News & Commentary

Attorneys for the ACLU of Rhode Island and R.I. Legal Services (RILS) today filed a lawsuit against the Providence School District for hiding information about its extensive violations of the rights of English Language Learner (EL) students that led to a settlement agreement between the school system and the U.S. Department of Justice (DOJ) more than a year ago.

Responding to an Access to Public Records Act (APRA) complaint that the ACLU of Rhode Island filed last month, the Woonsocket Police Department has released copies of its final investigations of internally-generated complaints of police misconduct that it had previously declared confidential. Last month, the ACLU had filed a formal complaint with the Attorney General when the department refused to provide the records to Dimitri Lyssikatos, a member of the Rhode Island Accountability Project. As a result of the City’s change of position, ACLU of RI cooperating attorney James Cullen is withdrawing the pending complaint.

ACLU of Rhode Island executive director Steven Brown issued the following statement today in response to last night's incident outside the Wyatt Detention Center where protesters were pepper-sprayed and one person was seriously injured by a pickup truck used by a correctional officer to try to break up protesters blocking the facility's parking lot:

The South Kingstown School Committee has approved an ACLU of RI-drafted resolution clarifying that SK schools will not cooperate with Immigration and Customs Enforcement (ICE) absent a valid judicial warrant that has been verified by the district superintendent and its legal counsel.  A similar policy was approved by the Central Falls School District in June 2017. Although an ICE policy purports to restrict enforcement actions in “sensitive locations” such as schools, churches and hospitals, that policy has not been uniformly followed, and immigration enforcement actions across the nation have been unpredictable. The motion to approve the resolution was unanimous. “We applaud the SK School Committee for passing this important resolution to protect immigrant students and families.  We hope other school committees in RI will follow their lead,” said Steven Brown, ACLU of RI executive director.

Citing a “persistently disproportionate use of disciplinary action and suspensions against students of color,” the ACLU of Rhode Island has called upon Providence school officials to take immediate action to address this problem before the school session starts next month – a problem that former school superintendent Christopher Maher attributed to “racism” before he stepped down from his post earlier this year.

In an important decision enforcing a law aimed at reducing harm caused by out-of-school suspensions, an appeals committee of the Council on Elementary and Secondary Education (CESE) has upheld an R.I. Department of Education (RIDE) hearing officer’s decision that the Barrington School District improperly issued an out-of-school suspension to a middle school student. The ACLU of  RI represented the student in the appeal after the district contested the RIDE hearing officer’s decision that there was no evidence that the student’s conversation with others – prompted by a recent school shooting – was “disruptive,” a requirement for out-of-school suspension.

The ACLU of Rhode Island today has added new constitutional claims to a lawsuit it filed in May against the State, challenging the state Division of Taxation’s position that a special sales tax exemption for Rhode Island authors applies only to works of fiction, and not to non-fiction, because non-fiction is not “creative and original.” The lawsuit, filed by ACLU of RI cooperating attorney Lynette Labinger, continues to argue that making such a distinction on the content of the work violates the First Amendment’s guarantees of freedom of speech and freedom of the press, but adds new claims in light of troubling developments since the suit’s original filing.

The ACLU of Rhode Island today commended six current and former elected state officials who have signed onto court briefs this month to urge the U.S. Supreme Court not to roll back civil rights protections for LGBTQ people when it hears a trio of discrimination cases this fall. All of the cases  involve people who were fired for being LGBTQ.

Calling it “one of the most damaging decisions affecting the public’s right to know that has been issued, and a significant obstacle to holding police departments accountable,” the ACLU of Rhode Island has launched a two-pronged attack on a 2017 Attorney General ruling that allows police to keep secret some of its reports of police misconduct. In simultaneous appeals to the Rhode Island Supreme Court and the Attorney General, ACLU of RI cooperating attorney James Cullen is asking for a reversal of that ruling.