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Rhode Island Affiliate, American Civil Liberties Union

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NEWSLETTERS
2011

Legislative Issue 2011

Volume XVII, Issue 3

Contents


Civil Rights Setbacks Dominate 2011 Legislative Session

It could have been worse. That is probably the best that can be said about one of the most civil liberties-hostile General Assembly sessions in decades that concluded in the early morning hours of June 30th. One of the most discouraging aspects of the session was a consistent failure by legislators to stand up for civil rights on at least three key issues:

As for civil liberties generally, the free speech and privacy rights of all Rhode Islanders were eroded by passage of a series of bills involving the Internet and electronic communications. One bill has given police wide-ranging authority to obtain internet subscriber information without a warrant. Two other laws clamp down hard on children: a “cyberbullying” law subjects students to discipline, and possible police intervention, for sending electronic communications that cause another student undefined “emotional harm.” Another law could subject students who engage in “sexting” – sending nude photos of themselves to others – to possible felony penalties and life-time registration as a sex offender for engaging in this admittedly juvenile but wide-spread teen activity. This fervent criminalization of activity on the Internet is a troubling development with very serious consequences for individual freedoms.

Not all was doom and gloom. The General Assembly passed one of the strongest laws in the country, drafted by the ACLU, to protect pregnant prisoners from unwarranted shackling and restraints during the course of their pregnancy. The legislature also approved two other modest ACLU bills protecting the privacy of newborns and the confidentiality of Social Security Numbers. In addition, ACLU lobbying helped bottle up in committee some extreme criminal justice measures, as well as two seemingly innocuous bills that were poisoned by the addition of far-reaching anti-abortion amendments. A more detailed review of these and many other bills appears inside.

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From the Desk of the Executive Director

With a General Assembly session as painful as this one, it would be easy to give in to despair. But as difficult as the session was, it is even more frightening to consider what it would have been like without a constant ACLU presence at the State House.

There is no question that the Affiliate’s lobbying activities stopped in their tracks many bills extremely antithetical to civil liberties. And despite some major losses, the Affiliate succeeded in getting a few good bills passed — including the nation’s strongest law protecting pregnant women who are incarerated.

In addition, the passage of regressive laws is not the end of the line for the Affiliate. That is where the ACLU’s multi-pronged approach to protecting civil liberties comes in handy. In the coming months, we will be examining the possibility of challenging some of these new laws in the courtroom, and hopefully prevailing there.

In the meantime, as you will see on the back page, we have lots of events lined up for the summer — our annual legislative wrap-up, a jazz concert, and a banned books event. I hope you can attend one or more of them and join in a celebration of civil liberties — after all, we still have some left!

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2011 Legislative Review

As is true every session, the ACLU lobbied on literally hundreds of bills and, despite some major losses, dozens of bills were improved, or died, thanks to the Affiliate’s presence. For additional information about the bills described here, other legislation the ACLU lobbied on this session, and copies of Affiliate testimony, please visit our website at www.riaclu.org.

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News Briefs

Justice Department Urged to Investigate Lock-Up of Truants

The RI ACLU has urged the United States Department of Justice to investigate the detention of truants overnight at the state Training School. In a letter sent to DOJ officials, the ACLU asserts that the documented detention by Family Court judges of at least 28 minors violates a federal law, known as the Juvenile Justice and Delinquency Prevention Act, that bars the imprisonment of minors who are charged with committing status offenses, such as truancy. The detentions have occurred when the minors have been held in criminal contempt of court for exhibiting disrespectful behavior at their truancy hearings. In one of the cases, a 12-year-old girl who had no lawyer or parent present at her hearing, was sent to the Training School for two nights after slamming a door behind her. The letter is complementary to the Affiliate’s pending lawsuit challenging the constitutionality of various Truancy Court practices.

Groups Support Governor's Refusal to Transfer Inmate to Federal Government to Face Death Penalty Charges

Eight organizations – including the RI ACLU, the RI Commission for Human Rights, the RI State Council of Churches, the Urban League of RI and the American Friends Service Committee – issued a statement commending Governor Lincoln Chafee for refusing to turn over a state inmate that the federal government wishes to obtain custody of in order to seek the death penalty. The statement called on the U.S. Attorney to cease his efforts to obtain custody of Jason Wayne Pleau. The groups criticized “the federal government’s blatant effort to impose on our state a policy that Rhode Island has rejected for more than a century-and-a-half,” and said that the Governor was “acting in the state’s highest tradition by maintaining Rhode Island’s long-standing opposition to the death penalty.” As this newsletter went to press, a federal appeals court had temporarily stayed a lower court from ordering his transfer to federal custody.

ACLU Calls on Governor Chafeeto Issue Medical Marijuana Dispensary Licenses; Challenges Threat Issued by U.S. Attorney

In yet another stand-off with U.S. Attorney Peter Neronha, the ACLU called on Governor Chafee to issue certificates of registration to three medical marijuana dispensaries approved by the Department of Health, notwithstanding a threatening letter sent in May by Neronha suggesting that those dispensaries may be criminally liable under federal law. In a letter sent to the Governor, the ACLU wrote: “State law mandates the issuance of these registrations. Nothing in federal law or Mr. Neronha’s letter prevents the State from exercising its clear obligation under state law to issue those certificates. Upon issuance of those registrations, it will then be up to the dispensaries themselves to decide how to respond to the U.S. Attorney’s threats.” Failing to issue the certificates, the ACLU noted, “deprives the aggrieved dispensaries of any opportunity to question or challenge the validity of Mr. Neronha’s position. Perhaps most importantly, it deprives suffering patients of the hope that they will soon receive the medicine they need.”

ACLU Seeks Preliminary Injunction Against Continued Display of Cranston School Prayer

The Rhode Island ACLU has asked a federal judge to preliminarily enjoin the City of Cranston from continuing to display a “School Prayer” mural addressed to “Our Heavenly Father” that is painted on a Cranston High School West auditorium wall. The request for interim relief, pending a final decision in the case, was filed by RI ACLU volunteer attorneys Lynette Labinger and Thomas Bender. The lawsuit, filed in April, is on behalf of Jessica Ahlquist, a sophomore at the school, who has been a vocal opponent of the prayer display.

In a detailed memo accompanying the request, the ACLU brief notes that whenever Jessica “is required to attend an assembly in the auditorium, or when she chooses to attend extracurricular events, she is exposed to this prominent and large display. She has felt isolated, ostracized and devalued by her school and community because of the School Prayer.” The ACLU’s brief emphasizes that: “The principle at the center of the [First Amendment’s] Establishment Clause is that government must remain neutral with respect to religion and religious practices, religion being a very personal matter of individual conscience.” A court hearing on the ACLU’s request is scheduled for the end of August.

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Organizational Notes

Tune Into the ACLU's Monthly Cable Access Show

Every month the RI ACLU’s cable access show “Rights of a Free People” features a discussion with experts on key civil liberties issues. Check it out!

Playing in August: Legislative Wrap-Up

A summary of this year's civil liberties gains and losses at the General Assembly.

Showtimes:
Channel 13: Tuesdays 10:00pm & Fridays 3:30pm (Channel 32 on Verizon FIOS)
Channel 18: ( In Providence & N. Providence) Wednesdays 9:00pm (Channel 38 on Verizon FIOS)

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Interested in Hosting a House Party?

House parties offer an opportunity for ACLU members to socialize with each other, and give potential ACLU members an opportunity to learn more about the ACLU’s work.  Last year, the Affiliate held successful events in Pawtucket, Woonsocket and Barrington. If you would like to learn more about hosting an ACLU house party in your community, please contact Meg Armstrong at the Affiliate office at 831-7171.

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RI ACLU Meets with Rep. James Langevin

ACLU Board of Directors and staff members had the opportunity to meet with Congressman James Langevin to discuss concerns about the Authorization of Military Force Act that would expand the “war on terror” by removing geographic boundaries, time limits, and placing no limitations on the president. The new war powers could even be used within our own country or against American citizens. Rep. Langevin expressed his support for the ACLU’s position, although the bill has passed the House and is pending in the Senate.

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Pride Fest 2011

Rhode Island ACLU staff, board members, and volunteers spoke with visitors at our booth at the 35th Annual Rhode Island Pride Fest. In 1976, the ACLU made this very event possible when we took on the case Toward a Gayer Bicentennial Committee v. McQueeney; after a permit was denied by Providence police, a federal judge issued a restraining order allowing the state’s first gay pride parade to proceed.

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Upcoming RI ACLU Events

We are going to be quite busy in the coming months. Below is a list of upcoming events our members will have the opportunity to attend. Be sure to watch your mailbox, and visit our website frequently at www.riaclu.org, as more detailed information will be posted closer to the events.

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128 Dorrance Street Suite 220    Providence, RI 02903  dot  Phone (401) 831-7171       Fax (401) 831-7175     riaclu@riaclu.org

Thiswww.riaclu.org is the website of the Rhode Island Affiliate, ACLU and the ACLU Foundation of Rhode Island. 

Learn more about the distinction between these two components of the RI ACLU.