News & Commentary

Calling the decision “unjust and erroneous,” the Rhode Island ACLU today filed a “friend of the court” brief urging reversal of a federal district court ruling that threw out a case against the Department of Children Youth and Families (DCYF) for the mistreatment of foster children in its care. The brief was filed in the U.S. Court of Appeals in Boston by RI ACLU volunteer attorneys Andrew Prescott and Steven Richard of the law firm of Nixon Peabody LLP.

Citing almost two decades’ worth of data showing significant racial disparities in the enforcement of traffic laws by the R.I. State Police (RISP), eight civil rights and community organizations have urged Immigration and Customs Enforcement (ICE) officials not to give RISP the legal authority to enforce federal immigration law. RISP has sought such permission pursuant to the “immigration” executive order that Governor Carcieri issued last year.

Widespread racial profiling by law enforcement agents remains a pervasive problem in Rhode Island and throughout the United States, according to a report released today by the American Civil Liberties Union and the Rights Working Group (RWG). Government policies are a major cause of the disproportionate stopping and searching of racial minorities by law enforcement agencies, according to the report, which was submitted to the U.N. Committee on the Elimination of Racial Discrimination (CERD).

More than a dozen local organizations today announced a campaign this month to bring attention to the critical problem of racial profiling in the state of Rhode Island. Declaring May “Racial Profiling Awareness Month,” the groups have set up toll-free hotline numbers, in both English and Spanish, where people who have been victims of racial profiling can call to tell their stories. Victims can also fill out a survey form on the Internet.

The Rhode Island ACLU has filed a “friend of the court” brief in the R.I. Supreme Court in the appeal addressing ethics charges against former state Senator William Irons. The brief challenges the Ethics Commission’s position that adoption of the constitutional amendment establishing the Commission effectively repealed the Constitution’s so-called “speech in debate clause” that provides immunity to state legislators for certain legislative actions. The ACLU brief called the Commission’s argument “a launch down a slippery slope of eroding the civil liberties of all Rhode Islanders who come before the Ethics Commission, not just Mr. Irons.”

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.

The ACLU of Rhode Island today released a report sharply critical of Governor Donald Carcieri’s civil rights record during the first year of his second term in office. The 50-page report “The Politics of Division,” focuses on five major issues the Governor has dealt with this year, and argues that “in a period of just a few months and in a wide variety of contexts, he has shown a virtually complete lack of interest in recognizing, much less protecting, the civil rights of individuals and groups that have been long-standing victims of discriminatory treatment.”

Almost half of the police departments in the state that are required to post online their police complaint forms and procedures have failed to do so, according to a report released today by the Rhode Island ACLU. The requirement, contained in the Racial Profiling Prevention Act of 2004, was designed to make it easier for victims of police misconduct to file complaints with departments.

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.