News & Commentary

The ACLU of Rhode Island today announced the dismissal of charges against a group of Narragansett residents, landlords and businesses for violating a Town ordinance that bars more than four unrelated people from living together.  In a 23-page decision issued yesterday, Municipal Court Judge John DeCubellis, Jr. agreed that the ordinance violated plaintiffs’ due process and equal protection rights – as argued earlier this year by ACLU of RI cooperating attorney H. Jefferson Melish in a brief seeking dismissal of the charges.  The judge noted that in 1994, the R.I. Superior Court struck down as unconstitutional a nearly identical Narragansett ordinance and that efforts by the Town to distinguish it were unavailing.

In a case that led to a groundbreaking court decision limiting the power of immigration officials, the ACLU today announced the settlement of a lawsuit it filed in 2012 on behalf of Providence resident and United States citizen Ada Morales, who was twice unlawfully held at the ACI because Immigration and Customs Enforcement (ICE) officials erroneously deemed her to be a deportable “alien.”

In a case with important ramifications for the public’s ability to monitor police misbehavior, the ACLU of Rhode Island sued the Pawtucket Police Department today for failing to release certain reports of alleged police officer misconduct generated by its Internal Affairs Division (IAD). The suit argues that this refusal to release the records is in clear violation of the state’s Access to Public Records Act (APRA). 

In an important preliminary victory for First Amendment rights, U.S. District Court Chief Judge William Smith this morning issued a temporary restraining order against enforcement of the City of Cranston’s anti-panhandling ordinance. The order will remain in effect pending a future trial on the ACLU of Rhode Island’s challenge to the controversial ordinance. In issuing the order, the judge found that the ACLU had demonstrated an ultimate likelihood of success in its legal challenge.

On the heels of the tragic police shooting and subsequent death of an innocent woman in Minneapolis, the ACLU of RI has sent letters to the police chiefs of both Newport and Providence urging them to revise and strengthen their existing body camera policies so that they promote full transparency in policing.

The American Civil Liberties Union announced today that a landmark Rhode Island civil rights case over the rights of incarcerated youth has come to a close. At the behest of the ACLU and the state of Rhode Island, U.S. District Court Chief Judge William Smith dismissed the ACLU’s lawsuit against the Rhode Island Training School for Youth in Cranston. The ACLU’s National Prison Project joined the suit in 2001, thirty years after it had been filed to challenge conditions at the facility. At the time the case was filed, teen prisoners did not receive adequate food, schooling, or medical care; the institution provided no mental health care or treatment. “I’m proud to say ‘Case closed,’” said Amy Fettig, deputy director of the ACLU’s National Prison Project and lead attorney in the case. “Instead of unconstitutional neglect and mistreatment, the Rhode Island Training School for Youth now follows the best practices for working with teens in detention.” In 1973, the plaintiffs in the lawsuit entered into a consent decree that addressed such critical problems as overcrowding; insufficient staffing; meager medical care; a deteriorated physical plant; inadequate meals; scant academic, vocational, and physical education programs; and a lack of mental health care and treatment. A special master was appointed to oversee compliance with the consent decree, and the decree has been amended several times over the years as the institution met some of the terms, most recently in 2014. In his order closing the case, Judge Smith found that the state has substantially complied with the only key elements of the decree that still remained: 1)   Construction of new facilities to meet national standards; 2)   Implementation of a revised policy and procedures manual; 3)   Implementation of a detailed and effective administrative grievance procedure to handle residents’ complaints; and 4)   Establishment of an independent audit and review process by a team of outside experts to ensure substantial compliance with the national best practice standards for juvenile justice created by the Annie E. Casey Foundation's Juvenile Detention Alternatives Initiative. When the lawsuit was filed in 1971, the Rhode Island Training School for Youth was called the Boys’ Training School. Today it holds approximately 80 boys and girls between the ages of 13 and 18. ACLU of Rhode Island volunteer attorney John W. Dineen served as local counsel in the lawsuit, Inmates of the Rhode Island Training School for Youth v. Piccola. More information on the case is available here.

ACLU of RI executive director Steven Brown issued the following statement in response to Governor Raimondo's signing of a bill yesterday giving law enforcement access to the Department of Health's prescription database without a warrant:

The ACLU of Rhode Island today sued the City of Cranston over its latest anti-panhandling ordinance.  The suit, filed in federal court by ACLU of RI volunteer attorney Lynette Labinger, argues that the ordinance, enacted earlier this year by a 5-4 vote of the City Council, violates the First Amendment right of individuals to solicit donations and distribute literature on Cranston roadways.

UPDATE: Despite the strong opposition to the legislation, the Governor signed it into law.  Read our statement here.