Judge denies O’brien appeal in CCC case
An Appeals Court judge on Tuesday rejected suspended Cannabis Control Chairwoman Shannon O’brien’s petition, once again clearing the way for Treasurer Deborah Goldberg to schedule the meeting that could lead to O’brien’s firing.
Superior Court Judge Debra Squires-lee in December rejected process guardrails that O’brien sought and ruled that Goldberg could consider O’brien’s firing under certain circumstances. O’brien filed a petition last month seeking to have an Appeals Court judge vacate the lower court decision, and issue a new order meeting O’brien’s demands.
Appeals Court Judge Rachel Hershfang said in an order late Tuesday that the arguments O’brien presented in her appeal do not meet the “high standard” necessary to overturn a Superior Court ruling.
“My review of the record reveals no error of law or abuse of discretion in the motion judge’s ruling that the Supreme Judicial Court’s various decisions in the Levy cases govern the analysis of the process due to the plaintiff … and that the procedural protections described in the revised protocol are adequate to satisfy those requirements,” Hershfang wrote.
Joe Baerlein, a spokesman for O’brien, said Tuesday night that the chairwoman “looks forward to the truth coming out of this hearing process.”
“The legal efforts to date have been about ensuring that Chair O’brien has the opportunity for an open and impartial hearing and an opportunity to defend her reputation,” Baerlein said.
Under the “protocol” for the eventual O’brien-goldberg meeting, which Goldberg’s office pro
“No,” she replied.
The city may be challenged to do more with a proposed state budget that level funds existing programs and services. Shelter and services for homeless adult individuals in the proposed fiscal 2025 budget funds those services at the same $110.8 million as the fiscal 2024 appropriation level.
During a Hunger and Homeless Commission meeting on Wednesday, Chair Daniel O’connor, who is also a board president with House of Hope, a nonprofit that helps homeless families, said housing “is the key to addressing homelessness.”
His statement is borne out by the numbers, which show the number of unhoused individuals dramatically increased in 2023, following the end of federal and statefunded programs that used emergency COVID-19 relief money since 2020 to expand both shelter and hotel beds for unhoused residents.
The housing and homeless crisis is a local, regional, state and nationwide issue. The commonwealth has a 200,000-unit shortage. According to Lowell Forward, the city’s comprehensive master plan, Lowell needs 2,500 more units of housing to keep up with population growth, which had councilors like Wayne Jenness looking at other housing opportunities for the unhoused population.
His motion had asked City Manager Tom Golden to have the proper department explore the possibility of creating an emergency shelter for single adults experiencing homelessness, similar to what the city of Worcester did with its former Registry of Motor Vehicles space.
“I think this is an interesting opportunity and an interesting model that we can try to replicate here,” Jenness said.
In her response, Fitzpatrick said if the city could, it would, but right now, it can’t.
“If the ideal building were available in the right location and condition to allow us to transform it as easily as was done in Worcester, it would be done,” she wrote. “Unfortunately, the available spaces in Lowell for this purpose need extensive rehabilitation. The Worcester RMV space was in good condition and took six months to secure for a December 12th startup.”
Last May, the council voted to explore whether the monumental and abandoned Superior Courthouse on Gorham Street could be repurposed to meet the housing needs of the growing homeless population in the community.
“I recognize that we may not have that perfect space to be able to do this,” Jenness said about his motion. “This is an effort to look forward. There are currently 97 unsheltered folks sleeping outside … Address the challenges they’re facing, as well as the rest of the city, the neighbors the businesses and everybody else. We need to try to find a way to move forward on this.”
In a meeting that could be related to the city’s housing crisis, the council adjourned after its regular session to go into executive session to consider and discuss the possible acquisition of the former Ste Jeanne D’arc School property.