News & Commentary

Just weeks after R.I. Superior Court Judge William Carnes denied a motion by Family Court Judges to dismiss the ACLU’s class-action lawsuit challenging various Truancy Court practices and procedures, the ACLU has amended its complaint in the case, adding four new school districts as defendants - East Providence, South Kingstown, Burrillville and Smithfield.

The Town of North Kingstown has agreed to the entry of a temporary restraining order limiting enforcement of a constitutionally problematic political sign ordinance that the Rhode Island ACLU challenged in federal court on Wednesday. The agreement eliminates the need for a planned court hearing this afternoon on the ACLU’s request for a restraining order.

The Rhode Island ACLU today filed a federal lawsuit against the Town of North Kingstown, challenging an ordinance that discriminatorily limits the posting of political signs in the town. The suit was filed by ACLU volunteer attorney Richard A. Sinapi on behalf of independent Congressional candidate John O. Matson, who was forced to take down a number of his political signs this month after being notified that they violated the town’s zoning restrictions on the size and placement of such signs.

The Rhode Island ACLU was one of only two organizations to raise concerns about enactment of the statute passed in June by the General Assembly, and aimed at Central Falls, authorizing the state to appoint a “receiver” to “distressed” municipalities. The law was introduced, heard, voted on and signed into law within the space of less than 72 hours. RI ACLU executive director Steven Brown issued the following statement in response to Judge Silverstein’s ruling today upholding the law’s constitutionality:

The State has paid over $5,500 in attorneys’ fees and costs to the RI ACLU to conclude an Access to Public Records Act (APRA) lawsuit the ACLU filed against Governor Donald Carcieri in 2008 seeking access to documents addressing the “chain of command” when the Governor is out of state.

In an important procedural ruling, R.I. Superior Court Judge William Carnes today denied a motion by Family Court Judges to dismiss the ACLU’s class-action lawsuit challenging various Truancy Court practices and procedures. In a 67-page opinion, the Judge found there was a sufficient basis for the ACLU to begin limited discovery against the defendants in the lawsuit. In the meantime, the Judge called on the parties to assist with a schedule to keep the case on track.

Claiming that the Narragansett Police Department has “set a very dangerous precedent that could have a significantly chilling effect on freedom of speech by town residents,” the Rhode Island ACLU has called on the town’s Police Chief to drop criminal “cyberstalking” charges recently lodged against two town residents in separate incidents. The charges stem from vulgar comments the residents made about two local politicians on a Craigslist website devoted to “rants and raves.”

The Rhode Island ACLU has settled a federal lawsuit on behalf of former state Senator Michael Damiani against the City of East Providence, which in 2007 conditioned his appointment as an Assistant Harbormaster on passing a “vigorous” physical exam. The lawsuit, filed by ACLU volunteer attorney Carolyn A. Mannis, had argued that the requirement violated Damiani’s rights under various employment anti-discrimination laws. Under the settlement agreement announced today, the City has agreed to pay Damiani $7,000 in damages, as well as $15,000 in attorney’s fees.

The Rhode Island ACLU today announced the favorable settlement  of its federal lawsuit against the Division of Motor Vehicles for advising thousands of motorists earlier this year that their license and registration would be suspended due to alleged unpaid fines that sometimes went back decades. The lawsuit called the DMV notices “facially unconstitutional,” as they gave recipients no information about the nature of the alleged offense leading to the suspension, the penalty for the offense, or even the date that the offense purportedly took place.