Elorza’s priorities: alarmed East Siders or the housing crisis


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Elorza 003As I watch news of Providence Mayor Jorge Elorza’s administration, I see more and more of what many feared during the campaign: an Elorza–Brett Smiley led administration, beholden to the moneyed, white interests of the East Side, at the expense of the rest of the city. Today in the Providence Journal, there was front-page coverage of a meeting at Nathan Bishop Middle School on the East Side, where residents expressed “alarm” at an alleged wave of home break-ins in their neighborhood.

Certainly break-ins are never a good thing, on any side of town. But the mayor said “One Providence,” not two.

The swift response from the mayor, police, and media to these mostly white, relatively affluent city dwellers highlights the opposite experience of Southside community organizations, residents, and organizers seeking the mayor’s audience for their issues. At the sounds of alarm raised by those on the East Side, Mayor Elorza rushed to a community meeting and brought along high-ranking police officials. All this despite police statistics (cited in the Projo article) demonstrating a decrease in reported break-ins on the East Side since last year. The Providence Journal followed close behind and gave the meeting front-page coverage! This comes a day after I received an email from the administration, announcing the new “Center for City Services,” based on the pledge that “everyone who lives, works, owns a business, and goes to school in Providence deserves the highest quality city services.” “Everyone,” not just the politically palatable or otherwise privileged.

The Tenant and Homeowner Association (THA), a group of working-class homeowners and renters from across Providence, predominantly people of color, who are organized to prevent foreclosure, evictions, and the abandonment of their neighborhoods, have been raising the “alarm” about the city’s hundreds of abandoned properties for months, and have yet to receive face time with the mayor.

In fact, a formal request for a meeting was met with months of silence, and only after further prodding finally received the answer from a staffer that the mayor was simply “too busy,” to meet on this issue. Yet, these East Side residents, alarmed at break-ins that have not, in fact, increased, receive the mayor’s immediate presence in their neighborhood, along with city resources in the form of eager police commanders. While break-ins appear a bit of a straw man, abandoned properties, by the mayor’s own admission, are a serious problem for the city, though not on the East Side. Hundreds of properties sit empty, inviting arson, blighting neighborhoods, and dragging down property values for those homeowners, predominantly people of color, who have managed to hang on to their homes amidst foreclosures and structural unemployment.

The mayor’s reluctance to meet with a group of affected residents, who have actually been organizing themselves around an issue for years (the last six of which were spent changing state law to protect vulnerable renters from eviction), is unacceptable. Suspicions about his priorities and the sincerity of “One Providence,” are legitimized by his earnest response to East Side residents, who are unorganized and whose “alarm” is rooted in race and class-based fear.

Instead of assuaging the fears of East Siders, perhaps the mayor should prioritize the basic needs of the many residents in the rest of Providence, whose resistance to never-ending poverty, divestment, blight, and disenfranchisement are rooted in real problems, like abandoned properties, to which the mayor himself offered lip service in the pursuit of votes.

RI workers to Wood Partners: Pay us our wages!


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Delivering the “citation”

Workers from Rhode Island and Massachusetts visited the Alta Stone Apartments in Melrose, developed and owned by Wood Partners, to demand payment for $34,000 worth of work done on the apartments at 72 Stone Place and 1000 Stone Place between July and October 2014. According to Fuerza Laboral, these workers were employed by a subcontractor hired by Wood Partners. As part of their demonstration workers delivered a “citation” calling on Wood Partners to pay workers their stolen wages.

According to Fuerza Laboral organizer Phoebe Gardener, “When workers formally brought complaints to the subcontractor for their unpaid wages in April 2015, Wood Partners denied all claims. Ten workers have submitted wage theft complaints with the Massachusetts Attorney General’s Office. Since the subcontractor has refused to pay and Wood was the ultimate beneficiary of the work performed, workers are holding Wood directly accountable for their unpaid wages.”

IMG_3714“They owed us money every week and didn’t pay us at all the last two weeks of work,” said Gianni Batres in a statement. Batres worked as a drywaller at the Alta Stone Place apartments. “This isn’t fair for workers. Wood Partners needs to be ultimately responsible for making sure that the workers who are hired by their contractors and subcontractors get paid.”

The workers previously demonstrated at the Hanover Development worksite at University Station in Westwood back in April.

Fuerza Laboral, along with sister organization Metrowest Worker Center, the Immigrant Worker Center Collaborative, Massachusetts Community Labor United, the Greater Boston Labor Council and other community and labor partners, “are working in more intentional ways to build campaigns around holding builders responsible for the working conditions of subcontracted workers,” says Gardener.

IMG_3706Gardener added that small subcontractors can easily change names or leave the state. Many builders use contractors and subcontractors that are based out of state to begin with, which means workers would have to travel out of state and deal with out of state agencies to recover their wages. Even if the court or the state decides that the subcontractor owes workers money, it can be hard to recover if the subcontractor moves or has no assets. When workers have tried to bring these labor rights violations to the general contractor, they are told that the general contractor is not responsible because the workers are not direct employees.

[This report is compiled from a press release and email correspondence with Phoebe Gardener.]

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Judge Licht allows medical marijuana discrimination case to move forward


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Photo courtesy of http://marijuanaindustrygroup.org/
Photo courtesy of http://marijuanaindustrygroup.org/

Rhode Island Superior Court Judge Richard Licht refused to dismiss a case in which a University of Rhode Island graduate student alleged that she was denied employment due to her status as a medical marijuana user.

The case, which was filed by the American Civil Liberties Union in November of 2014, concerns URI grad student Christine Callaghan, who is working towards a masters’ degree in textiles. Callaghan is also a registered medical marijuana user in order to deal with frequent migraine headaches. In July of last year, Callaghan was slated to begin a paid internship with Darlington Fabrics in Westerly, which she needed to finish her degree. After disclosing her status as a medical marijuana user, the company withdrew her internship.

In the lawsuit, the ACLU argues that Darlington has violated the Hawkins Slater Medical Marijuana Act. Callaghan’s attorney, Carly Beauvais Iafrate, said that because the company had no other reason to withdraw their offer from Callaghan, they are breaking the law.

“Under the Hawkins Slater Medical Marijuana Act, when the General Assembly put that really critical employment language in, which essentially says that no person will be not hired or denied any privileged in employment because of their cardholder status,” she said. “They didn’t then put any language in there that says if someone violates that section, you can sue them. That’s called a private right of action. So what [Darlington’s lawyer] was saying was there’s nothing in the statute that says you can sue anybody over it, and so therefore, you shouldn’t be allowed to.”

Iafrate said the defendant’s argument relies on what is normally written into other disability laws, that lay out penalties for those who violate the law, be it a fine or the right to sue. The Hawkins Slater Medical Marijuana Act lacks that language. In other situations, the Rhode Island Supreme Court has not assigned a remedy and implied a private right of action, but Iafrate says that this case is different from the precedent that has already been set.

“Those other situations are different, because in this statute, the General Assembly said liberally construe this to make sure that the purpose is effectuated, so that it doesn’t become meaningless,” she said. “Think about it. If there’s no remedy, what meaning does it have that they say that no employer can refuse to hire? They can just do it anyway, because there’s no remedy.”

The ACLU is also arguing that by refusing to hire Callaghan, Darlington has discriminated against a disabled person, and is in violation of the Rhode Island Civil Rights Act.

Licht did not approve Darlington’s motion to dismiss for a number of reasons, but his biggest reason dealt with the Medical Marijuana Act, and Darlington’s argument that there is no private right of action, and that they should be allowed to not hire Callaghan to ensure a drug free workplace.

“It’s inconceivable to me that the General Assembly meant to say discriminate against for the use of marijuana, even though you can’t discriminate against them because they hold a card that allows them to use it,” Licht said. “I doubt there are many people who sought out a medical marijuana card that don’t use it.”

While Callaghan is seeking compensatory and punitive damages, Iafrate said she had other reasons to sue as well.

“One of her main purposes, which is why she went to the ACLU, is because this is an important issue, and it needs to be decided. People who are engaging in the medical use of marijuana in the state need to know whether they have employment protection or not. And they need to know whether it’s just words on paper or if it actually means something,” Iafrate said.

In a press release from the ACLU, Callaghan said that she would like companies to treat medical marijuana patients just as they would any other employee who may take medication for a chronic illness.

The next step is for the case to go to summary judgment and for both parties to engage in discovery of evidence and facts. Iafrate said this should happen within the next year.