City Council introduces legislation to blunt Not On Our Dime’s BDS referendum
Political chessCouncil attempts a legislative check mate

City Council introduces legislation to blunt Not On Our Dime’s BDS referendum

"We should be spending time on really critical issues facing the city like vacant lots and housing, homelessness and the future of our downtown.”

Community Relations Council Director Laura Cherner (left) stand with attorneys Efrem Grail, Carolyn McGee and Ronald Hicks, StandWithUs Mid-Atlantic Regional Director Julie Paris and Jewish Federation of Greater Pittsburgh President and CEO Jeff Finkelstein after the defeat of a BDS referendum that would have asked Pittsburgh residents to bar the city from doing business with the State of Israel. City Council has introduced ordinances to stop similar referendums to alter the city's Home Rule Charter. (Photo provided by Julie Paris)
Community Relations Council Director Laura Cherner (left) stand with attorneys Efrem Grail, Carolyn McGee and Ronald Hicks, StandWithUs Mid-Atlantic Regional Director Julie Paris and Jewish Federation of Greater Pittsburgh President and CEO Jeff Finkelstein after the defeat of a BDS referendum that would have asked Pittsburgh residents to bar the city from doing business with the State of Israel. City Council has introduced ordinances to stop similar referendums to alter the city's Home Rule Charter. (Photo provided by Julie Paris)

Pittsburgh City Council has introduced legislation meant to blunt a referendum to the Home Rule Charter, proposed by the group Not On Our Dime, which would force the city to divest from Israel and companies that do business with the Jewish state.

Councilperson Erika Strassburger, District 8, along with co-sponsor Bob Charland, District 3, Anthony Coghill, District 4, Daniel Lovelle, District 6 and Bobby Wilson, District 1, introduced two bills at council’s Jan. 21 meeting that they hope to have added to the May ballot.

The first would prohibit “the discrimination on the basis of race, religion, national origin or association or affiliation with any nation or foreign state in conducting business of the city.”

The second would prohibit the “Home Rule Charter Amendment process to add duties or obligations beyond the lawful scope of the city’s authority.”

Not On Our Dime’s proposed referendum, which the organization is attempting to have added to the May ballot by gathering more than 12,500 signatures, seeks to amend the Home Rule Charter to establish “a financial policy to divert funds from governments engaged in genocide and apartheid — such as the state of Israel and corporations doing business with them,” implement “investment policies with goals to reduce arms production and promote human dignity” and “increase “transparency of City business relationships and investments.”

Strassburger, whose district includes Squirrel Hill, said she wrote the legislation out of concern over the effects the Not On Our Dime referendum would have on the city if passed by a majority of voters.

She said that if the referendum were put into effect “it would hamstring the city so much that we wouldn’t be able to accomplish much at all.” The city does business with a vast number of global entities, including Israel, Stassburger said, and would have to stop doing business with countries like China as well.

There most likely would be legal challenges concerning whether particular countries fall under the language of the referendum, she noted, and it would take significant resources to compile a list of companies and countries the city does business with, as well as “some sort of sanctions list.”

“That’s a lot of time spent,” Strassburger said, “when we should be spending time on really critical issues facing the city like vacant lots and housing, homelessness and the future of our downtown.”

Additionally, she said, there is the question of legality and whether the Not On Our Dime referendum “directly contradicts the sort of prohibition against boycotts and sanctions that exist at the state level, not to mention potential conflict with federal law and the Constitution.”

Some community leaders have speculated that if the Not On Our Dime referendum becomes law, it would prevent the state of Pennsylvania from doing business with Pittsburgh.

South Side councilperson Charland also is concerned about the impact the proposed referendum would have on the city.

“I want to make sure that everything we’re doing in the city is on strong legal footing and legally sound,” he said.

Coghill, whose district abuts the South Hills suburbs, which is home to the second largest Jewish community in the region, said he believes the courts would strike down the Not On Our Dime legislation, but doesn’t want to take any chances.

He said that while no one wants to see the ugliness of war, he’s a strong supporter of both the Jewish community and Israel.

“What they [Not On Our Dime] are doing is divisive,” Coghill said. “We see the possible end to this crazy war that was thrust upon Israel. We should be nurturing and hoping it comes to an end. Instead, they want to put this forward, which is divisive and insulting.”

City Controller Rachel Heisler, who joined the Jewish Federation of Greater Pittsburgh to successfully challenge a similar referendum brought by Not On Our Dime in August, said her office has a fiduciary duty to the City of Pittsburgh.

“As we evaluate potential effects of the new language being circulated, I am glad City Council is separately considering legislation to remove guesswork from the referendum process and to better align with state law,” she said. “I am committed to doing what is best for the City of Pittsburgh and our residents.”

Pittsburgh Mayor Ed Gainey said he understands residents are concerned about the security of Israel and that they have compassion for the people of Gaza, as well. Cooperation, he said, is what drives the city to create a safe environment for everyone, and that is achieved through honest dialogue and commitment to building on common ground.

For that reason, he said, he’s “not sure that amendments to the Home Rule Charter are an appropriate or effective way for us to engage in this dialogue.”

Gainey said he asked the city’s law department to review the impact of all three referendums and the effect they would have on the city’s ability to provide government services.

“I do not want to see unintended consequences that would harm the safety, well-being and economic stability of our residents,” Gainey said. “Let’s be thoughtful in how we move forward to ensure that every decision we make strengthens our community and promotes peace rather than division.”

Laura Cherner, director of Federation’s Community Relations Council, said she’s glad council members introduced the new legislation, adding that council should be focused on the needs of the city.

“They have a responsibility to govern in a way that supports the city’s ability to function,” Cherner said. “Abuses of the Home Rule Charter, like the ones proposed by Not On Our Dime, would not be enforceable because it runs afoul of state law.”

And while it is Cherner’s belief that the proposed council referendums would address Not On Our Dime’s ballot initiative, she said that Federation was working to educate the community about the initiative and urging people not to sign the petition to get it on the ballot.

The Federation will challenge the referendum if necessary, Cherner said.

Julie Paris, StandWithUs’ Mid-Atlantic regional director, said her organization will also work to educate the public about the potential harm of Not On Our Dime’s referendum.

“We will continue to work with local, state and federal officials on understanding the harm that the BDS movement causes and why this particular referendum will cause harm to the well-being of every citizen of Pittsburgh,” Paris said.

Ben Case, a leader of Not On Our Dime, said he’s happy that “the tools of direct democracy are getting more attention in Pittsburgh.”

Not On Our Dime is reviewing the referendums’ language with its legal team, Case said, but the group supports increasing protections against discrimination in Pittsburgh.

“To be perfectly honest with you,” he said, “I don’t understand why someone would think that [the council’s] proposals are in conflict with our campaign.”

Case said that Not On Our Dime wants more transparency about how citizens’ tax dollars are spent, “specifically concerning foreign governments that are engaged in certain types of morally reprehensible behavior. To the degree possible, we don’t want our public money going toward governments that are engaging in behaviors like genocide and ethnic cleansing.”

Strassburger said a public hearing will take place on the council’s measures before a final vote on Feb. 4. PJC

David Rullo can be reached at drullo@pittsburghjewishchronicle.org.

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