News & Commentary

The Rhode Island ACLU has today filed a federal lawsuit against the City of East Providence, challenging City Charter provisions that impose increased burdens, above and beyond what state law requires, on candidates who wish to run for local office. The lawsuit was filed by RI ACLU volunteer attorney Angel Taveras on behalf of Brian Monteiro, an unsuccessful Ward 2 candidate for the East Providence School Committee in the 2008 primary election.

The Rhode Island Affiliate of the American Civil Liberties Union today filed a federal lawsuit on behalf of the family of Hiu Lui (“Jason”) Ng, a 34-year-old Chinese detainee who died last August while in the custody of immigration officials at the Wyatt Detention Facility in Central Falls.

The Rhode Island ACLU has today filed a federal lawsuit against Rhode Island elections officials on behalf of the Moderate Party of Rhode Island (MPRI), challenging the State’s restrictive ballot access laws. The lawsuit, filed by RI ACLU volunteer attorney Mark W. Freel, argues that the laws unconstitutionally impede the ability of fledgling groups like MPRI from gaining formal recognition as a political party.

Ruling in a case brought by the Rhode Island ACLU, a federal court has ruled unconstitutional a state law and regulations that allow billboard signs on buildings near highways only if the sign promotes an activity taking place on the property. The suit was on behalf of Anthony Joseph Vono and his business, Specialty Promotions, which was cited in 2005 by the R.I. Department of Transportation for having a billboard sign that advertised “off premises activity.” In supporting Vono’s First Amendment rights, U.S. District Judge William Smith found that the challenged state policies unconstitutionally gave greater protection to commercial speech than to political speech.

The RI ACLU has sharply criticized a proposal from Barrington police chief John LaCross to require all students attending high school dances to take a breathalyzer test.

The RI ACLU has filed a discrimination complaint against Senesco Marine, a large ship construction and repair facility in North Kingstown, claiming that the company is engaged in a “blatant violation of state and federal laws protecting the rights of persons with disabilities.” The complaint was filed yesterday with the R.I. Commission for Human Rights by RI ACLU volunteer attorney Michael Feldhuhn.

The Rhode Island ACLU today said it would appeal a ruling issued yesterday in a federal lawsuit filed last year against the R.I. State Police, challenging the legality of the detention and transporting to immigration officials of fourteen people, all Guatemalans, who were stopped in a van on I-95 after the driver changed lanes without using a turn signal. The lawsuit, filed by RI ACLU volunteer attorney V. Edward Formisano on behalf of eleven of the individuals, argued that the actions by the state police violated the state’s Racial Profiling Prevention Act, as well as the driver and passengers’ constitutional rights to be free from discrimination and from unreasonable searches and seizures. However, U.S. District Judge Mary Lisi has ruled that the officers’ conduct was lawful.

A 25-year-old state law that could be formally implemented next month significantly undermines the principle that court proceedings should be open to the public, the RI ACLU said today. The ACLU will instead seek to have the statute repealed before it is implemented.

In the latest example of a police department choosing to ignore its clear legal responsibilities to release public documents, the Rhode Island ACLU has today filed an open records lawsuit against the North Smithfield Police for refusing to turn over an arrest report to a community activist.