurse for 24 years. I worked on the covid front lines when29099 proper PPE was not available. I saw people with mild cases barely symptomatic. I saw death but no more than I have seen from the opioid and obesity crises. My facility had empty beds and adequate staff throughout the pandemic. I researched the Covid vaccine extensively. I read studies reports and papers by renowned Nobel prize winning scientist and was frightened by what I learned according to the research lab animals that received the vaccine initially had robust immune responses. But when they were re exposed to the virus all of them became very sick and most of them died due to antibody dependent enhancement. A. D. Is a phenomenon that results in a29142 vaccine causing an overreaction by the immune system which instead of improving outcomes results in more severe disease. This is a serious29151 concern with the Covid vaccine. Thousands of doctors and scientists opposed the vaccine. They have been sounding the alarm about the risks that have been censored and banned for media sites for spreading misinformation. The opinions of those who have dedicated their lives29167 to science should be heard. I emailed the I. D. Doctors in my facility requesting guidance. I asked them to confirm or deny what I had been reading but I did not get one response. I decided given that I had recovered from Covid that it would be irresponsible for me to risk my health by taking the vaccine. And I refused all religious exemption requests were denied by the hospital, unemployment benefits have been denied by the hospital despite the fact that in patients are sharing rooms with no masks on and no regard for vaccination status and that I would be wearing full PPE when dealing with them. I was fired from my job. Not only am I unemployed, but I am unemployable in the field that I love. I have seen injuries and poor outcomes in my career from all sorts of medications and29216 medical treatments. A study by Johns Hopkins University reveals that 250,000
to 440,000 deaths occur each and every year in the United States as a result of medical mistakes making them the third leading cause of death. The drug companies have no liability for vaccine injuries and many have criminal pasts. Pfizer was fined $2.3 billion 2009 for falsely promoting its drugs, paying kickbacks and for submitting false claims to the government. The C. D. C. S. Their system which only captures 1% of incidents, shows 894,000 injuries. In 18,800 deaths from the covid vaccine. Medicine is not a one size fits all science. All humans should have the right to perform a personal risk benefit analysis and decide what is best for them. No human should be required to undergo a medical treatment to benefit another human. The government should not have the power to mandate that a person taking medical treatment in order to participate29285 in society. If our right to bawl the autonomy is taken from us will be at29290 the mercy of those with money and power who seem to have forgotten that they are elected to represent and protect us not to rule us. The right to bodily autonomy is the most basic yet most important of rights without medical freedom. We are not free. Please support us. 1122 in age 41 51. Thank you. Thank you Miss Monroe. Any questions from the committee.
Alright, seeing none. Thank you very much for your testimony. We'll move on to lisa Mayor
lisa mayor.
All right. Uh, to Lauren Perry, Oh wait, no,29336 I'm here lisa mayors here.
Yeah. Alright ahead this man. Okay, thank you so much. Thank you for giving me the opportunity to testify in support of S 1122 and H 4151. I'm a lifelong massachusetts resident and a nutritionist with a master's degree in food science. I'm also a functional medicine practitioner. I've dedicated my life to supporting the health and well being of um, my community basically. Um, so I believe29366 that the right to choose what medications we take and what medical procedures we undergo is our most basic and fundamental human rights. This goes beyond the constitution and religion, although those should also be respected throughout history. We have been horrified when the right to bodily autonomy is violated. I have voted straight democrat my entire adult life. I've campaigned for Bernie Sanders donated to his campaign and I consider myself a liberal. However, Covid has revealed that the left has an authoritarian underbelly and it seeks to control all aspects of our daily life are speech bodily autonomy, employment and medical decisions. And I'm in shock that the compassionate left is in favour of firing, hardworking americans for not taking an experimental injection with considerable short term risk. zero long term safety data and zero liability, especially the frontline workers who are risking their lives for all of us before vaccines were even available29425 yesterdays heroes are now relegated to be in second class citizens. And I think that's cruel. I don't know if you can fully understand the stress that these mandates are causing. I know of one alcoholic that recently started drinking again because of29439 it bills S 1122 and H 4151 would put an end to this madness. And I ask you, how would you feel if trump had demanded that you take an injection that you knew had risk probably be very angry. Um so we are really playing politics with health and you may agree now with mandating the existing vaccines. But if you allow us to go down this road, there will come29465 a time when you're forced into taking something that you really don't want. Imagine how that would feel to you. Imagine how the millions of29473 people who took the Covid vaccine out of force feel right now towards their politicians and their bosses like Senator O Connor stated there has to be a better way and I suggest addressing valid concerns full transparency and open discourse about all recommended medical interventions. This approach would be much more effective, respectful, compassionate and enlightens. We are not subject. We are adults who have the ability to evaluate medical decisions for ourselves and for our Children and balancing that with the needs of the community. And just as an aside, I will be voting exclusively for politicians who support bodily autonomy going forward. There are many, many liberals like me who have, who have had this change of heart, medical tyranny is not what we signed up for. And I really urge you to support S 1122 and H 4151. And thank you so much for your time.
Great, thank you for your testimony. Any questions from the committee?
Alright, seeing none. Thank you. We'll move on to Lauren Perry
Lauren Perry
mhm. Okay john G roberts Jr from just abundance incorporated,
john G roberts Jr from just abundance incorporated.
Okay, David Kane
David. Kane Mhm.
We'll move on to Karina dementia.
Karina demotion.
Mhm.
Okay, kebbi Nolan,
Okay, Katie Nolan,
Michael, can you hear me? This is Kareena.
Hello. Hello.
It looks like we've got to and so we'll go with Karina demotion first29622 and then Carey Nolan, you'll be second
korean and emotional thank you. I'm testifying in support of bill S 11 22 and accompanying Bill age 41 51 firstly, I'd like to remind us all that in the United States of America. Neither constitution, no legislation grants with the people any rights who already have them both. Senate Bill? S 11 22 and House bill H 41 51 consolidate and clarify the constitutionally protected creator given rights29651 and civil rights that are already enshrined and emphasized repeatedly throughout all29655 governments legal documents including the declaration of Independence, The preamble to the U. S. Constitution Article one of the Declaration of Rights and the First Amendment of the Federal Constitution bills S 11 22 and age 41 51 reiterate the fundamental human right29669 to bodily autonomy for all persons and most importantly qualify related compliance, ensuring measures. These bills cover matters of bodily autonomy and protection from mandates healthcare, privacy, constitutional liberties, protection from termination of employment and protection of civil liberties. These bills, among other things, provide that every person has the inalienable right to bodily integrity uh free from threat of compulsion to accept any unwanted intervention that people have the right to undermine to determine their own medical care, including complementary and alternative health care services and that employees whose bodily integrity rights are violated in the workplace through course of medical requirements and measures have legal recourse with employers to sue for an injunction against further violation, reinstatement of employment with payback Plus 10% and any other relief necessary to ensure compliance. These bills protect employees from any form of discrimination or retaliatory action because of private health choices. If these bills were passed into law just a few years back by now, 31 year old friend would likely be living vibrant young life working in jail research at one of Boston's major hospitals. Instead she was misled and coerced by her employer into taking a flu shot As a condition of keeping29741 her job in 2018 and then ended up severely injured by it. She spent almost a month in icu with acute encephalitis and to this day three years later remains physically incapacitated requiring 24 hour care from her family and medical staff. She did not want the shot. She would have never gotten it if it wasn't for the threat of losing the job. She enjoyed so much. No human being willing and able to earn an honest living should be coerced into any medical interventions in a free society. No student should be education based on the medical choices. This is not a debatable. This is undebatable unless we abandon human dignity and treat americans as slaves whose bodies are not considered private property and whose lives don't belong to them. We hold these truths to be self evident that all men are created equal, that they are endowed by the creator with certain unalienable rights that among these are life liberty and the pursuit of happiness supporting these bills is the only morally adequate position one can take as an american and I29792 trust everyone here will do so. I do not consent to any medical mandates now or ever. Thank you.
Uh, thank you for your testimony. Any questions from members of the committee
seeing none. Thanks again. We'll call kebbi Nolan.
Hello, can you hear me? We've got to go ahead. Hi, um, I support, I'm a resident of massachusetts and I support S 1122 and H 4151 which protect us from medical tyranny. Um although these bills are about bodily autonomy in general, I want to focus on the COVID-19 mandates because my husband and many friends of mine um their jobs are threatened also I have teenage Children and um I would rather they not go to school but that college if what they have to do is take this vaccine. Um So why is the vaccine such a concern? Um It actually besides being unethical, it breaks all of the Nuremberg bird codes. Not only that but it's unconstitutional and economically as well as29874 physically harmful. The COVID-19 vaccines do not provide immunity. This leaky gene therapy may reduce symptoms but double vaccinated people are now 60% of patients in the er and I see you just look at Vermont's highly vaccinated population. Then also they also do not protect from getting the virus nor re reducing deaths or29901 reducing transmission of the virus. How does the Covid vaccine mandates break the Nuremberg. Co Number code # one says voluntary consent is important. No person shall be forced to take a medical experiment without informed consent. The media has censored information about the negative effects and dangers of this gene therapy. Nuremberg code number two says it should have fruitful results that cannot be produced by other means. There are other medical treatments of which information has also been censored that have fruitful results such as vitamin C. D. Ivermectin and zinc India has had great results with these but pharmaceutical companies don't make money from them. Mhm. Nuremberg code # three requires testing with animal experiments. This gene therapy skips animal experiments and went straight to human experiments. Numbers four and 5 say that there should be no unnecessary suffering. But since the um beginning of this experiment, under the CDC There's reporting system, there have been over 4000 deaths and 50,000 vaccine injuries.29982 These results are known to be under reported and usually only 10% of the real numbers. Number six. The risks should never exceed the benefit. COVID-19 has a 98-99%
recovery rate, vaccine deaths and damage far outweigh that. Also when you force leaky vaccines on a majority of the population there is a risk of new and Lee Berkshire arising. These are very serious reasons why informed people do not want to take this risk and should not be coerced into30017 doing so. Besides all these real concerns, let us remember that in the Blessed United States our government is just is instituted to ensure our rights not to take them away. We need brave people to stop this. To take a stand against this tyranny. Will you please take a30037 stand against this tyranny and support these two bills. Thank you. All right, thank you for your testimony. Is no one. Any questions from members of the committee.
Seeing none. Thank you again for your patience and your testimony. We'll move now to Jeff dipaula,
Jeff DePaula.
Yeah. All right. Uh Francesco Spagnola,
Francesco, Spagnola.
Thank
all right. We'll move to Shane Hoolahan. Yeah.
Change. I hope
we've got you right in. All right. Thanks to the committee to you chairman Day Good evening. My name is Shane Hoolahan. I'm a father, a firefighter For nine years in the United States Army combat veteran. I'm testifying today to employ you to vote in favour of both Bill S 1122
And H 41 51. These bills seek to provide an additional layer of security of law to we the people in which are and should forever remain our God given rights, individuals fundamental right30117 to life, liberty, and the pursuit of happiness, a right to privacy, travel and speech afforded under the United States Constitution. That shall not be infringed upon to impede a person in the making of voluntary medical decisions for themselves or for their independence is abhorrent. It's absurd that here in America, supposedly the most free nation on the planet, that this is even debatable. It's truly horrific to me to see30141 people manipulated coerced and30144 forced to comply with medical interventions of any kind against their will. People are being fired for refusing to subject themselves to a treatment that they are against30153 whether for ethical medical or religious reasons. I too, am having my job threatened never before have I seen such a gross overstep of the government to be able to hold an individual's livelihood over their head for not submitting to medical procedures against their wishes. This type of abuse wouldn't be tolerated from a spouse or a caretaker. Why on earth is it acceptable from our elected officials? The COVID-19 vaccines and the mechanisms for testing for COVID-19 are only authorized under emergency use licenses. They do require informed consent firing people for choosing to deny consent to a medical treatment they don't believe in is contrary to everything that I fought for. It's contrary to everything that my brothers in arms died for. This is America. We are still a democratic republic. The government's power comes from the consent of the people. I do not consent to medical tyranny. I will never consent. I will never bend to tyranny of any kind. These bills are good for every american. Every citizen of massachusetts passed these bills do the right thing to do the american thing. Don't cripple this state by forcing good people to have to choose between betraying their values and living here. We're starting over30233 somewhere else where freedom still rings. Thank you God bless God bless you. All Happy Thanksgiving.
Thank you. Mr Hoolahan. Any questions from the committee.
Alright, seeing none. Thank you again. Mr Whelan Thank you for your service and your testimony appreciate both. Uh Grant empty.
Grant MD MD. Like medical doctor. Can you hear me? There you go
in a while.
All right, thank you very much. Uh like changes said I'm a father to my firefighter and I'm a combat veteran from the30280 United States Marine Corps. Well that being said, I'd like to say good evening. I'll start by saying that I am in favour of bills S 11:22 And H 41 51. Listen, I I recently had covid 19 and I now have natural immunity with documentation of antibodies requiring a vaccine for people with30302 natural immunity is a gross overreach.30304 Other entities and other states such as spectrum health systems in michigan have begun accepting natural immunity for vaccine requirements. I asked massachusetts representatives to consider such an example when voting on these bills. Moreover, I've been a first responded since the pandemic started and I still continue to serve my community. However, I do not agree with mandating a vaccine that has under under reported side effects to keep employment in the state of massachusetts or America.
Recently, the american Heart Association journal circulation, published november 8 2021 reported and quoted that we conclude that the M. RNA vaccine dramatically increases inflammation on the end of helium and T cell infiltration of cardiac muscle. It may account for the observation of increased thrombosis, cardio, cardio, myopathy and other vascular events following vaccination end. Quote, the american Heart Association Journal is a validated peer reviewed public published medical journal. It is just one example of the under reported evidence that there are irreversible consequences to a vaccine that is being forced on the public. I say this with respect. Please don't force families to choose between their livelihoods or make irreversible decisions for false sense of security. It's unconstitutional and inhumane. So please consider S 1122 and H 41 51 and I'll just end with this martin Luther. King said you never really remember what your enemies say. You're always going to remember when you, when your friends remain silent. Thank you very much. Have a good holiday.
Thank you Mr MD. Any questions from members of the committee?
Alright, seeing none again. Thank you. Mr Brady30425 for your service as well uh to the country and your testimony appreciate it. We'll move on to Donna mast real mastroianni.
Donna mastroianni.
Yeah.
Hi, my name is Donna Mastroianni. I've taught for 10 years at Holyoke Community College. Excuse me, not 10 years, 20 years at Holyoke Community30452 College. Um I want to thank you for giving me the opportunity. I know it's been a30457 long day. On March 23, Governor Baker gave a press conference where he restated his goal of getting more than four million residents fully vaccinated. He stated that this four million was needed to reach the Herd immunity tipping point in the fight against the coronavirus herd immunity as defined by the CBC is achieved when a sufficient proportion of the population is immune to the disease. Either through vaccinations or prior illness. I'm happy to report that Massachusetts has reached her immunity as 70.7% of our residents are fully vaccinated. That equates to 4.88 million residents. And this was just updated three days ago. This is30500 amazing and is something that we should all be proud of. So my question is why do the goal posts keep moving? We locked down. We wore mass, we social distance, we missed birthdays and holidays were rescheduled weddings. We couldn't attend funerals, churches, closed schools, closed restaurants, closed gym's closed stores, closed businesses closed. We have done everything the government has asked. Well one might argue things have changed your right things have changed. We know a lot more about the vaccine and the Covid virus. We know the vaccine doesn't prevent you from getting covid, but it does lessen your symptoms and decreases your chances of being hospitalized. We now know that fully vaccinated people can get covid and can pass it to30549 others. We know that vaccinated people with covid carry the same viral load as unvaccinated people with covid. We know that that although side effects are rare, there are side effects and that only time will tell what the long term side effects will be and as other people have mentioned, it doesn't if you have the side effects, there's no repercussions. Big big pharma is protected. We know that 871,732
people in massachusetts survived covid and now have natural immunity which is stronger than any vaccine. I'm a covid survivor. We also know that thousands of state employees will lose their jobs if they don't get the shot. I'm one of them. All five community colleges in massachusetts have mandated the vaccine for faculty staff and students. As a result, our enrollment is dismal. I teach anatomy and physiology. I usually have a waiting list. I have to to students enrolled in my course. I want to know which courses filled the online courses Because students taking 100% online courses are not required to get the vaccine. Who are the mandates hurting lots of people. But for one students HPC is a hispanic serving institution. The majority of our students are from Holyoke and Springfield. Ohio Cassidy 57% vaccination rate and Springfield has 54%. Many of these students are first generation college30638 students who wrote protecting students access to an education. They deserve. We beat the odds we've done and we've done that without the back without the mandates. So why the mandates now, please represent us? It's your responsibility to give h 41 51 ss 11 22 consideration that they deserve. Thank you. Thank you for your testimony. Mr mastroianni. Any questions from the30671 committee?
Alright seeing none. Thanks very much appreciate it. We'll move on now to looks like uh Jeff dipaula has been able to log on. Hear from Jeff DePaula. Hi, thank you. My name is Jeff. Can you hear me? We've got to go right ahead. Thank you. Um I am a doctor of holistic medicine, been in practice for 21 years in Massachusetts. Um and the most important thing for me is patient safety, clinical care. The
way that uh this um covid situation has been handled is outrageous. Um The main thing I there's probably 100 different aspects I could talk about but the main30728 one I'd like to focus on that. I feel like most people do not understand
is how the statistics of the fighter study specifically have been manipulated in that on the news media, you're hearing that the COVID vaccine is 95% effective.
Well, that's true. That's the relative effectiveness in statistics. However, any clinician that's worth their salt knows that the absolute effectiveness is actually the number that you look at and the absolute effectiveness of the covid study shows that The vaccine is 0.84% effective. So just so I can differentiate the relative effectiveness is the difference between doing nothing and doing the intervention, whether the chemotherapy or a vaccine or whatever. Um And the30794 absolute effectiveness is the actual percent increase that you would see from doing that therapy. For example, If you had cancer and you had a 1% chance of living five years. Um Whereas if you did the treatment, the chemotherapy, The radiation. The surgery and you had a 1.95%
chance Of Living five years. That's the difference. Except you're now dealing with all of the potential side effects immune destruction, et cetera. Um And that should be a personal decision, not one that's forced by the government. So individuals need to be able to make their own decisions. I personally, I have had my father had a vaccine injury with Garry syndrome. He was hospitalized with ascending paralysis for four months. My mother had anaphylaxis. So for me it's not a good30854 choice to do that. And there's other choices that I choose to support my immune system which actually have much greater efficacy. So, I would ask that you support S 1122 and age 41 51. Thank you for your time.
Thank you. Mr Depaulo. Any questions from the committee?
Alright, seeing none. Thank you for your testimony patients as well. We want to uh Naomi helper.
Naomi Halpern.
Okay. Uh Patti page.
Patti page.
Mhm. But Richard man,
Yes. Can you hear me? We've got to go right ahead. Yes. Former uh chemistry professor at boston University for30921 many years ago and retired. Now, I've been looking at a lot of the some of the people doing a push back on. This goes along with what most of the people have said uh that you can look at the ah so called vaccine. It's not a vaccine. I wish we could change the term, it's not a vaccine, it's a experimental gene therapy. Uh, but we can look at look at that as uh a bioweapon. Um, there's a uh, Gentile in the name of the dr David martin who is a bioweapons expert.30960 Uh, and he's done a lot of studies of patterns. uh, going back years starting even with 1999, the first patents in the general area of the SARS Covid kind of arena. And you can just see the pattern coming30980 from That time going with the outbreak in 2000-2003 based on pattern patents that were given there and then again for the MIR's uh outbreak. And and it's like these were all test cases for the, you know, and then you have the october 18 2019
meeting in New york city with Bill Gates and so on. That seemed to be the final planning to unleash this upon the world. And so it's like the original Covid is the initiation uh bioweapon to create the need. So called for the so called vaccine and Nuremberg codes we're talking about a while ago and it violates pretty much all of them. But what what the Doctor Barton has done is to put together a a series of rico are violations that have been during the bringing to fruition, this, this Covid outbreak. And uh, if any of those were ever to be adjudicated and any convictions found why then all the indemnity would be lost and the lawsuits would begin. So I think we have to look at the covid so called vaccines as a bio weapon. The side effects are unknown because it hasn't been in its experimental, it hasn't haven't had enough human testing but people like just over a minute Stephanie uh one f put out a paper with just very debilitating. But anyway um I have a written testimony which has um more information about dr martin. Dr judy Mikovits um and Stephanie Senneff and so on. So the patents. Tell a lot. Thank you.
All right, thank you Mr Mann. We'll look for that31115 written testimony as well. Any questions from members of the committee?
Alright, seeing none. Thank you again for your testimony. See that Naomi Halpern has been able to log on. Uh Welcome Naomi Halpern to offer testimony.
I think you're on mute. Uh
Can you hear me now? Okay great. Um thank you for letting me speak today. Um I am speaking in support of and asking the committee to support S1122 and age 41 51 which protects the fundamental human right to make your own medical decisions31158 without coercion or discrimination. These bills are31162 more important than ever when we suddenly find ourselves in a situation where being forced to inject the medication against our will is a reality.31170 And by forced, let's be clear. It is being forced. If a person is being coerced or put under pressure. The definition of forced is not only if you are tied down with a gun to your head. The legal definition of being forced in terms of medical experimentation originated with the Nuremberg code. And is as follows, the voluntary consent of the human being is absolutely essential. This means that the person involved should have the31199 legal capacity to give consent should be so situated as to be able to exercise the free power of choice without the intervention of any element of force fraud, deceit, duress over reaching or other ulterior form of constraint or coercion. And being forced includes having your employment and paycheck threatened and I would argue also includes being blocked from participating in normal society. The way many are ready being today.31229 This is becoming a reality. I lost my job because I would not consent to a liability free31237 injection. I lost my job because I would not consent to an experimental31242 injection. With no long term studies. I lost my job because I would not consent to a medical31249 intervention that has death paralysis, blood clots and heart inflammation as potential31255 side effects? Just to name a few. How is this violation of our basic human right to bodily sovereignty sanctioned when we know the covid vaccine does not stop transmission?
How are these coercive measures reasonable when we know there is over a 99% recovery rate for the healthy population under 70 years old. How is it reasonable to completely ignore natural immunity and deny it any relevance31286 whatsoever. When over 100 research studies have affirmed its effectiveness.
How can anyone justify forcing people to submit to an experiment with very real risks when there are many safe effective prevention and early treatment protocols? And I want to add that. I've I've linked sources in my written testimony which I also submitted. How can our government justify forcing people to play Russian roulette with31319 their health in order to feed their family when we know the most vaccinated countries such as Israel have the highest rates of covid cases today. How do we really want to end up like Germany? Australia? Austria and Canada where there is no longer a31337 free society and the Nuremberg code no longer applies31340 the violation of bodily sovereignty has no place in a free society. Please I ask do the right thing and support these bills and our God given and constitutional rights to make our own health care decisions. Thank you so much for your time and consideration.
Thank you Miss Halprin will keep an eye out for that written submission as well. Uh Any questions from members of the committee?
Alright, seeing none again. Thank you for your testimony. Will call next joseph colagiovanni
joseph colagiovanni.
Mhm. Okay.
Mhm. Uh looks like Scholar Giovanni's here but it's on mute. Mhm.
There you go.
Should be all set now,
nope, we get you as active but for some reason not hearing your microphone.
Yeah.
Mr close you and I don't know if you've got any uh earbuds or anything plugged into the computer that sometimes interferes with the microphone ability on this platform.
Unfortunately, we're not hearing any audio for me sir.
It looks like you're activated again if you want to give it another shot.
Now, unfortunately sir, we're not able to pick up your audio. We can circle back to you in a few minutes if that works out. Try to get you then. Okay, terrific. Um we'll move on to Susan salva Feeney
Yeah. Good evening. Good evening. So, first of all, I want to thank you. Not just for your consideration but for your endurance and stamina. During this day. I also have to thank all of my predecessors because I am sitting here humbled and in awe at how brilliant and beautiful each one of you are. Thank you for your time and sitting and being here today. I'm speaking today in support of Bill's age 41, and S 1122. Specifically advocating for an individual's right to have the ability to choose for themselves and31517 or their dependents the medical treatment and care. They receive Approximately 18 months ago, my 90 year old father was diagnosed with multiple cancers as his power of attorney and health care proxy. I had the responsibility to choose his medical care as he was cognitively impaired and unable to advocate for31535 himself After 25 years working in hospitals and operating rooms, bringing new technologies and devices and drugs to market. 20 of those years with Johnson and Johnson, my family relied on my experience and ability to research and understand medical treatment, options clinical trials, data and outcomes for my father. We chose care that honored his beliefs factored in his risks and comorbidities and his quality of life are dependent Children, while not cognitively impaired by dementia, rely on us as parents to look out for their best interests based on our knowledge of family histories and medical needs. This is and should remain our right to choose for our Children. Medical decisions and treatment options often involve countless factors, none of which has ever been A one size fits all whether it's a decision around31587 surgery, medications or vaccines. The individuals should be able to choose based on their personal needs and beliefs honoring their body and their choice. Just last week, less than seven days ago are 18 year old son recovered from COVID at college based on his schools. One size fits all medical directives, their requiring him to receive a vaccine in the next three weeks or be unenrolled from the five year accelerated honors computer science degree. They awarded him with less than six months ago. Furthermore, his dreams of remaining at this university and also serving our country as he's on a full Air Force ROTC scholarship and currently with a four point of GPA in his first semester in college are being shattered As I31639 speak to you today. His freedom to choose for. His body is at the expense of sacrificing his well deserved education. This is not the freedom that I fought for serving as an officer in the United States Army for over eight years.
Born and raised in massachusetts, it was this commonwealth that I received multiple degrees here. I was31664 groomed to critically think, challenge, support and ultimately defend our freedom to live and choose. I'm not here before you to argue for or against the covid vaccine. Specifically, I'm here today because I've invested my entire life supporting and defending the freedoms and medical choices. I believe every american is entitled to the31681 people of massachusetts are my family, my friends, my colleagues, my mentors, my educators, they are all of you. Each one of us deserves to be trusted and respected to think reflect and choose our own health care services privately without fear of discrimination on any level. The best way respectfully that you can thank me for my service and any one of my colleagues and fellow soldiers is to support these bills and fight to maintain the freedom so many of us have fought for. Thank you very much. Have a wonderful thanks Phoebe. Thank you Mr for your testimony and your service as well. Let me ask you there any members of the committee with any questions.
Alright, seeing none. And again, thank you. Stay Well
uh let's give it another shot with joseph colagiovanni
unfortunately appears the audio still having some difficulties. Mr colagiovanni, you may want to log off and31756 dial back in and see if that helps kind of like resetting the computer. We'll see if we can get you in that way.31762 Welcome back to you again. Next up is uh Leonore Elena's.
Leonore Elena's I'm here. Yes please Gordon Thank you so much. My name is leon Orrall analysis. I live invest in massachusetts, I'm teaching artisan and environmental activist. Hill submitted to you seek to mend and refined our social fabric. Our society is a deterring point. The purpose of bills as 11 22 and age 41 51 is to defend inalienable rights written into the american constitution and the Universal declaration of human rights drafted by Roosevelt during World war two. In the advent of a world in which human beings shall enjoy freedom of speech and belief, freedom from fear and want as the highest aspiration to the common people. Today people feel loss of self hood. We have another declaration woven into the class of this nation in God we trust. Hence anyone who trusts such higher power. The community and foremost their own inner voice will not submit to powers that negate this native sense of trust. The general government informed state governments with decrease that intimidate employers who in turn bear down on employees to submit to vaccination presently employs in certain31858 trades sectors are targeted with vaccination mandates what is next. In the meantime, vaccine protocols including the31867 bypass, are moving targets. What's meant with fully vaccinated in continually revised um protocols, vaccine injured individuals, other people have all touched on this today. I wrote this early early of course and over the night, but this is suspicion among the population rises daily, hundreds leave the United States seeking medical freedom elsewhere while poverty increases here and unrest confessor in the creation over two class society. Just as is the case in Israel presently this is fertile ground for rising totalitarian ism individuals objecting to vaccination prefer a prolonged31909 approach with respect to the healing arts conjoined with science, they wish to contribute to the wealth and health of the commonwealth. You're not cop outs. The importance of bills of both bills is great. But to understand the growing,31928 the growing reluctance and suspicion about the vaccine rests in the fact that the virus and the vaccine were invented for each other just as the previous speaker said, not part of an originated in a lab in north Carolina and are part of a biological warfare that was seated. The pandemic was seated years ago Already for by proof profit farmed industrial complex, It keeps sacred it's ingredients calling them private property Science. Scientists have confirmed that the farmer industrial complex has contracted with artificial intelligence sectors, testing vaccines that contain Nanosys technology interact engineered to interact with manmade frequencies such as31981 5G. That is why Wuhan blew up as big as it did. These are in addition to before mentioned ingredients is31988 also such information is regarded as conspiracy. It can be found online in the agenda of the World Economic Forum, named as the Great Reset after the named after the title of Klaus Schwab. It describes an age of trans humanism, a solution32006 to the looming climate crisis. It is an32010 experiment in population control. The US government is aware of this massachusetts must not fall into line. It's a part of social engineering.
Medical experts
fighter to wrap up. Have spoken in public. Okay. Unfortunately had mute miscellaneous. Out of respect32034 for the remaining folks who are going to testify again. Welcome to submit written testimony. Uh, for your further thoughts, they'll be more than welcome and they'll be read by the committee ah next like to recognize the Wyatt Peterson.
So to come forward to testify. Wyatt Peterson.
Okay, we'll move on to ahmed abu shark.
Um ahmed abu Shaar. Can you hear me? Yes, Go32076 right ahead sir. We've got you. Thank you sir. Yeah. My name is Ahmed abu shark. And I'm from the great town of swampscott massachusetts. I believe that there are no risk for decisions in life. There is always a balancing of interests. Even in a selfish decision, a given decision is often better when it considers not only our current interests but also our long term interests. Will this decision be good for me now and32103 in the future? And what about others? Will this decision be good for my family, my friends and my community now and in the future
there are no easy answers. But I greatly sympathise with those who are desperately looking for one in these uncertain times, but we must remember. But just because making a particular decision is easy or good for us now doesn't mean we should make that decision, get vaccinated. They say we could save lives. We can return to normalcy sooner. In a sense that's technically accurate. So why not do everything we can to stop the virus? Including vaccine mandates because in order to make a good decision, we not only have to consider our interests now but our future interests. We have to consider our Children's interests and their future interests.32152 We have to consider the interests of the commonwealth of our great state and all those who reside and all those who will reside, we have to consider humanity. Are we simply going to dive head first into a series of decisions when we only considered such a short frame of time, will we indeed be so shortsighted?
Something I've come to grips with during my transition into young adulthood is that we must take responsibility for our decisions. Brave men and women adopting that responsibility is what has brought us from the state of nature to the miracle of the society that we live in today without taking responsibility. Everything falls apart. I do not mean to be inflammatory when I allude to societies like north Korea communist china and the soviet union. But if the responsible adults in our society do not step up to the plate when there is a challenge, but rather cower in fear, how can we honestly justify that? We deserve any better than them? And what does taking32207 responsibility means right now? Does it mean vaccine mandates?
I don't know about you all but never in my life. If I met a responsible man or woman that I admire, who's answer to a problem is if only I have the power to change what other people did. If only I had the authority to threaten someone's right to make32227 a living to coerce them against their will. Can I make the world a better place? I will not be the snake oil salesman who tells you that I have the solution to covid or that I even know how things will unfold in the coming years and decades. All I can say is whatever risks we are avoiding with these mandates are negligible to what might happen32245 to us in the future. By adopting them all I can do is take responsibility for my own actions. I will not take part in tyranny. I will not comply with any vaccine mandate. I support? S 11 20? S 11 22 and age 41 51 because they consider the future and all of our citizens in a responsible way. Thank you for listening and thank you to all those who have already sacrificed so much in this good fight.
Thank you for your testimony. Uh braszczok, any questions from members of the committee?
Alright, seeing none. Thank you. We'll move along to Christopher scarpino,
Christopher scarpino. Good evening to our chair and to the community. Thank you very much The opportunity to speak today. I'm testifying in support of S 1122 and H 41 51. I'm a32300 faculty member And with 27 years of experience as an engineer. For the last 10 years, I've taught laboratory courses at a technical college in Massachusetts. Prior to joining the college, I had a 17 year career including nine years in massachusetts high in ear infirmary. Also served on three institutional biosafety committees IBC including at pharmaceutical companies and at MGH Brigham and women. These experiences have coloured my view of safety and health care. My scholarship as a university employee requires my physical access to my laboratory. However, the colleges instituted intrusive vaccine32348 mandates college now requires all employees. Even those who are fully remote to be vaccinated provide an exemption. More importantly, employees have until December 8 to be from fully vaccinated. Have their exemptions accepted or be fired in a recent conversation with HR. They confirmed that if they do not accept my exemptions, they would fire me even though my termination, I would have nothing to do with my performance. So instead of being a successful engineering teacher after 10 years, I will become unemployed and perhaps unemployable to satisfy the college. I sought exemptions because I do have a long term medical issue. I sought a medical exemption from my PCP. However, my doctor refused to provide me with an exemption, saying my manager told me not to give anyone an exemption. Thus, the once sacrosanct relationship between doctor and patient has been replaced by an administrative relationship between the doctor and their management. In this case, a manager stepped in and between the doctor and the patient and interfered with my care. Even if the PCP did give me a medical exemption, the college has told me that they would obtain some of my32432 medical records data. I asked what has happened to hip hop to obtain a religious exemption. I requested a meeting with my parish priest. However, the priest refused my request, saying the Pope had taken the vaccine. Surprisingly, he never referred to my religious convictions. Instead, he suggested that I follow the pope's personal health care decisions. Although my conditions are nothing like his. These professional groups whose mission is to32462 serve those seeking care shirk their responsibilities and employers who have become an extension of the health care system. Interjecting themselves into my health care. I asked the committee to please support as 1122 and the house bill, I believe this legislation is a necessary step on the path to restoring the rights of patients to make their own health care decisions. Thank you very much to the committee. Thank you for your testimony testimony sir. Any questions from the committee?
All right. Thank you again sir. CNN we'll move on to Jody Sabatino, Siriano,
jodi, cappuccino Cipriano.
Okay, we'll move on now to Kathleen lynch.
Kathleen lynch.
It appears you're muted. Miss lynch.
I am here to support SB 1122. An act relative to bodily autonomy and family integrity and hB 51 41 51 act affirming and protecting the constitutional rights to personal liberty. Both of these bills very simply secure health freedom in massachusetts, whether it is participating in pcR tests, masks, injections, contact tracing, quarantining or vaccine, passports. The decision is for the individual or the parent or guardian of a minor to make the individuals right to exercise informed consent to medical risk taking is an essential human rights politicians state that once everyone is vaccinated,32592 we will all be safe. So I will focus the rest of my testimony solely on the experimental injections showing that they are not safe and therefore should be voluntary.
What deeply concerns me is that many are taking these injections without even knowing the ingredients. For example, the Moderna injection contains Messenger RNA A lipids. SM 102 polyethylene glycol Peg adam G cholesterol Ds. Pc Trombetta mean Plymouth amine, hydrochloride, acetic acid, sodium, acetate tri hydrate and sucrose. Most people will not know what those chemicals are, but more importantly what risks they contain from the FDA dot gov website. The risks are difficulty breathing, swelling of your face and throat. A fast heartbeat, a bad rash all over your body, dizziness and weakness, chest pain, shortness of breath, feelings of having a fast beating, fluttering or pounding heart, injection site reactions like pain tenderness and swelling of the lymph nodes and the same arm of the injection, swelling, hardness and redness. General side effects of fatigue, headache, muscle pain, joint pain, chills, nausea and vomiting, fever and rash, severe allergic reactions. Myocarditis, inflammation of the heart muscle, pericarditis, inflammation of the lining outside the heart fainting. The vaccine, adverse events reporting system reports over 18,000 deaths, 11,000 Bell's Palsy cases, 99,000 urgent care visits and more. Given this litany of risks, some32706 very severe, dangerous, even deadly. It is imperative that individuals choose whether they want to take the experimental injections. SB 11 22 and hB 41 51 would protect32720 us from any forced mandated medical interventions. So, I support SB 11 22 and HB 41 51 ask you to report them out favorably.
All right. Thank you. Mr for your testimony. Any questions from members of the committee?
Alright, seeing none. Thank you again for your testimony. Your patients. Uh
We're gonna try to go back one last time. Hopefully the audio is fixed for uh joe colagiovanni
joseph colagiovanni.
Uh we've been uh I see uh because you're coming back up,
the audio works
still appears to be on mute.
Mm
I've been informed that uh Mr colagiovanni has sent in written testimony and we'll welcome that. Apologies. We haven't been able to fix the audio issues. I've been informed. It doesn't appear to be on the legislative.
32804 Hello,32804 this is joe colagiovanni mr Kearney Welcome. Well, thank you. Sorry, I know what was going on my computer but was able to violence. I'm grateful for that. Go32814 right ahead. All right, thank you. So, um, I wanted to stop by saying, you know, thanking everyone on the committee. Um, I heard you to please support bill. That's 11 12 and act relative people in the autonomy and feelings within the bill states that no person shall be compelled by law to acquiesce to medical treatments. Agent collections of specimens are sharing your personal data or medical information. I always have the freedom to make their own personal and private health decisions protected under HIPPA with no interference from any private or state employer. The Nuremberg code states the voluntary consent of the individuals is absolutely essential. However, there is increase for suppression and citizens in this country here in massachusetts markers. The common Mom you know, employers
fired seen, seen this is really when it is happening, punitive and regulatory measures include loss of employment in the schools colleges, restaurants and venues, the discriminatory practices by an arrogant and refusing a two tier society. This is unethical, discriminatory tyrannical and this cannot happen in a free society must be upheld as americans. We talk to speak out a lack of told me freedom around the world and its our duty as americans. Just speak up when you see that
American and lover what this country stands quote necessary and that's 11 close to support. Never in a million years would need to pass a bill. Freedoms, freedoms that are granted rights in the constitution. No doubt32931 the pandemic has impacted our country in the world Just because we have an investment that does not mean we need to give up our freedoms. Since its founding the United States has been a beacon of freedom for the world in America. We have freedoms that32946 countries, other countries can dream of about the commonwealth. Even we have integrating landmarks. The representative freedom that we hold dear the at the site of the boston tea party, the boston32957 massacre concord and Lexington Frederick Douglass gave one of his 1st 1st because here in Massachusetts, you have a movie 50 across the street we were walking trail for the fruit trail. The commonwealth has a rich history of freedom, her license place even say the spirit of America today in the spirit of
we are experiencing unprecedented over to you. Our state on our behalf. Howitt
businesses in the state have a place in turning
and medical problems noted. We have the right, I don't agree with the assurances I'm facing charges and freedom from intimidation.
He never be allowed to infringe upon our ability to work right to informed consent and freedom from the threat or compulsion to accept any medical intervention including back in the Okay, That's 11 12 provide such protections and safeguards,
disinformation,
lawyers, determinations based upon medical treatment choices. I sincerely ask the person
consideration and support is most appreciated. Thank you
immunity. Thank you for your testimony. Uh we're all experiences but appreciate it. Um Any questions from the committee.
Alright, seeing none again sir. Thanks for your patience and your tenacity to be able to be heard. Um I am going to run through a list of names now of individuals we have previously called who did not answer the first time through. If you hear your name would ask you to raise your hand virtually using the raise hand function uh so that we can recognize you in due course the staff can identify the names33102 so if you hear your name, that means we've called you previously but have not been able to call you up formally for testimony. Shelly Mendez and Michelle roberts,
juan, Cofield,
Rhonda Green Maddie. Raymond
Sena for Mendoza
Cara Danske
a kelly.
Debbie Hogan
dana Boardman
Deborah Fels Roy
alexandria Horn
Glory Skop
Justine mellow
Shereen Raisbeck
Silvia to him a bully
randi Morales or a bone
priya Philips33167
sam Heughan. Okay, jasmine Forbes
yeah. Gretchen Hollande
shana, cottony,
jean, Derderian
Renee arena
michael Busch,
carol, langley, yes. Tatiana Vasquez,
Jessica lange, I'm sorry Jessica lane
Valerie O'Connor
Deb race
vanessa from Worcester
jennifer gallant
dr cora Stover
marty, levin
mary, Sullivan
julie didrikson, yeah. Alison Hartman,
Angela, foley
Chase, Conrad
linda, Ciccolo
Olivia friel
MEREDITH Orlowski,
Lauren Carey
john G route jr from just abundance incorporated
david Kane
Francesco, spagnola,
Patti page
Wyatt Peterson
and jodi Calvino said Brianna.33287
I see linda Ciccolo and that's all I've seen for raised hands. So uh linda Ciccolo Welcome. Thank you.
Good evening and thanks for sticking this out. My name is linda, Ciccolo And as a result of being given antibiotics for every cold or flu. As a kid, I developed chronic candida which led me on a search for alternative modes for handling virus and minor bacterial infections Over the years. I've assembled33319 a collection of effective herbs and nutraceuticals that have kept me and my family out of the Doctor's office for colds flu and more indeed at the age of 66, I'm in better health in many ways than I was at age 30. In March 2020 my adult daughter came home with what we33336 thought was the flu, but later learned was covid. She treated herself with what we had in the kitchen and my husband and I did the same prophylactically in spite of being in close contact with her for over 10 days of her illness. Neither my husband nor I got sick and she recovered, I attribute are good health to our wellness choices which now feel under attack for this. I ask33358 you that you support the bills. S 11 22 and age 41 51 to protect my feet up, freedom to choose. But I33366 do have another point about the importance of diversity of approaches. Around the same time last year, our government agencies repeatedly told the american people there were no known treatment for this virus to stay home until a vaccine could be developed. I believe that these statements were incorrect, misleading and industry arrogant During the 1918 flu pandemic. According to New York health authorities, chiropractic treatment had a stunning success for every 10,000 patients treated under medical care. 950 people died under chiropractic care. Only 25. I'll include documentation in my written testimony. Even though this pandemic was compared to the earlier one where chiropractic six chiropractors asked to step forward know what about acupuncturists? Herbalists, functional medicine practitioners. Again, no, neither were other medical doctors who were on the front lines. Early last year. Dr Pierre cory Dr paul Marik. Dr Peter Maccaulich, plus other critical care specialists began coordinating promising and successful33434 early treatments with repurposed drugs and nutraceuticals. Dr. McAuliffe's study was the most downloaded paper in 2020, more than 122,000
times. These studies demonstrated that the lethal effect of covid could be drastically reduced. Dr McCullough says that if this information had been acknowledged by the C. D. C. And acted upon, the pandemic could have been over in May of 2020 and up to 85% of lives could have been saved. But the opposite happened. Doctors who shared information on social media were scrubbed censored ridiculed and in some cases had their hospital privileges revoked, threatened with losing their jobs. Is the reason these treatments were ignored because in order for vaccines to be granted emergency status status that had to be demonstrated there were no other treatments available. Please for our sake. Our health of massachusetts residents and all of americans support these two bills. Thank you so much for listening. Thank you for your testimony, appreciate it. Any questions from members of the committee? Mhm. Alright seeing none. Thank you for your patience and your testimony. I see one more hand raised A. H. I guess is either Alison Hartman
A. H.
Hi, can you hear me? We've got you
senators Representatives Judicial committee. I strongly urge you to support Bill 4151 and Bill S 112 to as a very concerned resident. I see the writing on the wall. I'm asking that you protect our freedom of choice, protect our families, constitutional33541 rights to health choice regarding all medical treatments including vaccines and testing. I ask that you keep our personal health data33549 private and protected from corporations. These bills will protect our constitutional liberties. These bills will protect unvaccinated employees from being unfairly pressured to undergo vaccination in order to retain their jobs. Such coercive and extorted measures by government and employers is unprecedented in its overreach and it needs stop33570 now. Such abuse cannot stand american citizens such as myself, have the right to make our own informed medical decisions without duress or undue interference. As the Nuremberg code states, the voluntary consent of the individual is absolutely essential. Any massachusetts citizens should not be discriminated against for any health decision based upon their own unique religious beliefs or health circumstances. Education and employment are the gateways33596 to achievement and economic stability for all. And coercing people into medical treatments or vaccines is discriminatory punishment. This is exactly what is going on in our own state government. Right now, I have first hand knowledge of the course of acts being performed by the baker administration. The baker administration has failed the public by pretending to offer religious medical vaccine exemptions to it. State workers with a premeditated motive to deny nearly all exemption. This coercion ultimately lead to hundreds of state workers being terminated. What is even more appalling is that many exemptions were first approved across many state agencies, but the approvals would later be rescinded and work is forced into the streets. There are many who are currently suspended and on the verge of termination. The same coercive events took place at the department of corrections. The approvals. The exemptions were approved would then later be rescinded and in denial center, someone needs to take a look at the Secretary of Catherine Starr's office and what her staff don and Daniels and Suzanne Croatia are doing discordant behavior needs to stop33661 and it needs to stop now. We, the people of the commonwealth represent all races, nationalities, circumstances and socio economic backgrounds. Each of us have an inalienable right to conduct our lives and the lives of our families and dignity, making our personal health decisions based on our highest good without fear of Reprisal from the government or from private businesses. Our families look to u legislators to support this bill.
Thank you for your testimony, appreciate it. Any questions from members of the33696 committee.
Alright, seeing none. Thank you again for your time, Your patients uh that will conclude the oral testimony portion of tonight's. Today's tonight hearing on the judiciary committees, privacy and protected classes, category of bills. It's been a long day. I want to personally thank everyone who stuck in throughout this hearing to listen to the testimony. He was done in a respectful way and I appreciate that from all participants today. I want to particularly thank chair Jamie Eldridge, my co chair for his work uh and commitment as well to the hearing to our other committee members who joined us today. Uh and particularly to the staff of the Judiciary Committee, including Michael Car and David M er as well as Jackie Manning, Diana Williams, Patrick Prendergast and Dan Hudson for their work and a particular note to Sheamus Corbett and all the staff at L A s for their technological work in remedying some of the snafus we're having uh as well as helping us to run this hearing itself if you wish to submit written testimony, were not able to testify early today. Again, we would reiterate that you do so by supplementing your testimony or submitting straight written testimony to the judiciary committee at uh email would be to Jackie Manning and that's Jacqueline. J C Q U E L I N E dot oh dot manning at um a house dot gov again. Thank you for your patience your testimony. Always much appreciated. We wish you a very happy thanksgiving,33796 wonderful rest of the week. Thanks all with that will adjourn.
Mhm.
Yeah.
Mhm.
Mhm.
Mhm.
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