Letter: Rep. Davis Asks for Support Passing 'Upskirting' Bill

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To the Editor:
 
A recent incident at Williams College — where a student allegedly hid a camera in a fitness center restroom and secretly recorded 18 people — reveals a troubling gap in Massachusetts law.
 
This isn't the first time we've seen this. In 2014, a man placed a hidden phone in a public bathroom in Dalton and recorded both adults and children. While some charges eventually stood, the state's highest court made it clear: the law was too vague and needed to be fixed.
 
The core problem? Secretly filming a nude child in a bathroom is only a misdemeanor, while filming under a child's clothing in public is a felony. That inconsistency leaves children and vulnerable people exposed.
 
As the state representative for the 3rd Berkshire District, I filed H.1633, An Act updating and clarifying the statute relating to "upskirting," to close this loophole. The bill makes it a felony — punishable by up to five years in prison and a $10,000 fine — to secretly record a child or vulnerable person's private parts, whether clothed or unclothed, in any setting. For adult victims, it remains a serious misdemeanor.
 
Felony classification matters. It ensures these crimes show up in background checks and keeps offenders from working with children, coaching, teaching, or holding positions of trust. Without it, someone who secretly films a child could avoid long-term consequences and retain access to minors.
 
This isn't just about keeping up with evolving technology — it's about ensuring basic safety and privacy in places like restrooms, locker rooms, and changing areas.
 
The Legislature acted quickly in 2014 to ban upskirting. Now it's time to finish the job.
 
Please urge the Joint Committee on the Judiciary to advance H.1633. Email the chairs: Lydia.Edwards@masenate.gov and Michael.Day@mahouse.gov. Please also copy me at Leigh.Davis@mahouse.gov.
 
Let's make sure the law protects everyone — especially our kids.
 
State Rep. Leigh Davis        
3rd Berkshire District         

 


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Reps. Leigh Davis, Bud Williams Filing Legislation Honoring Freeman

SHEFFIELD, Mass. — State Reps. Leigh Davis of the 3rd Berkshire District and Bud L. Williams, of the 11th Hampden District, are filing legislation establishing Aug. 22 as Elizabeth Freeman Day of Equality, Healing, and Remembrance in the commonwealth.
 
The legislation would direct the governor to annually issue a proclamation recognizing the courageous contributions of Elizabeth Freeman, an enslaved Black woman known as Mum Bett, whose landmark freedom suit helped spark the legal end of slavery in Massachusetts.
 
"Elizabeth Freeman's story began here in the Berkshires, but its impact reached every corner of the commonwealth," said Davis. "More than two centuries later, her legacy continues to inspire us. Establishing Elizabeth Freeman Day will ensure that future generations learn not only about her extraordinary bravery, but also about the power of one person to change the course of history."
 
In 1781, Freeman, of Sheffield at the time, challenged the institution of slavery by filing suit against her enslaver, Col. John Ashley. In the landmark case Brom and Bett v. Ashley, a Berkshire County jury ruled in favor of Freeman and her fellow plaintiff, Brom, granting them their freedom. The case demonstrated the power of the Massachusetts Constitution's declaration that all people are born free and equal and helped pave the way for the Quock Walker decisions that ultimately ended slavery in the commonwealth. 
 
"Freeman's courage changed the course of history in Massachusetts," said Williams. "At a time when the odds were stacked against her, she stood up and demanded that the promises of liberty and equality contained in our Constitution apply to her as well. She risked everything to challenge an unjust system, and her victory helped lay the foundation for the end of slavery in our commonwealth. Her legacy deserves to be recognized and remembered by every resident of Massachusetts."
 
Although unable to read or write, Freeman understood the meaning of freedom and equality and took extraordinary action to secure those rights for herself and others. Her story remains one of the most powerful examples of individual courage in the face of injustice. 
 
Elizabeth Freeman Day will provide an opportunity for reflection, education, healing, and remembrance, said Williams. 
 
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