News & Commentary

Should a decision as to whether a Rhode Island author is entitled to a sales tax exemption depend on whether she has written a fictional murder mystery as opposed to an exhaustive history of the state? That is the question at the crux of a federal lawsuit the ACLU of RI filed today, challenging the state Division of Taxation’s position that a special sales tax exemption for Rhode Island authors applies only to works of fiction, and not to non-fiction, because non-fiction is not “creative and original.” The lawsuit, filed by ACLU of RI cooperating attorney Lynette Labinger, argues that making such a distinction on the content of the work violates the First Amendment’s guarantees of freedom of speech and freedom of the press.   The law at issue, enacted by the General Assembly in 2013, is designed to promote the work of local writers and artists. It exempts from the sales tax “original and creative works” sold by writers, composers, and artists residing in Rhode Island. At some point, however, the Taxation Division, in consultation with the RI State Council on the Arts (RISCA), determined that non-fiction books are not “original and creative works,” and therefore not eligible for the tax exemption.

The ACLU of Rhode Island today settled a federal lawsuit against the City of Cranston, successfully challenging its selective enforcement of ordinances barring the placement of commercial advertisements on city property. The suit was filed two filed years ago by ACLU volunteer attorney Richard A. Sinapi on behalf of Stephen Hunter, a lawyer who was threatened with fines if he did not take down signs advertising his business that he had posted at various intersections throughout the city – even though there were dozens of other advertising signs posted at the same locations and many hundreds more citywide, which were left untouched and not cited.

Happy Earth Day!

The ACLU of RI today announced the settlement of a federal lawsuit against the City of Woonsocket for unlawfully withholding critically needed grant funds from Sojourner House, a social service agency that helps victims of domestic violence. Filed by ACLU of RI volunteer attorneys Matthew Oliverio and Stephen Prignano last August, the lawsuit alleged that the City withheld the funds without cause or due process, and retaliated against the agency after it petitioned other government agencies for help in resolving the dispute over the funds.

Leaders from ten religious and secular organizations today applauded R.I. Attorney General Peter Neronha’s decision to withdraw the State of Rhode Island’s name from a U.S. Supreme Court brief in a controversial church-state case. The brief supported a Maryland agency’s position that its sponsorship and funding of a 40-foot-tall Latin cross to memorialize WWI veterans did not violate the First Amendment. The decision in the case, scheduled to be argued before the Supreme Court later this month, could have profound implications for the First Amendment’s principle of separation of church and state, the legacy of Rhode Island founder Roger Williams.

The ACLU of Rhode Island today filed a “friend of the court” brief in the R.I. Supreme Court, arguing that the Providence Board of Licenses’ revocation of the Foxy Lady’s entertainment license earlier this month, and the failure to issue a stay of the decision pending full judicial review, violate the club’s First Amendment rights. All of the club’s licenses to operate were revoked earlier this month by the Board after undercover officers arrested three female employees for allegedly soliciting for prostitution.

Although the Foxy Lady has been providing adult entertainment in Providence for decades, it had never been called before the Providence Board of Licenses until this month, after a police sting there resulted in three women being charged with the misdemeanor offense of soliciting for prostitution. The Board, rather than commend the club for its longstanding record of compliance with the licensing laws, instead took the extraordinary step of permanently revoking the Foxy Lady’s entertainment and liquor licenses, throwing more than 200 people out of work just a week before Christmas.

The ACLU of RI and three media organizations today submitted a supplemental “friend of the court” brief in federal court in support of a lawsuit filed by the Providence Journal seeking to obtain a copy of a jury form that was prepared in a high-profile murder case.

UPDATE, 3/12/19: The Central Falls City Council voted unanimously to repeal the ordinance.