RIHAP v. Raimondo

The ACLU of RI today announced the settlement of a lawsuit that will ensure that no shelter operating on State property is required to turn away vulnerable homeless Rhode Islanders seeking shelter even though beds are available.  The settlement reached today ended a lawsuit filed in U.S. District Court by ACLU of RI volunteer attorneys Lynette Labinger and John MacDonald challenging a state law, slated to take effect last January and specifically aimed at Harrington Hall in Cranston, which limited the number of registered sex offenders that could stay there to 10% of the shelter’s population, which amounts to 11 people.

Following a closed-chambers conference with U.S. District Judge William Smith today, the State has acknowledged that a new law which caps the occupancy of registered sex offenders at Harrington Hall homeless shelter in Cranston at 10%, will be on hold until the court reaches a final decision in the pending ACLU challenge to the law. In a letter that was sent today to Crossroads Rhode Island, the organization which oversees the Harrington Hall shelter, and submitted to the court, Michael Tondra, Chief of the state’s Office of Housing and Community Development, wrote that: “during the pendency of the lawsuit that there will be no adverse consequences to Crossroads Rhode Island by the State regarding the operation of Harrington Hall should the nightly occupancy exceed that set forth in [the statute] while the State, Crossroads and other stakeholders continue the ongoing work toward reaching the goals set for sex offenders in the statute.” As a result of the letter, it was agreed that the ACLU’s request for a temporary restraining order against enforcement of the law was no longer necessary.  ACLU of RI volunteer attorney Lynette Labinger said: “Our goal in seeking a restraining order was to ensure that anyone needing shelter at Harrington Hall would not be turned away. We are quite pleased that this goal has been voluntarily achieved by agreement of all the parties while the case proceeds.” A briefing schedule is expected to be set in the near future. The letter from the State can be found here. More information on the lawsuit can be found here.  

Below is a summary - prepared by ACLU volunteer attorney Lynette Labinger - of today’s court conference before Judge William Smith in the ACLU’s challenge to the State law which caps the number of registered sex offenders (RSOs) that can stay at Harrington Hall at 10% of the shelter’s population. “Counsel for the parties met with Judge Smith today.  After a lengthy discussion, the Court acknowledged that there are significant legal and factual issues which the State has not yet had an opportunity to address.  It was also acknowledged that Crossroads has not been turning anyone away since the law took effect and the parties agreed that while they are developing the legal issues, no one would be turned away and that we could publicly communicate that understanding.  We are next scheduled to meet with the court on January 16, in order to give the State time to prepare its legal arguments, and in the meantime the State understands that Crossroads will not turn anyone away on the basis of the 10% cap and that there will be no repercussions for doing so.” For more information on the lawsuit, click here.

As emergency workers and homeless rights’ advocates work feverishly to help move vulnerable homeless Rhode Islanders out of the frigid weather, the ACLU of RI has filed an emergency lawsuit to halt enforcement of a new state law taking effect tomorrow that, as those advocates had earlier warned public officials would happen, will evict some homeless people out into the bitter cold.