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The RICAGV (Rhode Island Coalition Against Gun Violence) held their second annual rally outside the State House, reaffirming their support for three critical pieces of legislation that would ban guns on school grounds, take guns away from domestic abusers and limit magazine capacity to ten rounds. The General Assembly has shown little appetite for these bills in past years, though there are some signs that some sort of compromise bill on keeping guns out of the hands of domestic abusers might pass this year.
This rally comes after a punishing Senate Judiciary hearing Tuesday night that lasted until after midnight. (I’ll have a piece on that over the weekend.) Speaking about Tuesday night’s hearing, Jerry Belair, president of the RICAGV, said that though he doesn’t like to speak ill of any elected officials, Senators Stephen R. Archambault (Democrat District 22, Smithfield, North Providence, Johnston) and Frank S. Lombardi (Democrat – Distict 26, Cranston), “did more testifying than almost anybody else. They seemed to be unwilling to listen.”
Between the first three witnesses, all representing the gun lobby, and the Senators own “testimony” it took three hours before a single member of the public representing the other side of the argument could testify, said Belair. When his side finally got to speak, said Belair, the Senators did everything they could to interrupt and disagree, “doing everything they could to not make us as effective” in delivering our message.
Belair teased a poll that the RICAGV will be releasing soon that indicates that Rhode Islanders, 3 to 1, want a ten round magazine limit. The same poll says 4 to 1 Rhode Islanders don’t want guns in schools (contrary to Senator Lombardi’s fantasy scenario spelled out here), and 92 percent of Rhode Islanders don’t want domestic violence offenders to possess guns.
The bills to disarm domestic abusers are House Bill 7283 and Senate Bill 2730.
The bills to keep guns out of schools is House Bill 7243 and Senate Bill 2761.
The bills to ban high capacity magazines are House Bill 7199 and Senate Bill 2835.
The RICAGV is encouraging Rhode Islanders to contact their elected officials and demand their support.
Below is all the music and speakers from the rally, plus plenty of pictures.
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The American Civil Liberties Union of Rhode Island and the R.I. Disability Law Center have today filed a federal civil rights lawsuit on behalf of a profoundly deaf person who was arrested and detained overnight in jail by Woonsocket police for allegedly making an obscene gesture, and who was never provided an interpreter to allow him to communicate with the police during his detention. The case raises important issues regarding municipal agency obligations to accommodate residents who are deaf or hard of hearing.
The lawsuit argues that city officials violated plaintiff David Alves’s “statutory and constitutional rights by unlawfully arresting and detaining him, charging him with violating an unconstitutional City criminal ordinance, subjecting him to discrimination on account of his disability, and failing to accommodate his disability.”
The arrest took place late one night last July, when Alves and some friends were at the City Side Club in Woonsocket to celebrate a friend’s birthday. After a verbal altercation between the bouncer and members of the group, police were called. On his way out of the bar, Alves gestured toward the bouncer with the American Sign Language sign for “b*llsh*t,” which police who had arrived at the scene interpreted as giving them the middle finger. Immediately after making the gesture, Alves was arrested by the police for violating a city ordinance banning “obscene language or mak[ing] an obscene gesture.”
While being booked and held at the station overnight, Alves’s requests for a sign language interpreter were ignored. When a deaf friend came to the station to check up on him, a police officer handed the friend a note saying that Alves would “be out in the morning no problem . . . These things happen, he just needs to take it as a learning experience.” In the morning, he was released from custody and issued a summons to appear at court on the ordinance violation. A few months later, a Municipal Court judge dismissed the criminal charge.
Today’s lawsuit, filed by ACLU volunteer attorneys V. Edward Formisano, Michael Pushee and Alyse Galoski, and RI Disability Law Center attorney Katherine Bowden, raises a host of constitutional and statutory claims, including that:
The City’s “obscene gesture” ordinance is unconstitutionally overbroad and vague in violation of the First Amendment
The arrest and overnight detention of Alves without cause violated his rights to due process of law and freedom from unreasonable searches and seizures; and
The police officers’ failure to procure an interpreter or provide other means to effectively communicate with Alves violated a number of federal and state laws barring discrimination by municipal agencies on the basis of disability.
Among other remedies sought, the lawsuit asks the court to rule the “obscene gesture” ordinance unconstitutional, declare Alves’ arrest and detention unlawful, order the City to implement policies to prohibit future discrimination against deaf or hard of hearing individuals, and award Alves unspecified monetary damages for violating his rights.
Below are quotes from the participants in today’s lawsuit:
Plaintiff David Alves: “I need to fight this case so that other people don’t have to go through the same thing I went through. Deaf and hard of hearing people deserve the same dignity anyone else deserves. If they violate my civil rights, then they might feel they can violate other people’s civil rights. I want to do what I can to prevent that.”
ACLU of RI attorney V. Edward Formisano: “Mr. Alves was unlawfully arrested and detained under an unconstitutional law. To add insult to injury, he was not provided with the accommodations he needed for his obvious disability. We are confident that a court will vindicate the rights that were so unfairly denied Mr. Alves.”
RIDLC attorney Katherine Bowden: “Municipal compliance with federal and state laws prohibiting disability discrimination is mandatory, not optional. People who are deaf and hard of hearing have a right to equal access to city services, including the right to effective communication with the police and other city officials.”
ACLU of RI executive director Steven Brown: “In this country, people cannot be locked up simply in order to give them a ‘learning experience.’ We are hopeful this lawsuit will send a clear message to all law enforcement agencies that there are basic constitutional limits on the use of their formidable police powers, and that they cannot ignore their obligations under anti-discrimination laws to treat people with disabilities fairly.”
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A somber yet unyielding Town Council faced the displeasure of Burrillville residents Wednesday night. At issue is whether or not the residents of Burrillville can trust their elected officials to negotiate in their best interests with Invenergy, a multi-billion dollar company intent on bringing a fracked gas and diesel oil burning power plant to their pristine town. The Town Council appeared to do themselves no favors allowing their lawyer, Oleg Nikolyszyn, to speak for them.
The tone for the evening was set when Jan Luby took the council to task for apparently deceiving the public at a previous town council meeting about when exactly they learned that Invenergy was planning to build a power plant in their town. Council President John Pacheco had said that the Council had learned about it in August of least year, but video has surfaced showing that they knew as early as February.
“So now that we know that there’s no question you knew in February, not August, of last year… we’d like to know how you stand now, as individuals. We are your constituents and we deserve to know,” said Luby, even as she understood that under the Open Meetings Act, the council members could not answer questions but only listen. Luby then went on to suggest that Town Manager Michael Wood be fired, to much applause.
Terri Lacey took issue with comments she has seen and heard on social media regarding citizens opposed to the power plant. “The comments that have gotten back to us, about us… are intentionally demeaning,” said Lacey, “It gives the perception to the community that we are troublemakers… and we are not to be taken seriously.”
Jason Olkowski spoke for a long time about his love for his adopted city and the quality of life he enjoys with his wife and daughter in Burrillville. “I’m concerned by a Governor that marginalizes the people of Burrillville as protesters,” said Olkowski, referencing a comment by Governor Gina Raimondo about opposition to the power plant.
The most interesting part of the evening was when the Council finally got around to Agenda Item 16-119, filed by residents Terri Lacey, Andrew Vanable, Jason Olkowski, Jeremy Bailey and Deborah Yablonski. During the last Town Council meeting it was revealed that Town Manager Michael Wood, with Town solicitors Oleg Nikolyszyn and Special Assistant Council Michael McElroy have been negotiating tax breaks for Invenergy’s power plant, without the awareness of the residents of Burrillville. Nikolyszyn and Pacheco said then that since the subject was not properly on the agenda, it could not be discussed.
But now that the item is properly on the agenda, the subject is still off limits, said Nikolyszyn. As the item came up for discussion, Nikolyszyn rose and told the crowd that such negotiations are secret and discussing details would be a violation of the law. This seemed to infuriate the crowd.
Nikolyszyn said that the Town Council was going to be briefed on the details of the negotiations after the public portion of the Town Council meeting ended, in executive (private) session. Right now, Nikolyszyn maintained, the Town Council was unaware of the details of negotiations. Despite Nikolyszyn’s preamble, residents stormed ahead and asked their questions anyway, fully aware that the Council was shielding themselves from answering behind their lawyers.
At 10:15 in the video above, Jason Olkowski and Jeremy Bailey ask their questions. The question as to when the negotiations began, why the negotiations were undertaken and who approved them could not be answered, said Nikolyszyn. The details of McElroy’s involvement with the negotiations, and how much he is paid, said Nikolyszyn, is not a public record.
The details of all negotiations will not be publicly known until negotiations are complete, said Nikolyszyn.
“That is certainly unfortunate,” replied Olkowski.
Olkowski then asked what are the advantages of negotiating a tax break for Invenrgy, rather than just leaving the $750 million plant on the tax rolls. Nikolyszyn replied that he is prepared to answer that question tonight, but in closed executive session, not with the residents in an open meeting. You don’t discuss the pros and cons of a business deal publicly, Nikolyszyn maintained.
The subject of the Town Council’s “neutrality” towards the plant came up. After the last Town Council meeting, many residents have wondered why the Town Council needs to be neutral about the power plant when Governor Raimondo has been a strong proponent. “It was I who advised the Council remain neutral” with respect to the power plant, said Nikolyszyn. “We don’t want to give [our appointed boards] marching orders, like the Governor did with the [Energy Facilities] Siting Board.”
It what could be seen as a direct attack on Raimondo’s credibility, Nikolyszyn said that not maintaining neutrality until the boards’ decisions are finalized weakens your credibility. We wants the reports of our boards to be respected, and not seen as just “following marching orders,” said Nikolyszyn.
One of the most frustrating parts of the discussion occurred at the 34 minute mark above. Tracey Keegan asked, “Could a council member make a motion to end all negotiations with Invenergy right now?”
After minutes of legalese and hemming and hawing on the part of Nikolyszyn, and after Keegan repeated the question multiple times, an exasperated Town Councillor David Place finally answered, “Yes.”
No one did, though. Instead, in a statement released today, Council President John Pacheco said, “…our team was directed to continue discussions… I’m satisfied that negotiations are headed in the right direction.”
More video from last night’s meeting:
Last note: Two Burrillville residents rose in support of the Town Council and Town Manager Michael Wood. Both were members of a board appointed by the the Town Council
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This law, known alternately as the “Justice and Innocence Bill” and the “32(f) law,” was passed in 2010 but has been on hold since 2012 due to a Superior Court ruling challenging its constitutionality. If you have never been put on probation in Rhode Island, the law might seem obscure. But if you are like the tens of thousands of people who have been sentenced to probation, this bill means something very important. It means a meaningful chance to fight a false accusation.
Prior to 2010, the law allowed people to be imprisoned for a crime for which they had been acquitted, and this Supreme Court ruling reinstates the legislation intended to end that practice. That 2010 bill, sponsored by Representative David Segal and Senator Rhoda Perry, required what would seem on its face value to be a common sense reform–that if someone is acquitted of a crime, they be released from prison.
The Segal-Perry bill was the result of a four year legislative campaign, which involved many spokespeople telling their story, strong opposition from the Attorney General and the police, an initial veto by Governor Carcieri, and eventual passage with overwhelming, bi-partisan support. In the final campaign, the legislation even received support from former Attorney General James O’Neil.
This seven minute video (recommended for anyone interested in this issue) features a description of the probation violation system’s lack of due process as explained by former Superior Court Judge Stephen Fortunato, who states “In practice, if you can get someone arrested, you can probably get them convicted as a violator.” It also features an interview with the late and esteemed John Hardiman, former Chief of the Public Defender, who states, “If you had all the evidence at a violation hearing you had a trial, chances are maybe the person wouldn’t have been violated, and that is the importance of this bill.” This was a grassroots struggle, with organizers from OpenDoors and DARE at one point covering the statehouse with thousands of ribbons with the names of people on probation in the state.
John Prince, a long-time advocate and community organizer with DARE, has a story that is integral to the passage of this legislation. John has not only spent nearly a decade fighting for this reform, he has spent over 30 years waiting for it, ever since he was falsely imprisoned in 1982 for four years. While on probation, he was charged with a Breaking & Entering, and despite compelling evidence that he was falsely accused, he was essentially railroaded by a system too quick to convict. I say he was falsely accused, because I have spoken directly to witnesses (who are also interviewed in the advocacy video) and talked to the person, one of the real perpetrators of that crime years ago, who falsely accused him.
As Johns case illustrates, the reform has the potential to have a broad impact but the extent is not entirely known. While there are very few, potentially no, people who are currently incarcerated for violations who were also acquitted at trial, every probation revocation and plea bargain negotiation is influenced by the fact that the defendant knows they have no recourse through trial. There are no doubt other cases out there like Johns, cases which disappear due to the expediency of probation revocations. These cases may see the light now. This legislation and Supreme Court ruling are thus systemic reforms, with a multiplied impact due to the large use of probation in this state (the fourth highest rate in the country). In some neighborhoods in Providence, over half the adult African American men are on probation, so this reform is a unique realignment of the justice system for those communities. In fact, no other state in the country follows the laws now in place in RI with this reform (with Illinois being the closest there is).
However, at the same time that this is a fundamental reform, it will also have a measured, limited effect. It is not a get out of jail free card. The actual defendant in this case, Robert Beaudoin, was not acquitted at trial until April, 2013, only one month before his two year sentence expired anyway, meaning that had the law been implemented it still would have had only a small impact on him. Even with this reform, the state can employ a number of strong practices to protect the public whenever there is any indication a person on probation might not have kept the peace, which include holding the defendant without bail, prolonging the time until trial, and using the leverage granted by the often very long suspended sentences. This reform only affects an individual whose case falls into a specific range of doubtthere is enough evidence to revoke their probation at a hearing but not enough evidence to convict them at trial. Yet, even then, the actual effect of this reform will largely be to shorten incarceration periods for potentially innocent people, not free them carte blanche.
Reducing mass incarceration is ultimately a vital goal. This was the subject of the mass incarceration symposium last year, widely attended by policy makers across the state, and is a key goal of the Governors Justice Reinvestment Working Group. And as was heard at that symposium, the main drivers of mass incarceration are that, compared to the past, we are more quick to incarcerate and more likely to incarcerate for longer. The results of this historical policy shift are stark in Rhode Island, and the crime control benefits are not wholly demonstrated. As we look to identify what reforms can restrain this system, it makes sense to look at an important type of changereducing the prison sentences for people that may very well be innocent. That was the goal of the many who instituted this reform in 2010, a reform which will hopefully now finally be implemented.
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