News & Commentary

On November 6th, voters will be required for the first time in a Presidential election to show some form of identification at the polls. To help inform voters about the requirements of this new law and other election issues, the Rhode Island ACLU has published a free brochure and postcard explaining rules and regulations surrounding voting on Election Day, the new voter identification rules, and how to deal with problems at the polls. The brochure is available in English, and the postcard is available in both English and in Spanish.

The following statement was made today:

Thirteen local community organizations and agencies, including the RI ACLU, have today urged the Providence City Council to delay adoption of a lobbying registration ordinance that the groups claim will “chill and deter local advocacy efforts.” In a letter to City Council members, the groups raise concerns about the breadth of the ordinance – which defines lobbying as contact with any city official to influence a municipal decision – and the significant record-keeping burdens and fees it imposes on small community organizations who engage in any such activities. The letter also notes the potentially significant penalties that can be imposed for violations of any of the ordinance’s myriad requirements.

Arguing that Providence police have “utterly and completely fail[ed] to establish any legitimate governmental interest—let alone a ‘significant’ one—to justify their conduct,” the Rhode Island ACLU has asked a federal court to rule that police engaged in a clear violation of the free speech rights of a local resident in 2010 when she was barred from peacefully leafleting on a public sidewalk in front of a building where then-Mayor David Cicilline was speaking. In a 47-page brief filed today by RI ACLU volunteer attorney Richard A. Sinapi, the ACLU also seeks a court order requiring city officials to appropriately train and supervise police officers on the First Amendment rights of individuals to peaceably distribute political flyers.

Adding more weight to the seriousness of the issues involved in the case, the Rhode Island Medical Society (RIMS) has joined as a plaintiff in the ACLU lawsuit filed earlier this week, challenging the state Department of Health (DOH) for making it more difficult for patients with debilitating medical conditions to participate in the state’s medical marijuana program.

The ACLU today announced the settlement of a lawsuit it had filed in June against the City of Cranston on behalf of a resident who challenged the refusal of the police department to return to him a variety of lawfully possessed weapons that had been seized from him over a year ago. The lawsuit, filed by RI ACLU volunteer attorney Thomas W. Lyons on behalf of Robert Machado, argued that the Cranston Police Department had violated his right to due process and his right to keep and bear arms by retaining his property without just cause. Under the settlement, the City agreed to return the weapons to Machado in the same condition as they were when they were seized, or to reimburse him for the cost of repairing and replacing any weapons damaged or not returned. The City also agreed to pay Machado $2,500 in damages as well as $2,000 in attorneys’ fees. In September of last year, police and fire paramedics came to Machado’s house after receiving a call from a friend of his that he might be suicidal. Machado told the police that his friend had misconstrued a conversation they had had, but he agreed to be transported to the hospital for a mental health evaluation. The examination found no problems and he was promptly released from the hospital. Unbeknownst to Machado, however, police in the meantime seized for “safe keeping” from his home various weapons he lawfully possessed, including firearms and a collection of ceremonial samurai swords. Eager to have his possessions returned, Machado followed up by obtaining a letter from his psychotherapist that he had never “demonstrated suicidal tendencies or thoughts,” and “there should be no concern” returning his weapons. The police still refused to release them and advised Machado that he would need to obtain a court order to get them back. After further unsuccessful efforts to get his items returned, Machado contacted the ACLU, leading to the lawsuit which had challenged the police department’s practices on constitutional grounds. ACLU attorney Lyons said today, “We were very happy to have gotten a relatively quick and favorable result for Mr. Machado. However, the resolution of this case does not address whether there are any circumstances under which police departments may legally cease and retain weapons held by law-abiding citizens. That issue may have to be resolved in another case.”

JoAnne Leppanen, Executive Director, Rhode Island Patient Advocacy Coalition: “Many patients who are applying to the Rhode Island medical marijuana program for the first time are experiencing a new hurdle that is delaying their admission to the program and forcing them to see more doctors and pay additional fees. Some patients and their caregivers who need to renew their licenses are in a panic as they scramble to form relationships with new physicians before their licenses expire and their legal protections evaporate. The patients who qualify for the medical marijuana program are among the sickest and most vulnerable of our citizens. Medical marijuana is vital medicine for their health. The Health Department's arbitrary and sudden reversal of policy has wreaked havoc on the health of some of our most fragile citizens.”

2005: The R.I. Department of Health (DOH) testifies before legislative committees against passage of a medical marijuana bill. The General Assembly nonetheless approves the bill. The legislation, which contains a two-year sunset provision, is vetoed by Governor Donald Carcieri, but the General Assembly overrides the veto.

The Rhode Island ACLU has filed a lawsuit in Superior Court against the state Department of Health (DOH) for making it more difficult for patients with debilitating medical conditions to participate in the state’s medical marijuana program. The suit, filed by RI ACLU volunteer attorney John Dineen, was brought on behalf of the Rhode Island Patient Advocacy Coalition, the Rhode Island Academy of Physician Assistants, and an individual whose application to participate in the medical marijuana program was denied by the DOH under the new policy.