News & Commentary

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.

By a 3-2 vote, the Rhode Island Supreme Court has rejected a petition filed by the RI ACLU that sought an order requiring the state Board of Elections to conduct a manual recount of contested ballots cast in the Representative District 58 Democratic Primary. RI ACLU executive director Steven Brown called the court decision “a great loss for fairness and transparency in the election process.”

Dozens of parents, students, educators and community groups, including the ACLU, attended a meeting of the Board of Regents for Elementary and Secondary Education yesterday to call for an end to the Board’s “high stakes testing” graduation requirement, scheduled to first affect the Class of 2014. Speakers pointed out the devastating impact the requirement would have on disadvantaged populations – including students with disabilities, racial minorities, the poor, and English Language Learners – by denying them diplomas on the basis of a standardized test that was never designed for that purpose. In addition, groups pointed out that neither the standardized test being used now, nor the one scheduled to be used beginning in 2015, is an appropriate test to determine a student’s qualifications for a diploma.

In a petition filed today in the state Supreme Court, RI ACLU volunteer attorney Armando Batastini has asked the Court to order the state Board of Elections to conduct a manual recount of all precinct, mail and provisional ballots cast in the Representative District 58 Democratic Primary. The petition is on behalf of candidate Carlos Tobon, whose purported one-vote loss to incumbent William San Bento has been mired in controversy and confusion since election night. The ACLU’s petition also asks for an audit of all mail and provisional ballots in that election to determine the qualification of each voter submitting those ballots.

The RI ACLU today announced it has agreed to file a petition in the Rhode Island Supreme Court on behalf of state Representative candidate Carlos Tobon, whose purported one vote loss to incumbent William San Bento has been mired in controversy and confusion since election night. The petition will seek a review of the election results in light of multiple errors that have come to light about the conduct of that election.