News & Commentary

The ACLU of Rhode Island today announced a favorable settlement in its third, and latest, class-action lawsuit against the R.I. Department of Human Services related to the state’s UHIP computer system. This suit, filed last December in U.S. District Court by ACLU cooperating attorneys Ellen Saideman and Lynette Labinger, had challenged the adequacy of notices sent by the DHS to some SNAP recipients, demanding that they reimburse the state for benefits overpayments that they purportedly received years earlier.

As part of a nationwide effort organized by the American Civil Liberties Union, the ACLU of Rhode Island today filed an Access to Public Records Act (APRA) request with state officials to obtain information about Rhode Island’s plans to address a likely, and potentially catastrophic, outbreak of COVID-19 at the ACI. The APRA request was one of dozens filed across the country by ACLU Affiliates today.

Ruling on an emergency ACLU lawsuit, U.S. District Court Judge William Smith this morning issued a temporary restraining order providing for the release by 5 PM today of two immigrants being detained at the Wyatt Detention Center who are at high risk for serious illness or death in the event of COVID-19 infection. The American Civil Liberties Union of Rhode Island and the National ACLU had filed the lawsuit less than a week ago seeking their release, as well as that of one other detainee whom ICE released hours before the judge heard arguments in the ACLU’s petition on Wednesday.

Today the ACLU released a report showing that Black people in Rhode Island are 3.3 times more likely than white people to be arrested for marijuana possession despite comparable marijuana usage rates among the two racial groups. Similar arrest disparities were documented in a 2013 report issued by the ACLU, but they have gotten worse, not better, over the past decade. The report also shows that the racial disparities are even more pronounced, and way above the national average, outside Providence County. The findings of the new research are especially disturbing given Rhode Island’s marijuana reform over the last decade in decriminalizing arrests for possession of small amounts of the drug.

The American Civil Liberties Union of Rhode Island and the National ACLU have today filed an emergency lawsuit seeking the immediate release of three immigrants being detained at the Wyatt Detention Center who are at high risk for serious illness or death in the event of COVID-19 infection.

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: