News & Commentary

The ACLU of Rhode Island today announced the settlement of a class-action lawsuit that was filed against the State last year, claiming that participants in a Medicaid program run by the state were not being given proper notice before being kicked off the program, leading to a loss of income that the suit says put low-income residents “at risk of losing their homes and their utilities and…funds needed for their daily living expenses, including food.” The suit tied the improper notice to the state’s infamous UHIP computer system, the subject of another pending ACLU suit regarding food stamp benefit delays.

While almost nobody was looking, the Office of the Attorney General (AG) has abruptly made secret literally tens of thousands of government records. It happened in the context of a dispute over the release of one of the most innocuous documents one could imagine: a memo seeking the purchase of ceremonial lapel pins for members of the Attorney General’s staff. Yet this dispute’s ramifications for open government are nothing short of monumental.

The ACLU of Rhode Island today filed a “friend of the court” brief in the R.I. Supreme Court, arguing that the Providence Board of Licenses’ revocation of the Foxy Lady’s entertainment license earlier this month, and the failure to issue a stay of the decision pending full judicial review, violate the club’s First Amendment rights. All of the club’s licenses to operate were revoked earlier this month by the Board after undercover officers arrested three female employees for allegedly soliciting for prostitution.

It has been yet another challenging year for civil liberties. As we approach our 60th Anniversary at the ACLU of RI in 2019, we've been reflecting on how we got to this strange place in history. Fortunately, steadfast enforcement of the Bill of Rights is one of the most effective antidotes we have against the country's current, hostile political climate.

Citing concerns about the potentially devastating impact on veterans wishing to participate in Rhode Island’s medical marijuana program, six state and national advocacy organizations have expressed strong opposition to a Department of Human Services proposal to ban the use of “narcotics prohibited by federal law” – including medical marijuana – at the Veterans’ Home in Bristol. 

Although the Foxy Lady has been providing adult entertainment in Providence for decades, it had never been called before the Providence Board of Licenses until this month, after a police sting there resulted in three women being charged with the misdemeanor offense of soliciting for prostitution. The Board, rather than commend the club for its longstanding record of compliance with the licensing laws, instead took the extraordinary step of permanently revoking the Foxy Lady’s entertainment and liquor licenses, throwing more than 200 people out of work just a week before Christmas.

Here’s our unexhaustive “top 10 list” of the most absurd civil liberties violations we encountered in 2018. “Whereas Nike’s decision to promote Colin Kaepernick as the face of Nike is an insult and slap in the face to hundreds of thousands of law enforcement officers throughout this country.” This line from the North Smithfield Town Council resolution calling on the school committee and municipal departments to ban the purchase of Nike products. Because, clearly, speaking out against racial injustice is a slap in the face to law enforcement. When the RI Attorney General charged someone $3,700 for public information on how his office spent $50M in Google settlement money. Because “the people” should have to pay exorbitant fees for (completely redacted) open and transparent government. When the RI House of Representatives passed an “equal pay” bill that actually UNDERMINED equal pay by reducing the number of employers subject to the current law. Because women no longer have any need to be protected from discrimination in the workplace. When the organization that owns the rights to Rosa Parks’ name threatened to sue the Rosa Parks House Project for trademark infringement…AND Brown University’s Center for the Study of Slavery cancelled the exhibit (Thanks to ACLU intervention, the Project – which aimed to spark discussion about Parks’ life and racial discrimination – was ultimately displayed at the WaterFire Arts Center.) Because avoiding (bogus) litigation is more important than Freedom of Expression – especially in higher education. When the RI Department of Transportation blocked @smokinbluntz and others from its twitter account for comments critical of agency projects. Because the First Amendment doesn’t apply to anyone with the screenname @SmokinBluntz. When ICE and USCIS were literally IN CAHOOTS to entrap immigrants who were following the law to revise their immigration status. Because YOU are required to follow laws set out by government agencies, but those agencies are NOT required to follow the laws set out by the U. S. CONSTITUTION. When the RI General Assembly passed "Kristen’s Law." Because 16 community, public health, and drug treatment groups – and more than 60 medical professionals – can’t all be right. When the Japan-American Society sued a journalist for trademark infringement for referring to an event as "The Black Ships Festival."  Because journalists can’t write about things without the prior written consent of the Japan-American Society. When the Warwick School Committee thought it would be ok to charge public school students to ride the school bus. Because what good is free public education anyways? When RI passed a “revenge porn” bill that doesn't require either revenge or porn to be guilty of a crime. Because, frankly, people need to be protected from the XXXFirst AmendmentXXX.

Joined by a number of local and national organizations, the sex worker advocacy group COYOTE-RI today blasted Providence city officials for their arrest last week of three sex workers on charges of soliciting for prostitution at the Foxy Lady adult entertainment establishment. In a statement issued today, the groups called for the charges against the women to be dropped and an end to “the ongoing harassment of sex workers.”

Despite legislation enacted in 2017 aimed at promoting criminal justice reform, the Rhode Island General Assembly’s 2018 session took significant steps back from a “smart justice” approach by adding more than a dozen new felonies to the books and increasing sentences for several other crimes.