News & Commentary

In its first legal effort to counter efforts across the state to undermine the state’s medical marijuana law, the ACLU of Rhode Island today filed a lawsuit against the Town of Smithfield over a recently enacted ordinance that imposes significant burdens on medical marijuana patients’ access to treatment.  The lawsuit, filed in R.I. Superior Court, is on behalf of two licensed medical marijuana patients – listed as Jane Does to protect their confidentiality – and the Rhode Island Patient Advocacy Coalition (RIPAC), a medical marijuana public education organization. The suit was filed as other municipalities consider adopting similar troubling restrictions on the rights of medical marijuana patients, although Smithfield’s appears to be the most egregious.

The American Civil Liberties Union of Rhode Island today announced the settlement of a federal lawsuit against Tiverton police and school officials over a 2014 incident in which an 8-year-old girl was removed by police from a school bus, taken alone to the police station without her parents’ knowledge, and then held and questioned at the station for several hours before being released. The seizure, detention and interrogation of the young child were based solely on unsubstantiated claims from another child that the girl was carrying “chemicals” in her backpack, and occurred even after the police found nothing in the backpack.

In response to the reported arrest by ICE agents of an undocumented immigrant outside a Providence courthouse, ACLU of RI executive director Steven Brown today issued the following statement:

In the wake of the Trump Administration’s repeal of federal guidance addressing the rights of transgender and gender non-conforming students, the American Civil Liberties Union of Rhode Island today released a report finding that only 60% of the state’s school districts currently have policies in place to protect the rights of transgender students. In light of that finding, the ACLU report is calling for the state Department of Education to require adoption and implementation of such policies by all local school districts.  Notably, the report highlights the multitude of issues facing transgender and gender non-conforming students, including privacy and confidentiality, the use of students’ preferred pronouns and participation in gender-segregated activities.

Raising alarm about the lack of privacy for students and their families, the ACLU of Rhode Island today released a report showing that many school districts in the state give themselves the right to remotely spy on students through the use of school-loaned laptop computers. Under so-called “1 to 1” programs, in which a majority of school districts in the state participate, a private vendor provides free laptops or tablet computers for the school year that students can use at home. With this program, however, the ACLU found, students and their families are often required to surrender basic privacy rights.

An array of groups and individuals that advocate for the rights of the homeless sent a letter today to Providence Mayor Jorge Elorza commending his vow to veto a discriminatory anti-smoking ordinance passed by the City Council last week. The ordinance, enacted under the guise of promoting public health, bans smoking in downtown Providence’s Kennedy Plaza area. 

Ruling in an important ACLU of Rhode Island lawsuit dealing with the rights of medical marijuana patients, R.I. Superior Court Justice Richard Licht today ruled that a Westerly fabrics company discriminated against Christine Callaghan when the offer of a paid internship was rescinded solely because of her participation in the state’s medical marijuana program. In its decision, the court held that the state’s medical marijuana law, which bars discrimination in employment against “cardholders,” applies to job applicants like Callaghan.

Below are statements issued by the ACLU of RI today in response to Superior Court Presiding Justice Alice Gibney’s decision rejecting Governor Gina Raimondo’s petition for the release of grand jury records relating to the 38 Studios investigation:

The fallout from the rollout of UHIP, the state’s troubled new computer system, continues to plague Rhode Island’s poorest residents, as the Department of Human Services (DHS) showed virtually no improvement in April in the timely processing of SNAP (food stamp) applications, including for people the Department acknowledges were entitled to emergency relief. That is the upshot of a report sent by DHS this week to the ACLU of Rhode Island (ACLU) and the National Center for Law and Economic Justice (NCLEJ), required as part of a settlement agreement filed earlier this year in the organizations’ challenge to DHS’s failure to timely process SNAP applications.