To the editor:

As Portsmouth’s state senator, a retired attorney and a taxpayer, I have questions about the town council’s 5-2 vote to spend up to $20,000 suing the state over its housing laws. Democratic Councilors Payero and Blank supported the housing resolution but voted against the spending.

I am not weighing in on whether these laws are constitutional. My concern is that basic questions remain unanswered, leaving the council majority’s decision opaque when taxpayers deserve transparency.

First, what harm is the town claiming? The draft complaint asks a court to strike down all or parts of 13 state laws. Yet it does not cite a Portsmouth project or permit affected by them, nor put a dollar figure on any cost to the town. How can a lawsuit challenge laws on accessory dwelling units, affordable housing requirements, wetland protections, parking and local permitting without identifying a specific harm?

Second, why is Portsmouth paying most of the upfront costs? The complaint describes a coalition whose other members are “to be named later.” Only Hopkinton has contributed, with $4,000. Portsmouth taxpayers have paid about $13,000 in legal fees to the town solicitors. If this is a statewide concern, why isn’t the Rhode Island League of Cities and Towns leading the effort? Constitutional cases can take years and multiple appeals. How much more will Portsmouth taxpayers be asked to cover?

Third, what did the town do to avoid litigation? I filed every town council resolution as proposed legislation except Resolution 27-A. The legislature’s attorneys advised that it was too vague to be drafted as a bill. The town’s resolution asked state legislators to “introduce the appropriate legislation” without identifying any provision to change and asked the state to “work collaboratively with municipalities.” What collaboration did the council majority and its town solicitor envision, and what did they undertake before voting to sue?

These questions deserve answers before more taxpayer money is spent.

To be clear, I have not supported every housing bill that has passed. I voted against the accessory dwelling unit bill. As a former town council member, I believe in maintaining appropriate local control. In coastal towns like Portsmouth and Bristol, adding supply alone often adds density without meaningfully lowering housing costs.

Portsmouth already knows what works. Town Administrator Rich Rainer and the previous town council partnered with Church Community Housing to bring a new senior center and 54 affordable senior apartments to Bristol Ferry Road at no cost to Portsmouth taxpayers. I was honored that the Housing Network of Rhode Island recognized my part in that collaboration, showing how working together can address housing issues.

Taxpayers deserve transparency about the costs and benefits of this lawsuit. They also deserve real work on improvements to state law and stronger partnerships with housing advocates. I look forward to working with the council and town solicitor on that legislation and other projects that benefit Portsmouth.

Sen. Linda Ujifusa

District 11

Portsmouth