Johnston is RI’s third city to stop enforcing aggressive panhandling law


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2015-12-16 RIACLU Press Criminalized Poverty 005Johnston is the third city in Rhode Island to stop enforcing its aggressive panhandling ordinance after the ACLU of Rhode Island sent the city a letter threatening a lawsuit. Providence and Cranston did so earlier this year.

“The police chief made the decision not to enforce that ordinance at this time,” said Pawtucket/East Providence Senator Bill Conley, who is also the city solicitor for Johnston. “We’re going to look at how these cases play out in court and revisit the issue.”

The city agreed via a letter not to enforce the anti-panhandling law after receiving a letter from the ACLU.

“We believe that the Town ordinance raises significant constitutional concerns by impinging on the First Amendment rights of the homeless and the poor,” said the letter from ACLU Executive Director Steven Brown dated May 10. “In the past year, in fact, at least three courts elsewhere have struck down laws very similar to the Town’s “aggressive begging” ban. See Thayer v. City of Worcester, 2015 WL 6872450 (D. Mass. 2015); Browne v. City of Grand Junction,2015 WL 5728755 (D. Colo. 2015); and McLaughlin v. City of Lowell, 2015 WL 6453144 (D.Mass. 2015). The unsuccessful defense of these laws has come at great financial expense to those cities.”

ACLU volunteer attorney Marc Gursky hailed the city’s quick decision to suspend the law. “I commend town officials for acting promptly in recognizing their constitutional obligations and in saving taxpayers from the expense of an unnecessary lawsuit,” he said.

“I am optimistic that as municipalities are compelled not to criminalize homelessness and poverty, they will instead collaborate with constituents and other advocates on solutions to these issues, including affordable housing and adequate income supports,” said Megan Smith, an outreach worker with House of Hope, an organization that helps homeless people.

Conley said it would be up to the city council to repeal the law. He doesn’t think Johnston police officers will still enforce it. “If that happened I think the chief would remind that officer that department policy is not to do that,” he said.

Providence agreed to stop enforcing its aggressive panhandling law in February – a move that drew the ire of downtown business interests. Courts have recently struck down laws targeting aggressive panhandling, saying panhandling is constitutionally protected speech and noting other laws cover aggressive behavior.

The ACLU, in its press release, said, it “is engaged in ongoing efforts to challenge and repeal laws that disproportionately affect the rights of the homeless” but said no further actions are planned at this time. RI Future is researching whether other communities have such laws.

Correction: An earlier version of this post neglected to mention that Cranston stopped enforcing its aggressive panhandling ordinance.

ProJo touts its comment section, ignores racism


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Mattiello at the Grange 004The Providence Journal has done a piece on how their on-line commenters have reacted to their battles with Speaker Nicholas Mattiello and the General Assembly over legislative grants.
 
Left out of the ProJo’s reporting is the fact that there is no greater cesspool of racism in RI than the ProJo’s comments section, such as this comment from “Arya Stark” who says of Rep Anastasia Williams,  and I apologize for repeating this, “I’m pretty sure her speech was spoken in Ebonics” and “She sounded like a thug.”
 
Also left out of the reporting is the low opinion people have of the Projo, such as, “The Journal finally grew a pair” by “Holy Tamoly” and this comment by “Trier” :
Two highly ineffective and contemptible institutions calling out one another – the RI General Assembly and the Providence Journal.”
In many ways, the commentary on the ProJo site is the worst thing about the once great newspaper. I’d think twice about drawing attention to it if I were the paper’s editor.

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Federal judge orders end to “Prison Gerrymandering” in Cranston school and city council districts


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aclu logoIn a precedent-setting ruling, U.S. District Judge Ronald Lagueux issued a decision today holding that the City of Cranston violated the one person, one vote requirements of the U.S. Constitution when it allocated the entire incarcerated population of the Adult Correctional Institutions (ACI) as “residents” of one ward of the City when it drew district lines for the City Council and School Committee following the 2010 Census.  The ruling allows the City 30 days to present the Court with a new redistricting plan meeting constitutional requirements.

Today’s ruling, just the second of its kind in the nation, concluded that the City artificially inflated the population count of Ward 6, where the ACI is located, by treating all incarcerated persons as “residents” of the prison for redistricting purposes. Doing so, said the court, violates the rights of persons residing in other wards to equal representation as required by the Equal Protection Clause of the Constitution.

“I’m thrilled that our fight for equal representation has been successful,” said Karen Davidson, lead plaintiff.  “Fairness in redistricting is a fundamental right and I’m glad that the court has vindicated our claims.”

At issue in the case was the City of Cranston’s choice to count the more than three thousand inmates at the ACI in a single city ward for the purposes of drawing City Council and School Committee districts.  Plaintiffs argued this “prison gerrymandering” was improper because those incarcerated at the ACI are not true constituents of local elected officials, but instead remain residents of their pre-incarceration communities for virtually all legal purposes, including voting.

Judge Lagueux agreed with the plaintiffs’ claims, stating that “the ACI’s inmates lack a ‘representational nexus’ with the Cranston City Council and School Committee.” He noted that “Cranston’s elected officials do not campaign or endeavor to represent their ACI constituents,” and pointed out that that the majority of incarcerated persons cannot vote, and those who can are required by law to vote by absentee ballot from their pre-incarceration address.

Due to the questionable counting, persons at the only state-run correctional facility in Rhode Island account for 25% of Ward 6’s total “population.” According to Census Bureau data, without the incarcerated population, Ward 6 has only 10,209 true constituents. Yet those constituents now wield the same political power as the roughly 13,500 constituents in each of the other wards.

Cranston residents Karen Davidson, Debbie Flitman, Eugene Perry, and Sylvia Weber joined the ACLU of Rhode Island as plaintiffs in the case. They were represented in federal court by Demos, the Prison Policy Initiative, the American Civil Liberties Union, and the ACLU of Rhode Island.

“This is a big win for democracy,” said Adam Lioz of Demos, counsel for the plaintiffs.  “Prison gerrymandering distorts representation and should no longer be tolerated.  This decision should pave the way for other courts to address this long-standing problem.”

“We applaud the court’s decision requiring the City to correct its prison gerrymandering problem without delay,” said Steven Brown, executive director of the ACLU of Rhode Island.  “It is time for Cranston to stop holding elections under a one-person, three-quarters of a vote regime.”

“Counting people at the ACI as constituents of Ward 6 officials made no sense,” said Aleks Kajstura of the Prison Policy Initiative.  “They can’t use the park or library, attend a City Council meeting, or send their kids to public schools.  And, even those who can vote must do so from their actual legal residence, not the prison location.”

“This ruling means that Cranston can no longer play games with our democracy by artificially inflating the political power of one district over another. People who are incarcerated should be counted as residents of the districts where they lived, not as so-called ‘residents’ of where they are involuntarily confined,” said Sean Young, staff attorney with the ACLU’s Voting Rights Project.

ACLU of RI volunteer attorney Lynette Labinger added: “The ACLU first urged the City to redraw its district lines four years ago in order to protect the rights of voters in the City’s five other wards. I am gratified that they should soon have their voices heard in equal measure with those in Ward 6.”

The case is Davidson et. al. v. City of Cranston.  Plaintiffs’ complaint can be found here and their response to Defendant’s motion to dismiss is here.  Judge Lagueux’s ruling is here.

[From a press release]

Activists block pipeline with live-in, solar powered shipping container


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ResistAIM 02Peekskill, NY – Just four days after 21 people were arrested for peacefully blockading the entrance to a Spectra Algonquin Incremental Market (AIM) Pipeline work site, two people courageously locked themselves into a renewable-energy powered, 20-ft recycled shipping-container home at the work site, directly on the pipeline route. They plan to stay inside the container blockade for as long as possible.

The AIM Pipeline is a 42-inch, high pressure, fracked gas pipeline, which if completed will run through residential communities and within 105 feet of critical Indian Point Nuclear Power Plant safety facilities. The fully self-contained home is a strong symbol of both resilience and resistance: It is intended to halt construction of the dangerous AIM Pipeline and to represent the safe alternative living situation we need to move towards to fight climate change and to halt our dependence on fossil fuel, which drives the buildout of dangerous infrastructure like the AIM Pipeline. The container home was built using reclaimed and recycled materials, is powered by both photovoltaic solar panels and a bicycle generator, has a green roof growing succulents and herbs, has a solar-heated shower and a compost toilet, and comfortable living space and beds for two occupants. All of these measures are important, but without stopping fossil fuel infrastructure, we are still on a path to disaster – which is why this project is also designed to physically stop construction on the AIM Pipeline.

ResistAIM 1The sustainable home has two occupants, both of whom walked across the entire country to raise awareness about climate change as part of the Great March for Climate: Jane Kendall is a 65-year-old retired New York mother of two who would like to be spending more time with her family, but feels morally obligated as an elder to do her small part to stop Spectra and to fight for a renewable energy future; and Lee Stewart, a 29-year-old organizer with Beyond Extreme Energy, who has been working to stop FERC since they approved a fracked gas compressor station near his home as part of project that would feed Dominion’s Cove Point LNG export facility.

“I was inspired by the fierce, loving determination in the voices of 13 Resist AIM members who disrupted a FERC public meeting to call out the commissioners for their complicity in the destruction Spectra represents,” said Lee Stewart. “It is an honor to take up temporary residence in New York on the route of the AIM Pipeline.”

“Spectra has placed all of us on a destructive path and in harm’s way. Today this simple small house, built from reused and repurposed materials and powered by renewable energy, stands on the AIM Pipeline path to halt construction,” said Jane Kendall.

ResistAIM 3This action comes after years of residents and grassroots groups actively engaging in the regulatory process, only to be ignored by FERC. The City of Boston and several grassroots groups have filed a lawsuit in Federal Court challenging FERC approval of the project. In February, Governor Andrew Cuomo wrote to FERC asking for an immediate halt to construction while New York State conducts an independent risk assessment of siting the massive, high-pressure pipeline next to Indian Point Nuclear Power Plant. FERC denied the Governor’s request, and claimed that a risk assessment by the Nuclear Regulatory Commission (NRC) showed that the plant was safe. Just five days ago, on May 20th, Senators Charles Schumer and Kirsten Gillibrand called for an immediate halt to construction. Spectra’s Director of Stakeholder Outreach, Marylee Hanley, responded that “Algonquin Gas Transmission resumed construction on the Algonquin Incremental Market (AIM) project in April and will continue with its construction.”

“Now Spectra is rapidly proceeding with construction in our area despite opposition from thousands of New Yorkers and elected representatives,” said Kendall, “We are at a critical stage in this struggle, with project completion scheduled for November. Each day more trees are cut, more blasting takes place, and more pipeline is laid. It is necessary for us to stop this project now.”

There is no more time to wait. The Federal Energy Regulatory Commission has shown that it will not protect us from the fossil fuel industry that is destroying our climate. Instead, everyday people are stepping up and modeling the future we want to see while taking a stand against the dangerous pipeline that threatens us and our friends and neighbors.

“I am also taking this step because of the amazing connection I feel to the amazing people all over the state who are not only standing up to AIM, Spectra, and FERC, but who are also finding ways to build community during a time when the power that be are bent on keeping us isolated and narrowly focused,” said Stewart.

Online: www.resistaim.com

On Facebook: www.facebook.com/resistaim

On Twitter: https://twitter.com/ResistAIM

#StopSpectra #ResistAIM #Blockadia

[From a press release]

Democracy Now! covered this story here.

Lee Stewart protested Textron in RI, as seen in this piece on RI Future.