Chertok v. Medford

Medford, Massachusetts, passed a Values-Aligned Local Investments Ordinance barring the city from investing public funds in companies tied to weapons manufacturing, fossil fuels, private prisons and severe human rights violations. Though the ordinance never mentions Israel, two residents sued to block it, arguing that it intrudes on the federal government’s authority over foreign policy. The Mayor, whose veto of the ordinance was overridden by the City Council, made clear she would not defend it, so ADC moved to intervene on behalf of twelve Medford residents and taxpayers who fought to pass the law, later joined by members of the City Council.

When the City asked the court to enter judgment against its own ordinance, ADC opposed, arguing that outside interests should not be able to use the courts to override a duly enacted law while the government responsible for enforcing it declines to meaningfully defend it. ADC also argues that the plaintiffs, who rest their claims on their status as taxpayers, lack standing to bring the suit. The outcome could shape whether communities across the country can withdraw public funds from companies engaged in severe human rights violations.

Photo: Medford City Hall by cmh2315fl on Flickr, licensed under CC BY-NC 2.0; resized.