Judge considers arguments in Northampton divestment lawsuit
The city's attorneys argued the measure is protected free speech, while the National Jewish Advocacy Center contends it functions as operational policy.
NORTHAMPTON — A Hampshire Superior Court judge heard arguments Wednesday on whether the city's divestment resolution constitutes protected speech or an actionable policy after the National Jewish Advocacy Center sued Northampton over the measure. The resolution, approved by City Council in September 2025, calls for the city to divest from entities involved in human rights violations in Israel and Palestine.
The lawsuit, filed in March by the National Jewish Advocacy Center on behalf of 10 Northampton residents, challenges whether the city can legally pursue divestment. The case hinges on whether the nonbinding resolution functions as free expression by the city government or as an enforceable directive that exceeds city authority. Judge Charles Groce III took the matter under advisement without ruling immediately.
Attorneys for the city argued that the resolution amounts to protected speech. City attorney Jason Talerman contended that the council's use of the word "urge" is suggestive rather than mandatory and compared it to urging a judge or exercising free speech rights. He noted that the council lacks legal authority to dictate how other city entities invest funds, making the resolution merely expressive rather than legally binding.
Attorney Douglas Brooks, representing the National Jewish Advocacy Center, countered that the resolution's language is operational. He pointed to the deadline established in the measure and Mayor Gina-Louise Sciarra's implementation efforts as evidence that the city treats it as policy rather than symbolic expression. "It is not merely a symbolic or expressive resolution, as the city suggests," Brooks said during the hearing.
The resolution directs the city treasurer and retirement board to divest within two years from Israeli bonds and companies identified by the nonprofit American Friends Service Committee as complicit in human rights abuses in Israel and the Palestinian territories. According to the measure, the city has approximately $71,000 invested in such companies, which include Boeing, Chevron, and defense contractor L3Harris, which operates a manufacturing facility in Northampton.
During the hearing, a group of 30 Northampton residents, including 20 members of the local Jewish community, sought to intervene in the lawsuit to defend the resolution. Their attorney, Rachel Weber, said the interveners represent a distinct interest from the city's—they advocate for the resolution itself. She noted that while their interests align now, they could diverge if the case proceeds past the motion to dismiss.
Outside the courthouse about an hour before the hearing, roughly 65 people gathered to rally in support of the resolution. Among speakers was former Ward 7 Councilor Alisa Klein, a dual Israeli-American citizen who served in the Israeli army. Klein described the conflict as genocide against Palestinians and said her military experience led her to oppose Israeli treatment of Palestinians. She rejected characterizations of divestment as antisemitic, calling it neither unprecedented nor radical.
Ward 4 Councilor Jeremy Dubs attended the rally and called the lawsuit "ridiculous," expressing hope for dismissal. City Council President Rachel Maiore also attended the event in support of the resolution.