News & Commentary

In a ruling that the ACLU of Rhode Island called a blow to an open judicial process, the U.S. Court of Appeals for the First Circuit today held, by a 2-1 vote, that the U.S. Drug Enforcement Administration (DEA) can keep secret thousands of pages of documents it had submitted in a major prescription drug-dealing criminal trial. At the same time, the plaintiff in the case, local journalist Philip Eil, said the suit still had a positive effect, prompting the DEA to release thousands of other documents it would not have otherwise disclosed in the absence of the lawsuit.

Nobody likes getting pulled over by the police, but when even the police officers making the stops are doing it against their will, something is seriously wrong.

In response to recent news reports indicating that some local police departments may be implementing traffic ticket quotas among their ranks, the ACLU of Rhode Island has sent letters to all RI police chiefs reminding them of a state law, enacted in 2010, that specifically prohibits this practice.  The ACLU is also considering legal action on behalf of affected motorists.

Saying that many questions remain unanswered, the ACLU of Rhode Island today issued a five page commentary on the Thursday shooting of Joseph Santos by Providence and RI State Police after a high speed chase, precipitated by the belief that the car had a connection to the theft of a police cruiser earlier that morning by an escaped suspect, Donald Morgan. At this point, no connection between the two incidents has been established.

Where were you a year ago? We were digesting the election results and hoping that the Trump presidency wouldn’t be based on the same hateful ideas that made up much of his campaign.  By February, we had stopped hoping and were hard at work trying to protect Rhode Island’s immigrant communities.  And that was just the beginning of what has been a challenging year for our founding principles.  We have been VERY busy – both challenging federal threats to our rights, and working to safeguard and expand justice in the Ocean State in response to those threats. Here’s a look at a sample month-by-month snippet of what we have been up to in resisting the Trump anti-civil rights agenda:

The ACLU of Rhode Island today sued the RI State Police (RISP) for abusing their power by retaliating against Marissa Lacoste, 25, a Warwick resident who declined to serve as an informant for the agency in an ongoing criminal investigation. Specifically, according to the lawsuit filed in U.S. District Court by ACLU of RI cooperating attorney James W. Musgrave, RISP relied on a dubious state law to bar Lacoste from continuing to work as a cocktail waitress at Twin River Casino in Lincoln when she bowed out of assisting RISP as an informant.

The American Civil Liberties Union of Rhode Island today sued the Johnston Police Department on behalf of retired Detective James Brady, an 18-year veteran of the force, for violating his First Amendment rights. In his role as union president of Local #307 of the International Brotherhood of Police Officers (IBPO), Brady spoke to news media about a matter of public concern and was subsequently disciplined by the Department.  The suit filed today argues that Johnston Police Chief Richard Tamburini violated Brady’s free speech rights by suspending him without pay for two days for his comments, and that the policies under which Brady was disciplined are unconstitutionally vague.

In an important victory for the rights of medical marijuana patients in the state, R.I. Superior Court Judge Richard Licht today issued a preliminary injunction against a Smithfield ordinance that the ACLU argued was an attempt to undermine the state’s medical marijuana law by imposing significant burdens on patients’ access to treatment in conflict with state law. The decision establishes an important precedent because a number of other municipalities have adopted, or are considering adopting, similar troubling restrictions on the rights of medical marijuana patients, although Smithfield’s appeared to be the most egregious.

Five members of Governor Gina Raimondo’s Justice Reinvestment Working Group and six other groups active in criminal justice reform today issued a sharp response to Attorney General Peter Kilmartin’s recent attack on the passage of justice reinvestment legislation by the General Assembly.