News & Commentary

Calling it “one of the most damaging decisions affecting the public’s right to know that has been issued, and a significant obstacle to holding police departments accountable,” the ACLU of Rhode Island has launched a two-pronged attack on a 2017 Attorney General ruling that allows police to keep secret some of its reports of police misconduct. In simultaneous appeals to the Rhode Island Supreme Court and the Attorney General, ACLU of RI cooperating attorney James Cullen is asking for a reversal of that ruling.

The ACLU of Rhode Island today filed a federal lawsuit to challenge the constitutionality of a 110-year-old statute that declares inmates serving life sentences at the ACI to be “dead in all respects” with respect to “all civil rights.” The lawsuit, filed in U.S. District Court by ACLU cooperating attorneys Sonja Deyoe and Lynette Labinger, is on behalf of two ACI inmates who are barred from pursuing legal actions against the Department of Corrections in court because of the “civil death” law. According to the lawsuit, Rhode Island may be the only state in the country still enforcing a law like this, whose origins date back to ancient English common law.

In a case raising important First Amendment issues for the Internet age, the ACLU of Rhode Island has taken on the defense of a Massachusetts blogger who was ordered by a Rhode Island Superior Court judge to “immediately remove” from his website “any and all posts, blogs, and comments” regarding a person who sued him for libel, without even hearing from the internet publisher.  Considering the court order a classic example of censorship, ACLU of Rhode Island cooperating attorney Lynette Labinger has removed the case to federal court for adjudication.

The ACLU has asked the R.I. Supreme Court to overturn a Superior Court ruling that upheld the constitutionality of a problematic Providence housing ordinance that prohibits more than three “college students” from living together in certain housing in some areas of the city.  In her February 2018 decision, Superior Court Judge Maureen Keough acknowledged “strong reservations concerning the effectiveness” of the ordinance and agreed it “seems nonsensical,” but ultimately ruled against the students and found the ordinance constitutional. However, in a brief filed with the Supreme Court this week, ACLU attorneys argue that the ordinance unconstitutionally “relegates anyone enrolled in college or graduate school to the status of second-class citizen within the City of Providence.”

Should a decision as to whether a Rhode Island author is entitled to a sales tax exemption depend on whether she has written a fictional murder mystery as opposed to an exhaustive history of the state? That is the question at the crux of a federal lawsuit the ACLU of RI filed today, challenging the state Division of Taxation’s position that a special sales tax exemption for Rhode Island authors applies only to works of fiction, and not to non-fiction, because non-fiction is not “creative and original.” The lawsuit, filed by ACLU of RI cooperating attorney Lynette Labinger, argues that making such a distinction on the content of the work violates the First Amendment’s guarantees of freedom of speech and freedom of the press.   The law at issue, enacted by the General Assembly in 2013, is designed to promote the work of local writers and artists. It exempts from the sales tax “original and creative works” sold by writers, composers, and artists residing in Rhode Island. At some point, however, the Taxation Division, in consultation with the RI State Council on the Arts (RISCA), determined that non-fiction books are not “original and creative works,” and therefore not eligible for the tax exemption.

The ACLU of Rhode Island today settled a federal lawsuit against the City of Cranston, successfully challenging its selective enforcement of ordinances barring the placement of commercial advertisements on city property. The suit was filed two filed years ago by ACLU volunteer attorney Richard A. Sinapi on behalf of Stephen Hunter, a lawyer who was threatened with fines if he did not take down signs advertising his business that he had posted at various intersections throughout the city – even though there were dozens of other advertising signs posted at the same locations and many hundreds more citywide, which were left untouched and not cited.

Happy Earth Day!

The ACLU of RI today announced the settlement of a federal lawsuit against the City of Woonsocket for unlawfully withholding critically needed grant funds from Sojourner House, a social service agency that helps victims of domestic violence. Filed by ACLU of RI volunteer attorneys Matthew Oliverio and Stephen Prignano last August, the lawsuit alleged that the City withheld the funds without cause or due process, and retaliated against the agency after it petitioned other government agencies for help in resolving the dispute over the funds.

Leaders from ten religious and secular organizations today applauded R.I. Attorney General Peter Neronha’s decision to withdraw the State of Rhode Island’s name from a U.S. Supreme Court brief in a controversial church-state case. The brief supported a Maryland agency’s position that its sponsorship and funding of a 40-foot-tall Latin cross to memorialize WWI veterans did not violate the First Amendment. The decision in the case, scheduled to be argued before the Supreme Court later this month, could have profound implications for the First Amendment’s principle of separation of church and state, the legacy of Rhode Island founder Roger Williams.