News & Commentary

As we’ve noted, the ACLU of Rhode Island lobbied on 339 bills and tracked over 800 pieces of legislation over the course of the 2019 legislative session. Of these bills, over 100 passed out of committee and were voted on in either the House, Senate, or both.

A federal jury today awarded $20,000 in damages to North Smithfield resident Jason Richer as compensation for the violation of his due process rights when the North Smithfield Police Department refused, for six years, to return lawfully possessed weapons they had seized from him, and instead demanded that he obtain a state court order to get his guns back.

As we noted last week, the ACLU of Rhode Island lobbied on 339 bills and tracked over 800 pieces of legislation over the course of the 2019 legislative session. Of these bills, over 100 passed out of committee and were voted on in either the House, Senate, or both.

After six months of committee hearings, lobbying, and testifying, the 2019 legislative session concluded last Friday, June 28th. During this time period, our two lobbyists testified or lobbied on 339 bills and tracked more than 800 pieces of legislation. Of the bills we worked on, over 100 passed out of committee in some form.

The ACLU of Rhode Island today filed a federal lawsuit to challenge the constitutionality of a 110-year-old statute that declares inmates serving life sentences at the ACI to be “dead in all respects” with respect to “all civil rights.” The lawsuit, filed in U.S. District Court by ACLU cooperating attorneys Sonja Deyoe and Lynette Labinger, is on behalf of two ACI inmates who are barred from pursuing legal actions against the Department of Corrections in court because of the “civil death” law. According to the lawsuit, Rhode Island may be the only state in the country still enforcing a law like this, whose origins date back to ancient English common law.

The ACLU of Rhode Island today announced the favorable settlement of a lawsuit it filed two years ago against a Smithfield ordinance that the ACLU argued was an attempt to undermine the state’s medical marijuana law by imposing significant burdens on patients’ access to treatment. Under the settlement agreement, the Town has agreed to repeal the ordinance and pay $30,000 in attorneys’ fees.

As one of the most powerful pieces of legislation passed each session, the budget has the opportunity to make wide, sweeping changes to vast sections of Rhode Island law. Because of the extensive nature of the budget, the ACLU has to be particularly vigilant in monitoring the proposed Articles.

In a case raising important First Amendment issues for the Internet age, the ACLU of Rhode Island has taken on the defense of a Massachusetts blogger who was ordered by a Rhode Island Superior Court judge to “immediately remove” from his website “any and all posts, blogs, and comments” regarding a person who sued him for libel, without even hearing from the internet publisher.  Considering the court order a classic example of censorship, ACLU of Rhode Island cooperating attorney Lynette Labinger has removed the case to federal court for adjudication.

Last week we focused on bills which have passed either the House or Senate and could pose serious harm to civil liberties in Rhode Island. Positively, however, numerous bills making advances for the protection of LGBTQ rights and women’s rights have also passed out of each chamber.