ACLU chides PVD police for videotaping protests


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Officer Ron Pino videotapes protesters rallying at the Central High School parking lot.

The RI ACLU is asking the Providence Police Department to stop videotaping protests until it develops public policies and procedures for this increasingly controversial police tactic.

“That this kind of surveillance is conducted is troubling,” said a letter from the ACLU to Providence Public Safety Commissioner Stephen Pare.” That it has been conducted repeatedly, without oversight or public accountability even after the need for such guidance had been raised with the Department is unacceptable.”

Rachel Simon reported Providence police videotaped Black Lives Matter actions in December. The ACLU mentions that instance, and quotes Simon’s post, and others.

Providence Public Safety Commissioner Steven Pare said he does not think the police department needs a policy on recording protests. “I think we have adequate procedures in place,” he said. He also said the ACLU letter cites an incident that Providence police did not record.

Providence police have been videotaping large protests since at least Occupy Providence, Pare said, and noted that Rhode Island State Police did, too. The video is used in case police need to identify someone who commits a crime, he said.

“If you’re interest is to protest lawfully, it shouldn’t have a chilling effect,” Pare said.

Pare said the video is not used for homeland security purposes and is not shared with any other governmental agency.

The ACLU letter says police videotaped a hotel workers protest at the Renaissance Hotel in June 26, 2014 as well as a State House press conference on the Comprehensive Racial Profiling Prevention Act in February, 2013, among others. Pare said it is not true that police videotaped the State House press event.

Homeless, civil liberty defenders decry anti-highway blocking bill


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raptakisSupporters of civil liberties and marginalized people are criticizing Coventry Sen. Lou Raptakis’ bill that would make it a felony, punishable by at least a year in jail, to block a highway.

Raptakis, a conservative who owns a pizza place in Coventry, submitted the controversial bill yesterday. It is a direct response, he has said, to the highway protests, in Providence and across the country, led by Black Lives Matter activists, who organized to counter racial injustice and police violence against Black people in America.

The bill says: “A person commits the crime of unlawful interference with traffic if he or she intentionally, knowingly, or recklessly: (1) Stands, sits, kneels, or otherwise loiters on any federal or state highway under such circumstances that said conduct could reasonably be construed as interfering with the lawful movement of traffic.” It was co-signed by Senators Frank Lombardo, of Johnston, Frank Lombardi, of Crnaston, Michael McCaffrey, of Warwick, and Paul Jabour, of Providence.

Raptakis’ bill has drawn a sharp rebuke from civil libertarians, homelessness advocates as well as groups promoting an end to racism.

The Rhode Island Homeless Advocacy Project and the RI ACLU released a joint statement yesterday.

“Legislation introduced by Senator Raptakis today, ostensibly to deal with protesters creating a public safety hazard by blocking roadways, is both short-sighted and unnecessary. The bill, S-129, would make it a felony to cause the ‘interruption, obstruction, distraction, or delay of any motorist,’ punishable by between one and three years in prison for a first offense. On its face, this legislation is unnecessary because there are already statutes under which individuals can be charged for this conduct, as happened to several protesters involved in the I-95 demonstration in November.

Apparently feeling that the punishment isn’t severe enough, the Senator would like to give these mostly young people a felony record, potentially impacting severely their future employment, housing and other opportunities for the rest of their lives. The introduction of the bill this week is particularly ironic, considering that we just celebrated the life of Martin Luther King, Jr., whose historic Selma-to-Montgomery march had to have been one of the country’s greatest “obstruction, distraction or delay” of motorists ever. Do we really want to reserve a prison cell for three years to hold his successor?

“The bill also has the potential to curtail the civil liberties not only of lawful protesters but also of individuals experiencing homelessness and living in poverty. The legislation’s broadly-worded and ambiguous language leaves open the possibility that individuals panhandling on sidewalks or medians – a means of survival and a legal exercise of one’s First Amendment rights – could be accused of distracting motorists and jailed under the proposed law.

“Such use of this legislation has negative consequences both for the individual charged and for our state more broadly. To charge an individual attempting to meet his or her basic needs in a legal manner with a felony is both cruel and illogical. Both the court proceedings and the subsequent incarceration of the individual are extremely costly to the state. Furthermore, because of a felony conviction’s impact on employment and housing, the charge could also lengthen bouts of homelessness, which are expensive to taxpayers.

“If Senator Raptakis’ intention is to ensure public safety, this end could better be achieved by fostering constructive dialogue between the police and marginalized communities – whether communities of color protesting unequal treatment or the homeless community securing basic needs – about collaborative solutions to the injustices they face daily. Filling the prisons even more is not the answer.”

Similarly, DARE activists submitted this op/ed.

Raptakis’ highway blocking bill mars MLK’s legacy


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mlkThe movie Selma with its vivid celebration of human courage and dignity, creates poignant and powerful imagery affirming the reason we conmemorate Dr. Martin Luther King, Jr. How gut-wrenching it was then, to see Dr. King’s holiday marred with a press release by Rhode Island Senator Leonidas Raptakis announcing proposed legislation to charge peaceful protestors, like those who marched along the Edmund Pettus Bridge, with felonies.

Anyone who has watched Henry Hampton’s Eyes on the Prize series, read books like J.L. Chestnut’s Black in Selma, or simply listened to their parents or grandparents tell it, knows that as powerful as the movie Selma was, it only depicts a small slice of the massive grassroots organizing work that went on in Alabama and throughout the Blackbelt. People met, planned, strategized, and analyzed. And people marched. 600 people marched on Bloody Sunday, and at least 25,000 in the final leg into Montgomery on March 24, 1965. Route 80 was merely the terrain in a people’s struggle for justice.

Fifty years later the marching continues so that Black lives will be treated as more than disposable by the system of policing in this country. While being stuck in traffic is a pain, how much greater is the pain of losing a loved one to police violence, and then seeing no repercussions whatsoever for his killer?

raptakisSenator Raptakis and other critics of protests that include blocking highways have suddenly become fervent advocates for smooth travel by emergency vehicles. Where is their concern when emergency vehicles are slowed to a crawl during sporting events, construction, or Waterfire? The response of this new cadre of traffic safety advocates is something to the effect of, “Yes, but people going to sporting events or boat shows aren’t blocking traffic on purpose,” as if thinking only of fun and games is somehow morally superior than using desperate means to draw attention to unchecked police racism and violence.

However in a string of cases dating back through the Civil Rights movement of the 1960’s, courts, even those in the Deep South, made it clear that “from time time out of mind … [s]uch use of the streets and public places has … been a part of the privileges, immunities, rights, and liberties of citizens.” In 1965, the U.S. District Court for the Northern District of Alabama addressed the issue of whether people could march along U.S. Highway 80 from Selma to Montgomery. Williams v.

Wallace, 240 F. Supp. 100 (N.D. AL 1965). Hardly a liberal institution, the court held, “it seems basic to our constitutional principles that the extent of the right to assemble, demonstrate and march peaceably along the highways and streets in an orderly manner should be commensurate with the enormity of the wrongs that are being protested and petitioned against.”

The rights protected in these court decisions belong to everyone; consider that disruptive, intentional protest up to and including blocking entrance ramps to Route 95 was part of a mainly white, middle class protest by Credit Union depositors in 1991, as recently reported by The Coalition talk

Fifty years after Bloody Sunday, people still march and sometimes block highways or shut down malls and train stations because Black lives do matter. And as Dr. King said, “Our lives begin to end the day we become silent about things that matter.” Yet Senator Raptakis would have us charged with felonies and jailed for up to five years for something that even courts in the segregated south in 1965 recognized as a fundamental constitutional right.

We hope he has a chance to see Selma.

This op/ed was co-signed by:

  • Shannah Kurland, Member, National Lawyers Guild, Rhode Island Chapter
  • Fred Ordoñez, Executive Director, Direct Action for Rights and Equality
  • Sarath Suong, Executive Director, Providence Youth Student Movement