News & Commentary

A review of school district policies in the state has prompted the ACLU of Rhode Island to call on all districts to “take prompt action to protect the privacy rights of students and families” with their use of school-loaned devices, such as Chromebooks, and third-party programs that facilitate online learning but also allow for widespread spying on both students and parents. The ACLU’s examination of current school district policies and programs show that they often allow for remote access to a school-loaned computer’s microphone and camera at any time and the ability to view weeks of computer browsing activity, whether on a school laptop or personal computer. In a letter sent to each school district, the ACLU has asked superintendents to take steps to prevent such snooping.

The ACLU of RI sent a letter to all RI municipal leaders reminding them of their obligation to help maintain government transparency in public meetings in accordance with Governor Raimondo’s recent Executive Order (EO), and supplemental guidance about the EO. In an effort to stem the spread of COVID-19, the recently released EO suspended certain provisions of the state’s Open Meetings Act, and most public bodies have since started holding their meetings remotely. Responding to concerns raised by the ACLU of RI and Common Cause regarding the impact of the EO on government transparency, the Department of Administration (DOA) released important follow-up guidance outlining a number of steps that public bodies should take when conducting meetings remotely. The ACLU of RI letter urged city and town leaders in RI to ensure that their municipalities’ public bodies are aware of, and conforming to, the new standards for transparency set forth by the EO and the Guidance, including: Holding remote meetings only if they are necessary for continued government operations, requiring audio and/or video coverage of the meetings and suspending meetings when that coverage is interrupted, having meeting attendees identify themselves prior to speaking, and, where possible, posting on the public body’s website in advance any documents to be presented at the meeting. The letter concluded by acknowledging the need for some flexibility in governance during this difficult period, but noted that “the public's right to oversee the work of its government officials and municipal bodies remains more critical than ever.” The ACLU sent the letter with the goal of helping to prevent any unintended violations of the EO and Guidance by public bodies.

Civil liberties often face their greatest challenges in times of crisis, and the COVID-19 pandemic is no exception. Governor Raimondo has taken many commendable steps to address this medical emergency, but her decision authorizing a wide-scale police roadblock at the I-95 border is a dangerous intrusion on civil liberties that cannot be justified on public health grounds and should be rescinded.

ACLU of Rhode Island executive director Steven Brown issued the following statement in response to the latest order from Governor Gina Raimondo giving State Police and the National Guard the power to stop any car with out-of-state license plates coming into Rhode Island:

Rhode Island Legal Services and the American Civil Liberties Union of Rhode Island have today filed a lawsuit in R.I. Superior Court challenging a decision issued this month by the Council of Elementary and Secondary Education (CESE) that upholds a method of providing services to English Language Learners (EL) that the two groups claim clearly violates federal and state law and significantly shortchanges the educational rights of EL students.

ACLU of Rhode Island executive director Steven Brown issued the following statement in response to comments from Governor Gina Raimondo at her news conference today that she plans to give State Police the power to stop any car with New York license plates in order to obtain contact information from the driver and passengers:

As Rhode Island elections officials move for the first time to conduct a predominantly mail ballot election for the Presidential primary on June 2nd, three voting rights groups have called on the state Board of Elections and Secretary of State to adopt a variety of policies to ensure that the specially-conducted election becomes “a successful experience in preserving the critical constitutional right” to vote “during such trying times.”

In an important victory for immigrants' rights, the U.S. Court of Appeals for the First Circuit in Boston has ruled illegal a U.S. Department of Justice (DOJ) policy conditioning the receipt of federal law enforcement funds on municipal collaboration with immigration officials. The ACLU had filed a “friend of the court” brief in the case in support of the cities of Providence and Central Falls, which had filed a suit againstn the DOJ, arguing that the agency had no legal authority to attach these strings to the law enforcement grant program, known as Byrne JAG grants.

It comes as no surprise that the massive preventative strategies being implemented to halt the spread of the virus have profound civil liberties implications. These measures go beyond just the quarantine measures and restrictions on travel. The public’s interaction with numerous institutions – schools, courts, town councils – are also affected when government makes sweeping changes in the face of a public health crisis.