ACLU commends House on passage of Good Samaritan Legislation


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acluThe ACLU of Rhode Island issued the following statement on the passage of Good Samaritan Legislation by the Rhode Island House:

“We thank the House for moving to reinstate the Good Samaritan law. Today’s approval of this life-saving legislation puts the state on track to address drug use and addiction through treatment rather than criminal punishment.

“It is now critical that the House and Senate each promptly approve the opposite chamber’s identical version of this bill so it can be sent to the Governor and signed into law as soon as possible.

“The reinstated Good Samaritan law will save lives and reassure Rhode Islanders that their state values saving a life over making an arrest. We look forward to its speedy passage, and hope to work with lawmakers to expand its protections later this session.”

[From a press release]

ACLU files second sex discrimination charge against Harmony Fire District


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Harmony Fire DistrictFor the second time in three months, the American Civil Liberties Union of Rhode Island has filed a complaint of sex discrimination against the Harmony Fire District for terminating a female employee who had raised concerns that male and female firefighters were being treated differently. The ACLU filed this latest charge with the Rhode Island Commission for Human Rights and the Equal Employment Opportunity Commission on behalf of Linda Ferragamo, an EMT/firefighter at the department for more than a decade.

At an October 2014 Harmony Fire District Board meeting, Ferragamo, fellow female EMT/firefighter Kimberly Perreault and several of their male colleagues expressed concerns about women not receiving fair treatment in the department. At the meeting, according to the ACLU’s complaint, Ferragamo expressed the view that the fire department “was a boys club and that the women had no input.”

Perreault was soon fired for allegedly being “unhappy” with the department. Shortly after that, Ferragamo sent a letter to the Harmony Fire District Board of Directors complaining about Perreault’s termination and expressing concern about the way men, but not women, were being promoted in the department. A month later, Ferragamo was suspended for allegedly missing, without notice, three shifts over a two-month period. She was then terminated in August 2015. Ferragamo’s complaint alleges that male members of the department were not terminated or suspended for similar absences and that her suspension was an act of retaliation for the concerns she had raised about the department’s treatment of women at the October 2014 meeting and in her letter.

Ferragamo said today: “I have spoken up at several district board meetings in which I voiced my concern about the treatment of women in the department. My termination was in retaliation for my concerns. I have been a very active member of the fire department for 12 years. I also always found time to help and promote the department with outside activities. I hope to one day return to help the citizens of Harmony.”

In November, the ACLU of Rhode Island filed a charge of sex discrimination on behalf of Perreault, a 12-year veteran of the department. None of the male firefighters who raised concerns about equal treatment of male and female employees have been disciplined or terminated.

ACLU volunteer attorney Sonja Deyoe, who is handling both complaints, said today: “Mrs. Ferragamo was brave enough to ask for equal treatment within the Harmony Fire Department and its response was to freeze her out of the complaint process, suspend her, then terminate her. It is my sincerest hope that we will be able to get her restored to her rightful position and begin a process of change within the department that will allow the women within it to be treated equally with their male counterparts.”

A copy of the complaint is available here: http://riaclu.org/images/uploads/Ferragamo_affidavit.pdf

Saxophonist Manny Pombo settles suit, may play without interference


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Manuel Pombo
Manuel Pombo

The City of Providence can no longer stop musician Manuel Pombo from performing or soliciting donations on city streets as part of a settlement reached today in a First Amendment lawsuit brought by the American Civil Liberties Union of Rhode Island.

See: ACLU sues Providence for violating street musician’s free speech rights

The ACLU of Rhode Island filed a federal lawsuit in July on behalf of Pombo, a 62-year-old saxophonist, who had been arrested once, and threatened with arrest on numerous other occasions, while playing his saxophone on sidewalks and street corners in Providence. His “permission to perform” license issued by the city also prohibited Pombo from soliciting donations for his performances, and it allowed him to perform solely at the unbridled discretion of police officers. The ACLU argued this violated Pombo’s free speech and due process rights.

As a result of today’s settlement, filed in U.S. District Court, the City of Providence can no longer order Pombo to stop performing on public property or require him to obtain a permit to perform on public property absent violation of any other valid ordinances. The settlement agreement further stipulates that “because soliciting donations is protected speech under the First Amendment,” the City cannot stop Pombo from soliciting or accepting donations for his performances. The City also agreed to pay compensatory damages.

The lawsuit was filed by ACLU of RI volunteer attorneys Shannah Kurland and John W. Dineen.

Kurland said today: “We appreciate that the City was able to work with us to acknowledge Mr. Pombo’s right to make music in public spaces. Let’s hope that going forward municipal government will respect the Constitution without people having to sue our own city.”

Attorney Dineen added: “Ben Franklin, who was a busker in his early days, will be glad to see that the First Amendment still has some life in it, although it takes a street saxophonist and the ACLU to keep it going.”

This is the third lawsuit in five years that the ACLU of Rhode Island has filed against the City of Providence for interfering with the exercise of free speech rights on City public property. Two years ago, a federal judge agreed with the ACLU that Providence police violated the free speech rights of a local resident when she was barred from peacefully leafleting on a public sidewalk in front of a building where then-Mayor David Cicilline was speaking. In 2014, the ACLU sued the Providence Police Department for violating the free speech rights of protesters at a fundraiser in Roger Williams Park for then-Gubernatorial candidate Gina Raimondo. That case is ongoing.

A copy of the settlement is available here: http://riaclu.org/images/uploads/Pombo_Settlement.pdf

Other documents related to the case are available here: http://riaclu.org/court-cases/case-details/pombo-v.-city-of-providence

[From a press release]

Groups request release of state police report on Tolman High School incident


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acluThe American Civil Liberties Union of Rhode Island, the NAACP Providence Branch, the George Wiley Center, the American Friends Service Committee – South East New England, and Providence Student Union today filed an open records request with the Rhode Island State Police requesting the full report of its investigation, conducted in conjunction with the Pawtucket Police Department, into the actions of a school resource officer who was recorded body-slamming a 14-year-old student at Pawtucket’s Tolman High School on October 14. The groups are also seeking the evidence gathered in the investigation, as well as documents related to any review of the pepper-spraying by Pawtucket Police of students protesting on the day following the incident.

The request, filed pursuant to the state’s Access to Public Records Act (APRA), was made after the State Police announced it had completed its review of the incident and found that the officer in question behaved appropriately. In their APRA request, the groups noted that they are not calling the report’s conclusion into question, but consider it important that the public be able to understand the report’s finding and see all the evidence used to reach this conclusion.

2015-10-16 Tolman 002The public interest in both the incident and subsequent investigation is clear, the groups stated, pointing to the extensive media coverage of the incident, the subsequent student protests, and the important policy issues the incident raised. In requesting the release of the documents, the groups noted that in August the State Police voluntarily released a detailed report into the Cranston Police Department and its “Ticketgate” scandal.

“Like that report, release of this information would shed light on important government issues, and particularly the role, responsibilities and powers of school resource officers in the schools,” the groups stated. By releasing this information, the groups noted, the State Police would be acting in line with an October 20 memo released by Governor Gina Raimondo’s office that emphasized the importance of state agencies disclosing information under APRA whenever possible.

“In balancing the public’s right to know versus any general privacy interests, we clearly believe the public interest is paramount in this instance,” the groups stated. Recognizing the need to protect the privacy of some individuals whose statements contributed to the report, the groups reminded the State Police that APRA provides for the redaction of those names and other personally identifying information rather than withholding the records.

ACLU of RI executive director Steven Brown said: “Release of the State Police report and materials is critical to promoting transparency and the public’s right to know in understanding this controversial incident that brought to light the many serious concerns raised by the routine presence of police officers in schools”

Martha Yager, program coordinator for the AFSC – SENE, said today: “I find it disturbing that it is deemed acceptable for a police officer to slam a child to the floor in school and arrest him. When a young person is loud and angry, should not the response be to patiently defuse the situation? Are not schools among the places we should teach children how to deal with their anger and distress? Why are children arrested when no law is broken? We need these documents to get a better handle on how to change a system that criminalizes children at school.”

NAACP Providence Branch President Jim Vincent added: “Although the police officer in question was cleared, the NAACP Providence Branch finds the use of force on a 14-year-old child very disturbing and calls into question whether police officers should be in schools in the first place.”

After the October incident at Tolman High School, the ACLU called on all school districts that currently have school resource officers to re-evaluate their use in the schools and to revise the agreements they have with police departments that set out their job responsibilities.

A copy of the APRA letter is available here: http://riaclu.org/images/uploads/Tolman_High_School_State_Police_APRA.pdf

From an ACLU press release

More reading:

How nonviolence street workers kept the peace in Pawtucket

Tolman students report disturbing police behavior

Violence, protest at Tolman leads to dialogue, opportunity for students

After the violence at Tolman: ‘What Now?’

ACLU calls on schools to revise policies on SROs


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