News & Commentary

The ACLU of Rhode Island today announced the favorable settlement of its lawsuit on behalf of ACI inmate Wesley Spratt, who since 2003 had been barred by the Department of Corrections from preaching during Christian religious services at the state prison. Spratt had been preaching at ACI services for seven years before he was unilaterally stopped from doing so based on vague and generalized “security” concerns. A federal district judge initially upheld the ban, but in April the U.S. Court of Appeals for the First Circuit reversed that ruling and ordered a trial on the merits of the case. The settlement obviates the need for a trial.

The Rhode Island ACLU said today that the release of a national report analyzing incarceration rates across the country demonstrates the need for a broader commitment to address racial profiling and related problems of racial disparities in Rhode Island’s criminal justice system. The report, “Uneven Justice: State Rates of Incarceration by Race and Ethnicity,” was released this past week by The Sentencing Project, located in Washington D.C., and examined nationwide prison statistics for 2005. 

In response to a lawsuit filed by the ACLU this past December, state General Treasurer Frank Caprio has promulgated revised crime victim compensation regulations that will take effect this week. The revised rules better protect the rights of violent crime victims by repealing provisions adopted by former General Treasurer Paul Tavares that authorized the denial or reduction of compensation to victims based solely on their having an unrelated drug-related criminal history or DUI conviction in their past. As a result of the changes, the ACLU indicated it will be dismissing its lawsuit, filed by RI ACLU volunteer attorney Frederic Marzilli, challenging those provisions on behalf of the Drug and Alcohol Treatment Association of Rhode Island (DATA). DATA and other organizations – including the R.I. Medical Society, the R.I. Council of Community Mental Health Organizations and the R.I. Disability Law Center – had sharply criticized the regulations as “discriminatory and mean-spirited” by singling out offenses often committed by people who are suffering from diseases – alcoholism and drug addiction.

In an important victory for the public’s right to know, R.I. Superior Court Judge Gilbert Indeglia today ordered the Central Falls Police Department to release to the ACLU the incident report generated by the fatal shooting last month of city resident Selvin Garrido.

Arguing that it promotes “dangerous medical inaccuracies about pregnancy prevention and sexually transmitted diseases” and “sends an inappropriate message to students from non-traditional households,” thirteen organizations today called on public high school principals and superintendents in the state to reject use of a questionable federally-funded “abstinence only until marriage” sex education program recently approved by the RI Department of Education. The private program at issue is run by Heritage Rhode Island (HRI). Among the diverse groups signing the letter to school officials were the RI Medical Society, the RI Coalition Against Domestic Violence, the RI Academy of Family Physicians, AIDS Project Rhode Island and Youth Pride.

The ACLU of Rhode Island today filed an open records lawsuit against the Central Falls Police Department in order to obtain documents concerning the fatal shooting by police last month of city resident Selvin Garrido, who was killed when police came to his apartment in response to a 911 call. Garrido was shot after allegedly coming at police with a knife in his hand.

The Rhode Island ACLU has asked the R.I. Supreme Court to review an appeal that raises fundamental questions about the legality of the procedures used by so-called “truancy courts” that have sprung up across the state in recent years. The ACLU brief filed in the case argues that essential due process safeguards are absent from the operation of these courts.

In an important victory for religious freedom, the U.S. Court of Appeals for the First Circuit in Boston has reversed a lower court ruling that allowed the Department of Corrections to bar an inmate from preaching during Christian religious services at the state prison.

The Rhode Island ACLU today called “shocking” the position advanced by Rhode Island College (RIC) in court papers that RIC does not have to abide by the First Amendment – or any other constitutional restriction, for that matter – because it is not a government agency for civil rights purposes.