News & Commentary

The RI ACLU today announced the favorable settlement of a lawsuit against the Division of Motor Vehicles, which had refused to reinstate a person’s driver’s license based on a “policy” that appeared nowhere in the agency’s rules and regulations. The lawsuit, filed in R.I. Superior Court by ACLU volunteer attorneys Albin Moser and Melissa Braatz on behalf of Warwick resident Marc Lavik, had argued that the DMV’s actions violated the Administrative Procedures Act (APA), an important state law that requires agencies to provide advance notice and a comment period before adopting policies that affect members of the public.

The RI ACLU has today filed a lawsuit challenging the Division of Motor Vehicle’s actions in refusing to reinstate a person’s driver’s license based on a “policy” that appears nowhere in the agency’s rules and regulations. The lawsuit, filed in R.I. Superior Court by ACLU volunteer attorneys Albin Moser and Melissa Braatz on behalf of Warwick resident Marc Lavik, argues that the DMV’s actions are in violation of the Administrative Procedures Act (APA), an important state law that requires agencies to provide advance notice and a public comment period before adopting policies that affect members of the public.

Claiming that the RI Vehicle Value Commission “has taken the easy way out, adopting a formula that is as simple to administer as it is unfair to motor vehicle owners,” the RI ACLU has submitted written testimony to the Commission, in advance of a public hearing scheduled for later this month, calling on the agency to adopt a fairer methodology for establishing the “presumptive value” by which cars are assessed for tax purposes. The assessment process has taken on particular significance in light of a recent state law change that has substantially increased both the size of the car tax that can be imposed and the number of previously-exempt cars that are now subject to the tax.

The RI ACLU has today filed suit against the RI Department of Public Safety (DPS), arguing that the agency failed to provide the public an appropriate opportunity to comment on controversial regulations establishing its policies for public access to DPS records. The suit, filed in R.I. Superior Court by RI ACLU volunteer attorney Jennifer Azevedo, argues that the DPS violated a state law known as the Administrative Procedures Act (APA), which is designed to ensure that state executive agencies go through a public rule-making process in adopting policies governing their conduct.

The RI ACLU has urged the United States Department of Justice to investigate the detention of truants overnight at the state Training School.  In a letter sent to DOJ officials, the ACLU asserts that the documented detention by Family Court judges of at least 28 minors violates a federal law, known as the Juvenile Justice and Delinquency Prevention Act, that bars the imprisonment of minors who are charged with committing status offenses, such as truancy.

Rejecting the ACLU’s legal arguments, the U.S. Court of Appeals for the First Circuit yesterday upheld the constitutionality of the Town of Narragansett’s highly-publicized “orange sticker” ordinance. However, in upholding the ordinance on its face, the court acknowledged that it could still be subject to constitutional challenge in its application to particular cases, and the ACLU plans to go back to court to pursue those challenges.

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.

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.

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.