Community groups pressure PVD City Council on Community Safety Act


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Dan and Malcus Mills
Dan and Malcus Mills

Members of the Coalition to Pass the Community Safety Act (CSA) spoke out before Thursday night’s Providence City Council meeting about the importance of empowering local communities on policing.

“Providence needs the Community Safety Act because without it we feel unsafe,” said campaign coordinator Vanessa Flores-Maldonado in a statement. “The Coalition hopes that a public hearing will speak loudly to the need of an ordinance that seeks to hold police accountable when they harass and brutalize our community.

The Coalition, which is comprised of local community organizations and members, had previously submitted a petition on July 1 to have the city council hold a public hearing before going on their August break. However, the 90+ signatures submitted took 3 weeks to verify and no public hearing was scheduled within the 14 days required by the City Charter.

Malcus Mills of DARE (Direct Action for Rights and Equality) introduced three speakers, Dan, representing PrYSM (Providence Youth Student Movement), Wayne Woods of DARE, and Justice, speaking for RI Jobs with Justice.

Dan spoke about the gang database used by the Providence Police Department. If a youth is placed on the gang database list, they have no ability to remove their name or even check to see if their name is on the list. This may result in loss of job and educational opportunities in the future.

Right now, said Dan, the police, “judge people by their appearance, their race, gender etc, and they will say you are guilty… because they think you are part of a gang.”

Wayne Woods spoke of being profiled and pulled over on the East Side of Providence. After being removed from his car, searched, and then waiting for 20 minutes as his car was searched by police, he and his friend, both black men, were sent on their way. The police told the men, “To go home and take it easy.”

If the CSA were passed, said Woods, the car could only have been pulled over for probable cause and the police would have to issue a receipt to people they detain, outlining the conditions of the probable cause.

“A big part of why the CSA needs to be passed is so that we can hold people accountable to what they’re doing,” said Justice, representing Jobs with Justice. “Civil servants and law enforcement should be accountable just like other working people, and we need to be able to protect the people of Providence, we need to be able to protect the youth of color in Providence.”

The Providence Community Safety Act is a city-wide proposed ordinance that aims to hold police accountable and make communities safer. Developed by community members and organizations who are frustrated with police harassment and lack of accountability, the CSA has 12 key points that outline how police officers should interact with community members. These points range from video recording to traffic stops to the gang database.

Whitehouse not the climate champion Burrillville needs


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2016-02-01 FANG Whitehouse PVD City Hall 09
Senator Sheldon Whitehouse

United States Senator Sheldon Whitehouse has a national, and even international, reputation as a climate champion, noted Rhode Island Senate President M Teresa Paiva-Weed as she introduced him to to the nearly 150 people gathered in Newport for a community dinner and Q&A. Paiva-Weed talked up Whitehouse’s concern for his constituents, saying, “Someone like Sheldon makes it a point to be home and to have a focus on the issues at home.”

But to the residents of Burrillville who drove for over an hour through rush hour traffic to attend the dinner, Whitehouse hardly seems focused on “the issues at home” and in fact, his own words belie that. His international reputation as an environmental champion is of small comfort to the townspeople fighting Invenergy’s $700 million fracked gas and diesel oil burning power plant.

Whitehouse touted his environmental concerns in his opening remarks, saying, “The good news is that… the [climate] denial operation really is collapsing. You can feel it visibly. We’re at the stage where the CEO of Exxon has had to admit, ‘Okay, climate change is real, and we’re doing it and we want to get something done.’”

Climate change, says Whitehouse, “is going to hit home for Rhode Island in a really big way and I want to make sure that I’ve done everything that I possibly can to make sure that we are as prepared for it as we can be in the Ocean State.”

Richard Dionne, vice president of the Burrillville Conservation Commission was called on by Whitehouse to ask the first question.

“When discussing the most influential senators from Rhode Island on environmental quality issues, your name is often brought up in the same sentence as our former Senator John H Chafee,” said Dione, “Not bad company to be in if I do say so myself.”

“Really good company,” agreed Whitehouse.

Dione continued, “However, our Senator Chafee would be rolling over in his grave if he knew that a 900 megawatt fracked gas power plant being proposed by Governor Raimondo was to be sited smack dab in the middle of the John H Chafee Heritage Corridor in the northwest corner of Rhode Island, on the shared border with neighboring states Connecticut and Massachusetts.

“This area has been recently designated as part of the National Park Service. The approximately 13,000 acres of protected forests, recreational areas, wetlands and conservation areas is absolutely the most inappropriate area for this type of project.

“Every environmental organization in the state of Rhode Island has come out against the project,” continued Dione, “including the Environmental Council of Rhode Island, the Audubon Society, the Nature Conservancy, Blackstone Heritage Corridor, the list goes on and on, I have a list right here…”

“I know the list,” said Whitehouse.

“At many of the public hearings I attend, invariably the question gets posed to me, ‘Where is our environmental Senator on this issue and what is he doing for his constituents in Burrillville?’ A town which, by the way, has supported your election in 2006 and 2012.

“So my question is Senator Whitehouse,” said Dione, winding up, “What answer can I bring back to the people of Burrillville, and can you commit this evening to opposing this power plant?”

“The short answer is,” said Whitehouse after a short pause, “There is a process…”

“Here we go,” said a woman at my table with open disdain.

If there was a wrong answer to give, this was it. Everyone who attended Governor Gina Raimondo’s appearance at the Burrillville High School has heard this answer before. No one takes “trust the process” seriously. It’s political dodge ball.

Conservation Law Foundation (CLF) attorney Jerry Elmer has spoken eloquently about the process. “Remember that the reason – the raison d’etre – that the General Assembly created the EFSB (Energy Facility Siting Board) was precisely to take these energy siting decisions away from the Town Councils and town planning boards,” wrote Elmer.

RI Senator Victoria Lederberg, who got the EFSB legislation through the General Assembly 30 years ago, called the siting board concept “one-stop shopping” for power plant developers. Climate change, environmental concerns and the health and safety of residents didn’t seem to be high on the General Assembly’s priorities when the EFSB was formed.

The process renders the opinion of ordinary townsfolk essentially meaningless, said Burrillville Planning Board attorney Michael McElroy. “The EFSB can take [our opinion], they can take it in part, or they can reject it.”

“There is a process,” said Whitehouse, “taking place for [the power plant] through the state Energy Facility Siting Board. They take sworn testimony, as I think you know. There are a whole bunch of local environmental groups that are intervened into that proceeding. The Conservation Law Foundation has come down from Boston to intervene in that proceeding. They have witnesses.”

Senator Whitehouse is incorrect here. The only environmental group certified as an intervenor in the EFSB proceedings is the CLF. The Burrillville Land Trust, Fighting Against Natural Gas (FANG), Burrillville Against Spectra Expansion (BASE) and Fossil Free Rhode Island were denied intervenor status, as it was felt that their interests would be seen to by the CLF.

“It’s essentially an administrative trial that is taking place,” continued Whitehouse, “I have confidence in that process. I have confidence in Janet Coit at DEM (Department of Environmental Management) who by virtue of being the DEM director is on the Energy Facility Siting Board. I have confidence in Meg Curran, chairman of the Public Utilities Commission (PUC) who by virtue of being chairman chairs that Siting Board, and there’s going to be somebody from the Department of Administration…”

Associate Director of the Division of Planning, Parag Agrawal, is the third member of the EFSB.

“It’s a process I’ve worked with from my earliest days,” said Whitehouse, “when I first came as a young lawyer to Rhode Island I worked in the Attorney General’s office and I practiced representing the people before the Public Utilities Commission.

“So I have confidence in the process.

“Congratulations,” added Whithouse, “The opposition to Invenergy, I think, has won every round. Burrillville said ’No’ on planning, Burrillville said ‘No’ on zoning, the water board said ‘No’ on water, so I think you’re, yeah, it’s a process and I know it would be easier to just yell about it but it’s a process that I think is honorable and will come to the right result.

“So I want to focus my efforts on where it will make the biggest difference. I know we’ve had some conversation, repeatedly, but I still am of the view that, with the force and strength that I have available to me, I want to apply every bit of that force and strength to the battle in Washington, which if we win it, will be immensely significant, not just to Burrillville but to all of Rhode Island and to the country and the world.

“So, sorry that I don’t have more to give than that, but I do think that I give pretty well at the office with what I do on this issue. Thank you for bringing it up though, I appreciate it.”

Burrillville resident Lynn Clark was called on to ask the next question. This seemed like a coincidence, but in fact, half the questions asked concerned the power plant in Burrillville, in one way or another.

Clark rose and with only the slightest hint of nervousness in her voice, said, “My name is Lynn and I come from the northwest corner of the state of Rhode Island. It has been my home all my life. I applaud you and I love the work you’re doing on the environmental front.

“In Burrillville, our little town has come together and we have come out strong against this giant plan. We have a lot of environmental groups [on our side], 23 currently, and we are working hard.

“I wish I could say that I am as confident in this process as you are, sir. It has been a scary process. We have been consumed by this process. I have been at every meeting, for hours, two or three meetings per week. Sir, this is a scary, scary process.

“We need a champion in Burrillville and we are asking you to please come see us. Please, come talk to us. If this Invenergy [power plant] gets built, the detriments to our little state will be just horrifying.”

Clark’s appeal to Whitehouse was raw and emotional. It’s the kind of speech people give in movies to roust tired champions into battle one final time.

But this wasn’t a movie and Whitehouse wasn’t willing to be the hero.

“I hear you,” said Whitehouse, once again echoing words Governor Raimondo used in Burrillville when she visited, “I can’t add much to what I’ve said to Richard. Thank you for taking the trouble to come down and share your passion.

Eagle Scout James Lawless with Whitehouse
Eagle Scout James Lawless with Whitehouse

“It is the National Heritage Corridor,” said Clark, not giving up, “We also have a boy scout camp up there, camp grounds… Have you been up to Burrillville?”

“Oh yeah,” said Whitehouse.

“Okay,” said Clark, “I hope you come visit us soon, sir. Thank you.”

Other questions came and went. Whitehouse was asked about the Supreme Court vacancy, grid security and the opioid epidemic. When Newport resident Claudia Gorman asked Whitehouse  about the Federal Energy Regulatory Commission (FERC), he admitted that on the federal level, at least, he isn’t as certain about the integrity of the process.

“There have been several problems, at the federal level, with the approvals,” said Whitehouse, “They haven’t baked into their decision making what is called the social cost of carbon.” Whitehouse added that we don’t take seriously the problem of methane gas leaks, and that he held the first hearings on the issue of gas leaks and that we still don’t know the full extent of that particular problem…

The last question of the evening came from Cranston resident Rhoda Northrup. She rose as Whitehouse tried to bring the discussion to an end, and would not allow the dinner to end without asking her question.

“I do not live in Burrillville I live in Cranston,” said Northrup, “and what’s going on in Burrillville should not be completely on their backs. This is a global issue for all of us and if that power plant comes to our state of Rhode Island, it will set us back forty years. We will be committed for another forty years to a fossil fuel.

“That’s wrong.

“We need to move forward with wind and solar. And with all of that said, I would like to ask the senator if he has an opinion. With everything that’s been said tonight, ‘Do you have an opinion?’

“I know it’s a process,” said Northrup, “but that’s not an answer. Everybody’s telling us it’s a process. We know that. We’re walking the process. But we’re asking our leaders if they have an opinion. You must have an opinion.”

There was a short pause before Whitehouse answered.

“My opinion is that we must get off fossil fuels,” said Whitehouse.

“Thank you for that,” said Northrup.

But Whitehouse was’t finished. Lest anyone believe that by that statement Whitehouse was taking a stance against the power plant in Burrillville and matching action to his words, Whitehouse switched to his familiar political talking points.

“My opinion is that the best way to do that,” continued Whitehouse, “is to balance the pricing of fossil fuels, so that they are treated fairly in the marketplace. Right now they have a huge, unfair advantage because they don’t have to pay for the cost of the harm that they cause…”

DHS cuts hit the blind and visually impaired hard


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PrintSocial services for the blind and visually impaired are among the hardest hit as a result of the new computer system at the state Department of Human Services, said Rui Cabral, board member of the National Federation of the Blind of Rhode Island.

“The recent layoffs at the Rhode Island Department of Human Services (DHS) as a result of the costly UHIP system have affected employees and clients alike across many departments, but none more so than those in the previously five-person Independent Living unit at Services for the Blind and Visually Impaired (SBVI),” he said. “Several days ago four of those five Social Case Workers were laid off, cutting the workforce down to only one. One person to serve every blind child under the age of  14, every senior living with vision loss, and every visually impaired person in Rhode Island who is unable to work.”

At the press conference held last Thursday announcing staff cuts because of the new UHIP computer system, Melba Depeña Affigne, director of the RI Department of Human Services (DHS) said, “There will be no impact on clients.”

But in a statement, Cabral said, “There is no computer system that can accurately gauge what a blind person needs most—acuities and field loss can mean drastically different things for different people. Much of what clients of SBVI really need is a trusted and knowledgeable case worker who can provide not only the concrete resources, but support, reassurance, and advice based upon experience. In a society that so often tells blind people that we cannot, should not, are not allowed to, we need the assurance that we can live happy, successful, independent lives. For many of us, a Social Case Worker is the first person to tell us that. They have been working with the blind of Rhode Island for several decades between them; they know their clients, their needs and abilities, and they use that knowledge to serve a population that other, less specialized agencies, rarely know how to assist.”

These layoff will have an acute effect on visually impaired clients, he explained. “Say, hypothetically, that you, a sighted person, wake up tomorrow with significant vision loss. Where will you find out about the resources you need—the transportation opportunities, the library for the blind, the technology that will allow you to continue to use your iPhone and your computer, the nonvisual skills and devices that will help you to cook for your family and clean your house? How will you pay for–or even find out about–the glasses and the contact lenses and the magnifiers that will allow you to read your mail and pay your bills? A month ago, you would have called Services for the Blind and Visually Impaired, and someone would have told you that all of these things were possible, that they were there to help.

“Now? The future of the more than four hundred active clients, not to mention the hundreds of people who experience vision loss each year, is unclear. Now, it isn’t just society’s misconceptions that will keep blind and visually impaired people from living the lives we want—it’s the fact that we will not even have access to the resources we need in order to do so.”

The Members of the National Federation of the Blind of Rhode Island, “urge those in power to reconsider the termination of these workers’ positions. The needs of our unique population cannot be met by one worker alone, or by workers who have no knowledge of the true issues related to blindness.”

NFBRILogo

Burrillville Zoning Board votes ‘No’ on Invenergy


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Ray Cloutier
Ray Cloutier

Ray Cloutier, chair of the Burrillville Zoning Board, ripped Invenergy‘s plans for a $700 million fracked gas and diesel oil burning power plant to shreds Tuesday evening as he lead the board in a unanimous decision to reject the company’s application in their advisory opinion to the Energy Facilities Siting Board (EFSB). Cloutier called Invenergy’s plans to use “up to a million gallons of water” per day “totally irresponsible” saying that future growth and development in the town would be curtailed. “That’s totally irresponsible,” he said.

Elizabeth Noonan
Elizabeth Noonan

The Burrillville Zoning Board has been tasked by the EFSB to deliver an advisory opinion. The Zoning Board based much of their decision on the work done by the Burrillville Planning Board. The EFSB can give the advisory opinion as much or as little weight as they choose. They can adopt the opinion in whole or in part, modify the opinion or simply ignore it.

But the opinion, based on strong research and hours upon hours of expert and community testimony, should not be considered lightly. Cloutier maintained that Invenergy has avoided providing the board with requested answers.

“Due to… a lack of concrete information, we, the board, have asked in several different ways, several different times,  for concrete information from this company, and they’ve either ignored our questions, or evaded them, or answered in a very vague manner,” said Cloutier, “We’ve gotten no definite answers, as far as I can tell, on anything.

“We have no plans. Nothing that we can read.”

One big stumbling block is the water. Cloutier said:

The big question, and we’ve asked this over and over again, available water supply. There is no water supply. As a matter of fact, they’ve been denied any water from anybody in this town. And if they were to attempt to drill a well, and draw from the ground water, it would seriously deplete the aquifer in the whole town.

“It would stop any further development. It would cripple the town from developing anything further after this. There’s no guarantee that there’s enough water for [Invenergy]. I’ve heard that there’s up to a million gallons of water  per day demand at times for this plant. That’s totally irresponsible.

“This town would be facing a public water moratorium on future village growth if this is approved. It’s unbelievable that we’d consider that.”

The meeting started off contentiously. Burrillville residents, worried about the outcome of the opinion, quickly hijacked the meeting, demanding the opportunity to speak publicly. Cloutier appeared frustrated at times and admonished the crowd to be respectful. But in the end Cloutier thanked residents for their patience during the difficult process.

Invenergy’s lawyer Elizabeth Noonan actually lost her cool as members of the audience interrupted her, saying, “People, really, I’m trying to address the board member, could you give me a- little quiet?” One woman in the audience shouted, “No!” Noonan countered, “I don’t speak when you speak.” She then gave up trying to speak and put down her microphone.

With the decision of the Burrillville Zoning Board made, this part of the EFSB process has come to a close. The EFSB is still waiting on final advisory opinions from the Department of Health and the Department of Environmental Management.

Here’s Stephanie Sloman‘s testimony on low octave noise, which Cloutier found very compelling:

Here’s the full meeting:

 

EFSB established as ‘one-stop shopping’ for power companies


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Ocean State Power Plant
Ocean State Power Plant

On the day the Rhode Island Senate Finance committee passed the legislation that would establish the Energy Facilities Siting Board (EFSB), Robert L Bendick Jr, the director of the RI Department of Environmental Management (DEM) asked, “I just wonder what’s going on here. What’s the driving force behind this?” [Providence Journal, April 11, 1986; pg A-15]

The question Bendick asked on April 9, 1986 strongly resonates today. Jerry Elmer, of the Conservation Law Foundation, said the EFSB “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Governor Gina Raimondo refers to EFSB decision making as “the process” and asks us all to trust in it, but how are we to trust if we can’t tell if the intent of the process is to serve Rhode Islanders or to serve the energy industry?

What is going on here? Here’s some historical context.

Back in 1986, Ward Pimley, writing for the ProJo, wrote, “Sen. Victoria Lederberg, D-Providence, the sponsor, said the [EFSB] bill streamlines the approval process required for obtaining licenses to build major energy facilities for generation of electricity, treatment of liquefied natural gas, oil refineries and the like…”

2003_Lederberg
Victoria Lederberg

Victoria Lederberg was an impressive woman and public servant. A judge, she “served as state representative from 1975-1983 ,representing the East Side of Providence, and state senator from 1985-1991… Lederberg was a trailblazer, becoming the first woman of Italian heritage to serve in the Rhode Island legislature.”

Pimley continues, “In previous testimony, Lederberg called the siting board concept ‘one-stop shopping,’ where interested developers could learn what they must do to obtain licenses and fulfill obligations to build. She said it removes jurisdictional overlapping among regulatory agencies.

“She said the bill recognizes the state’s need for ‘reasonably priced, reliable sources of energy’ and balances that with issues affecting public health and environmental impact.”

Nine years earlier, in his January 1977 inaugural address, Governor J Joseph Garahy outlined his ideas for the state’s energy objectives. Siting of energy projects heretofore had been haphazard, and based solely on the whims of industry. Garahy had a vision “to site energy facilities in light of state plans, rather than private industry decisions.” He was governor of a Rhode Island that was suffering from environmental mismanagement, and the new governor was hoping for a different approach. The EFSB, at its best, would be a realization of Garahy’s vision, but in an effort to please industry rather than regulate it, Garahy’s vision may have been compromised.

Public Utilities Commission] Chairman Edward F Burke, Pimley wrote, “testified earlier that the legislation is important because there are eight or nine potential applications for energy-generating facilities that could be built in some other state unless the licensing procedure were streamlined.

“He cited a $300-million facility proposed for Burrillville that should provide electricity by 1989 on property owned by Narragansett Electric as an example of the type of facility that can be built.”

This $300-million facility is the Ocean State Power plant, which currently uses 4 million gallons of water a day to cool its turbines.

Recognizing that the EFSB would allow industry to override the environmental concerns of the state, Sen. William C. O’Neill, today more famous as a South County bike path than a Democratic senator from Narragansett, objected. Here’s Pimley’s play-by-play of what he called a ‘hot debate’:

“You feel DEM is an obstacle,” O’Neill said. “You removed that obstacle, and you know it.”

“You’re absolutely incorrect,” Lederberg shot back.

“I’m concerned that you’re allowing other agencies to override DEM,” O’Neill said.

“I totally disagree,” Lederberg said. “This shares decision-making. DEM has an important role. That’s why we’ve made them one of the board members. It does not weaken the permit-granting power by DEM.”

Lederberg said DEM does not have veto authority to stop any project it wants, but it still is involved in the planning process.

Then Sen. David R. Carlin Jr, D-Newport, said the siting board can overrule decisions of other agencies.

“It seems it’s clearly overriding DEM,” he said.

O’Neill, seeing DEM Director Robert L Bendick Jr watching the proceedings, said he would vote for the bill if Bendick agreed that DEM’s interests would not be jeopardized by it, but committee chairman Donald R. Hickey, D-Providence, called for a vote.

“The bill was approved, 8 to 4.”

This is what prompted Bendick to ask, “What’s going on here?” adding, “If what they’re doing is overriding the department’s authority, I’m opposed to it.”

Months earlier, in an editorial, the ProJo had endorsed Lederberg’s proposal writing, “As a House member in 1979, Mrs. Lederberg sponsored a similar bill that died in the Senate. Former Gov. J. Joseph Garrahy, who supported the bill, issued an executive order embodying many of its details, but that wasn’t an adequate substitute for statutory enactment…

“Mrs. Lederberg says energy installations must be reviewed in terms of regional need and cost-effectiveness, not on the basis that Rhode Island must be totally self-sufficient in energy.” [Providence Journal February 17, 1986; page A-10] Note that Lederberg is not quoted as mentioning, and that the ProJo editorial seems uninterested in, environmental issues.

Pimley noted that the bill, as originally introduced by Lederberg, allowed the General Assembly to override an EFSB decision, but that provision was removed before passage because “it was no longer needed.”

Pimley also noted that “support for the legislation came from the Governor’s Office of Energy Assistance, the PUC and Narragansett Electric Co.”

Narragansett Electric is today a wholly owned sub-entity of National Grid.

Of special concern to all involved with the establishment of the EFSB was a proposal “to build twin natural-gas-fired plants in Burrillville. According to a plan disclosed Tuesday, the plants would be supplied by a new, 25-mile gas pipeline that would run from Sutton, Mass., to the Burrillville site and on to Cranston.” [Providence Journal, February 13, 1986; page A-14]

The very first application the EFSB took up was the Ocean State Power Plant in Burrillville.

Providence DHS also experiencing problems


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From the DHS website
From the DHS website

The letter Heather received a week before her appointment with the Department of Human Services (DHS) warned that not showing up for her scheduled appointment could seriously delay approval of her benefits. Having been recently laid off and in search of work, Heather made sure that she was not only a half hour early, but that her paperwork was in order.

Arriving at the DHS offices in Providence on Elmwood Avenue, she got into the line for those with appointments. The other line, for those without appointments, was longer and moved more slowly. Both lines stretched out of the waiting room.

Conditions in the waiting room, Heather told me, were “miserable.”

From the DHS website
From the DHS website

“People were standing in lines for hours,” said Heather. “A lot of people were turned away. A lot of them were single mothers. It was hot, and there was not a lot of room to sit. Children were running around, crying and screaming.” She said employees appeared to be overwhelmed and frustrated.

Optimally, DHS provides people in need with access to many services such as Medicaid, SNAP benefits, Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and access to various energy assistance programs like HEAP, WAP and HSR.

The delays, Heather was told, were because of the new computer system the DHS was using to approve benefits. The new system was supposed to make things more efficient. Instead, workers at the office were facing too many cases and a new system being rolled out without adequate training.

At a press conference on Thursday, DHS director Melba Depeña Affigne said that changes in staffing and the conversion to the new computer system would have “no impact on clients.” Michael DiBiase, director of the RI Department of Administration called the issues that Heather and others have described as “unfortunate.”

After four hours, Heather got her EBT card and was able to leave the DHS offices by 4:45pm. The waiting room was no less full, most of those waiting would have to return the next day to continue the process.

The new computer system, which has no official name, was supposed to be online in July, and is now slated to be fully operational by mid September. The system is supposed to reduce the amount of time prospective clients spend with social workers and has been billed as an “incredible tool for our workforce” that will “enhance customer service.”

Heather disagrees. The system, she says, is “designed to make you feel like shit about yourself.”

Patreon

New computer system at DHS hurts clients and social workers


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Melba Depeña Affigne
Melba Depeña Affigne

Melba Depeña Affigne, director of the RI Department of Human Services (DHS), was “surprised to hear [that clients] did not get service” at the Woonsocket DHS offices. The clients in question were referred from the Woonsocket offices to the DHS offices in Pawtucket, a four hour round trip by bus.

Michael DiBiase, director of the RI Department of Administration said, regarding the problems at the Woonsocket branch of the DHS that the “break in service was unfortunate” and will last “hopefully less than a month.”

DiBiase and Affigne were holding a press conference to explain the layoff of 70 DHS employees, mostly social workers, as part a major reorganization of the DHS and the launching of a new computerized eligibility system that is projected to save taxpayers millions.

Michael DiBiase
Michael DiBiase

The laid off social workers, said DiBiase, will have a chance to apply for one of the more than fifty job openings at DCYF (Department of Children, Youth and Families). The layoffs are required, said Affigne, because of a “new staffing model” that will allow DHS to make significant cuts. The new model is “task based” and will not require supervisors trained in social work to manage by “case load.”

I asked Sue Pearlmutter, dean of the Rhode Island College School of Social Work if this means that the DHS is moving away from social workers advocating on behalf of clients and towards data entry technicians assisting clients using the computers.

“That has been my impression,” said Pearlmutter. The DHS is moving towards “a very different kind of process. Social workers engage with the client and work with the client.” The application process DHS is instituting makes “people take responsibility for their application at a kiosk or in a library.”

Often, these are “people in crisis” at a time when “completing an application is a daunting process.” Some adults and young adults, says Pearlmutter, “may find the process overwhelming. Removing a level of staff may cause more problems for people facing crisis.”

2016-08-25 DHS layoffs 003As for the staff DHS is cutting, saying that there are openings at DCYF is disingenuous. Many of the staff losing their positions at DHS started at DCYF, said Pearlmutter. They took jobs at DHS “because the work at DCYF is so crisis oriented. It’s difficult and emotional work that many found they couldn’t do any more.”

Talking about the jobs at DCYF as being like the work at DHS “shows no understanding of the kind of work social work is,” says Pearlmutter.

The new computer system, which has no official name, it’s just the “New Integrated Eligibility System,” said Affigne, was supposed to be online in July, and is now slated to be operational in mid September. The system will reduce the amount of time prospective clients will spend with social workers. This is “by far the largest technology project that has ever been undertaken by the State of Rhode Island,” said DiBiase.

The new computer system, said Affigne, is an “incredible tool for our workforce” that will “enhance customer service.”

Lucie Burdick, president of Local 580 of the Service Employees International Union (SEIU), disagrees. She told RI Future that “this extremely expensive computer system, if it even works correctly someday, will never provide the quality of service a trained, educated, experienced human being provides. The computer pilot program is failing miserably at this point and costs are rising rapidly. It could have been done better and cheaper. The displacement of staff and the cost of human suffering that it has exacted on the population we serve is unconscionable.

“This fiasco is the 38 Studios of human services. The taxpayers and advocates for the poor should be outraged.”

DHS provides people in need with access to many services such as Medicaid, SNAP benefits, Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and access to various energy assistance programs like HEAP, WAP and HSR. Affigne said that about one in five Rhode Islanders use services offered at the DHS, and that they maintain six field offices, like the one in Woonsocket.

“What will be the impact on clients?” I asked.

Affigne replied, “There will be no impact on clients.”

Yet existing clients did not start receiving notifications of reduced services in Woonsocket until August 23, and the Woonsocket DHS began reduced services on the 19th. That’s two or thee days of people arriving at the Woonsocket offices and learning that they were in for a four hour bus ride to Pawtucket from a sign taped to the door.

As Bob Plain and I tried to ask questions to get to the heart of the issue of the actual impact that this transition will have on people trying to access needed state services, Kristin Gourlay, health care reporter for RIPR cut in.

“Presumably,” said Gourlay, “in September, when the system goes live, people won’t have to go to a field office, they can go to- if the have a computer at home they can use that, they could go to a public library and use a computer there or another social service agency…”

“Correct,” said Affigne.

This allowed DiBiase and Affigne to shrug off concerns about social workers and clients as mere “bumps” along the way towards an improved, (read: cheaper) system. Yet, at a time when poverty and income inequality are at all time highs, and the economy of Rhode Island is barely improving, “bumps” in the lives of the one in five Rhode Islanders applying for needed assistance can be catastrophic.

Here’s the video of RIFuture’s questions:

Here’s the video of the full press conference:

 

Environmentalists hail Elorza’s stance on LNG


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2016-07-21 Toxic Tour 013The Environmental Justice League of Rhode Island (EJLRI) “is thrilled that Mayor Jorge Elorza listened to the community and is taking a strong stand against fracking, climate change, and LNG production in Providence.”

The EJLRI statement comes in response to Elorza’s announcement that he opposes National Grid‘s proposed LNG liquefaction facility to be located at Fields Point in the Port of Providence.

State Representative Aaron Regunberg, who represents the 4th district in Providence, also hailed the mayor’s announcement. “I am so glad the mayor has joined our opposition to this terrible proposal. It shows the LNG facility is not a done deal. This is a fight we can win, and so it is a fight we must win. Now it’s time for our federal delegation, who I know are all committed to fighting climate change, to put that commitment into practice here in Providence and join our push for #NoLNGinPVD!”

EJLRI echoed Regunberg’s call for more state elected officials to join them in the fight against expanding LNG infrastructure in Rhode Island. “We are very thankful for the support and climate leadership from our mayor and state legislators, and we now call on our federal congressional delegation and Governor Gina Raimondo to join us and stop National Grid’s plans to liquefy and export fracked gas from Providence.”

Monica Huertas, a leader in the #NoLNGinPVD campaign, responded to the news from the mayor’s office by saying “As a resident of the Washington Park neighborhood, I am so thankful for Mayor Elorza to have so willingly come out against ‘LNG.’ We can make a difference in the smallest state and as residents of the capital city we can take the lead on dismantling the old ways of doing things.  This shows that he is on the right side of history. After we have won the battle for clean energy, we can look back at this key moment in Providence and be proud that we fought together.”

Meghan Kallman, Chair of the RI Sierra Club said, “The Sierra Club is pleased with Mayor Elorza’s statement of opposition to the proposed LNG facility in Providence. Climate change is one of the gravest threats that our community faces. Infrastructure such as this liquefaction plant, that locks us into further consumption of fossil fuels, is a bad choice for our future. Further, its proposed location would imperil some of the most vulnerable residents of Providence. We are pleased that Mayor Elorza has listened to the concerns of the community and is opposing this wrongheaded proposal.”

“We have to move to renewable energy,” said Sam Bell, executive director of the Rhode Island Progressive Democrats (RIPDA). “Certain machine politicians may not believe we need to act to stop climate change, but our state cannot afford not to act. Elorza giving in to the people of Providence and supporting the NO LNG in PVD movement is a big win.”

The EJLRI statement concludes, “The decision to approve or reject National Grid’s proposal is still under fast-track review and likely approval in the Washington DC offices of FERC, the Federal Energy Regulatory Commission.  Governor Raimondo, Senator Sheldon Whitehouse, Congressman David Cicilline, and other elected officials need to join their colleagues in Providence and make it clear that there can be no more dangerous fracked gas expansion projects in Providence, or anywhere in the state.  We stand by no fracked gas LNG in Providence, no fracked gas power plant in Burrillville, and no fracked gas Access Northeast expansion of the pipeline, compressor station, and additional LNG production.

“Rhode Island is making international news as a climate change leader, and we need to be clear that real climate leaders reject fracking and support a rapid and Just Transition to a sustainable future that centers the needs of workers and frontline communities.”

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State Police investigating calls for Walaska from state phones


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walaska callThe Rhode Island State Police are investigating campaign phone calls made from Child Support Services, a state agency, on behalf of State Senator William Walaska, a conservative Democrat and 22-year incumbent. Walaska is being challenged by Jeanine Calkin, a progressive Democrat and Bernie Sanders supporter.

State Police Lt. Michael Glynn contacted RI Future, the Warwick doctor who initially told me about the calls, and also contacted Jeanine Calkin, whose husband, Daniel, also received a call. The scope and particulars of the investigation are unknown, but Calkin said that “someone is coming to talk to Dan today and take a look at our phone.”

RI Future broke this story last week. So far no other media organizations have covered it. When called for a comment, Senator Walaska said, “I know you don’t support me. I have no idea. I don’t know what you’re talking about.”

This story will be updated.

Here’s the call:

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Layoffs at DHS have already affected services in Woonsocket


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Woonsocket DHS 005People in need of social services are being turn away from the Woonsocket branch of the RI Department of Human Services (DHS) as the offices are in the midst of a downsizing and relocation.

On Tuesday some clients went to the DHS offices in Woonsocket and were told that they could not access the services they needed. They were referred to the Pawtucket offices, requiring a four hour bus ride, two hours each way. DHS employees in Woonsocket said their branch right now can only deliver “limited services.” I was told that all questions regarding the move and reduced services needed to be referred to DHS director Melba Depeña Affigne.

The reason for the change in service seems to be related to 70 layoffs at DHS that, according to a news release, is the result of a new software system coming in September.

“Moving from a software system designed more than 30 years ago to a modern, digital system requires different staffing needs,” said Depeña Affigne in a news release from the Department of Administration sent today. There will be a 3pm press conference explaining the layoffs in detail.

“The new eligibility and enrollment software system will make it easier and more convenient for Rhode Islanders to access those vital services,” Depeña Affigne said in the press release.

Woonsocket DHS 002
Notice on Woonsocket DHS door

DHS provides vital community and family assistance by way of food and cash assistance, child care assistance and Medicaid. DHS manages SNAP benefits,  Rhode Island Works (RIW), Child Care Assistance Program (CCAP), LTSS, General Public Assistance (GPA) and provides access to various energy assistance programs like HEAP, WAP and HSR.

Woonsocket DHS 003The clients DHS serve are among the most vulnerable in the state, who often have difficulty with transportation and access to the internet. Closing offices, downsizing staff and limiting services, even if only for a month, could have catastrophic effects on families.

In a letter to SNAP Advisory Committee members, SNAP Administrator Iwona Ramian wrote that the lease for the current offices expires on August 31, and the effective date for the new offices is September 1, with transition between offices beginning Monday, August 22. Notification of the move was mailed to clients on Monday, meaning many people did not know about the gap in services.

Woonsocket DHS 004
DHS website

Though Ramian in her letter says that “no gap in services is anticipated” the DHS website says, “The Woonsocket office is providing limited services” and refers clients to other locations.

Further calling Woonsocket DHS services into question is Ramian’s assertion that staffing levels at the Woonsocket office will be reduced from 36 to 14. The 22 employees who will no longer be in Woonsocket are being relocated to Providence.

A drop to 14 staff members is a big reduction. The implementation of a new on-line system for determining eligibility and needs was supposed to be in place before the change in location and reduction in staff, but the new system is experiencing delays.

Ramian notes that “the [new] office space will be shared with a comprehensive multi-service, non-profit, health and human services agency, giving customers a one-stop service location. The office telephone and facsimile numbers will stay the same. She’s referring to Community Care Alliance, a multi-service not-for-profit health and human services provider consisting of the original community mental health center serving the 6-town region, a school, the Woonsocket Family Shelter, the Northern RI Family Visitation Center (for DCYF-involved families), a youth success program, day treatment, partial hospital and acute stabilization for substance use and co-occurring behavioral health disorders and more.

Calls to the DHS offices have not been returned.

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‘Essentially our advisory opinion means nothing’


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ProcessThe Burrillville Planning Board meeting, held on Monday evening, was a confusing muddle that revealed the structural weaknesses of the “process” that Governor Gina Raimondo implored the people of Burrillville to trust in.

The board was meeting to vote to approve the final version of its required advisory opinion to the EFSB (Energy Facilities Siting Board) concerning Invenergy’s $700 million fracked gas and diesel oil burning power plant, a scheme that is wildly unpopular with Burrillville residents.

The powerlessness of a small, town appointed board in the face of a multi-billion dollar company with state government support was aptly demonstrated when board chair Jeffrey Partington lamented that “one of the weaknesses of this entire [process] is that we haven’t seen plans” from Invenergy.

The “process” is designed so that a town planning board has to decide to endorse or oppose a plan that will have enormous impact on the town, without seeing the actual plans.

This is by intent.

Conservation Law Foundation attorney Jerry Elmer has pointed out that the process “was designed to take the power to stop a proposal like Invenergy’s out of the hands of the local people… and put it into the hands of the EFSB.”

Hours of meetings and endless discussions have consumed the board’s time and the energy and efforts of local townsfolk.  Yet the board’s own attorney, Michael McElroy, succinctly summed it up when he said, “Essentially our advisory opinion means nothing. It’s simply an advisory opinion. The EFSB can take it, they can take it in part, or they can reject it.”

At this meeting we learned that though Invenergy is confident that they can design the power plant to meet the noise ordinances set by the town, they have no intention of posting a bond to insure that this goal is met. An expert hired by the town has said that though he has never seen a power plant meet noise requirements so low and that such a thing has never been done, he believes it might be possible.

“It may be difficult and it may be expensive,” noise expert David Hessler cautioned, adding, “I think it can be done.”

Later in the same meeting Hessler admitted that he had “never seen a power plant meet the noise levels” but reiterated that he thinks this plant can be designed to do so.

Maybe this is why Invenergy won’t post a bond: What bonding company wants to insure a project that may well prove to be impossible? Not agreeing to post a bond may also be a legal strategy. The EFSB, when they decide on the final terms of the deal, might include a bonding that Invenergy agreed to, but more likely the EFSB will simply give Invenergy a waiver on the noise level, allowing the company to disregard Burrillville’s ordinance, without bringing up the bonding issue at all.

Why post a bond to meet a requirement you intend to have waived?

So all the sturm und drang over low octave vs. decibel limits on noise may well be for naught. “Essentially our advisory opinion means nothing,” said McElroy.

Here in Rhode Island we call that, “the process.”

Here’s the full video of the Burrillville Planning Board meeting.

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GoLocalProv misses the point, but good try


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Jason Knight
Jason Knight

Ultimately, the fault is with me, for not being more clear in my writing.

John DeSimone is a lawyer in private practice and he’s House Majority Leader in the RI General Assembly. When he crafts, shapes and votes on legislation, we trust that he will separate his two jobs in his mind. For instance, we trust that he will not allow the fact that he represents restaurant owners who engage in wage theft to shape the way he approaches restaurant and employment law. But in order for voters to be able to judge for themselves whether or not this is happening, they need to understand the kind of cases DeSimone is working on and what side he takes in these cases.

This is partly what I was trying to get at when I wrote about Leader DeSimone’s legal work for Chung Cho, owner of Gourmet Heaven, but there are other distictions to be drawn.

John DeSimone
John DeSimone

When GoLocalProv reporter and editor Kate Nagle read my piece, she was inspired. She attempted on Jason Knight, who is running in the Democratic primary against conservative Democrat Jan Malik in House District 57. (DeSimone, a conservative Democrat, is facing a challenge to his House seat from progressive Marcia Ranglin-Vassell, so the shape of the politics here becomes obvious.) Nagle wrote that Knight, “has represented DUIs, child pornographers, and sex offender clients since starting his own practice.”

Then she wrote, “The relevance of Knight’s practice and other attorneys running for office derives from a new focus on who candidates are representing in their practices. Last week, incumbent House Majority Leader John DeSimone came under fire for his representation of an accused wage-theft client. The criticism  came in part from RI Future‘s Steve Ahlquist, who wrote that voters ‘should know when the people we elect to represent us also defend the monsters who oppress us.’” [spelling corrected]

It’s nice to learn that GoLocal is learning about journalism from closely reading RI Future, but I think they might need a few more lessons. Nagle quotes me in the piece twice, without linking to my writing as I did for her above. (Here’s a handy guide to linking.)

“Voters should know when the people we elect to represent us also defend the monsters who oppress us,” I wrote, “Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.”

Nagle also quoted my tweet about my story, in which I said, ”What attorneys do for their clients should be relevant to how voters perceive their ethical orientation.”

The tweet above was in answer to a criticism from Brandon Bell, director of the RI GOP. Bell tweeted, “As an attorney I am an advocate for client which does not equate with accepting or endorsing client’s alleged wrongdoing.”

In my retort to Bell I was making a subtle distinction. It’s not WHO you represent, it’s WHAT you do for them.

Jason Knight defined the role of a defense attorney very well when he was quoted by Nagle: “…in a criminal case, there’s a judge, a prosecutor and defender, and all three roles need to be done well for a just result. I need a fair judge, and a zealous prosecutor — and a defense attorney who basically keeps the prosecutor honest.”

In my piece about DeSimone, I wrote that DeSimone was not only defending Chung Cho on allegations of wage theft, he was actively helping Cho to sell his business in what the RI Center for Justice called “an attempt to evade liability.” I wrote:

“DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.”

This kind of slick legal maneuvering isn’t about keeping the prosecutors honest or achieving a fair trial, it’s about helping a boss to plead poverty and avoid paying workers who, absent wages, were essentially reduced to slavery conditions.

Rather than creating a list of people who committed terrible crimes and attaching them to DeSimone’s name, as Nagle did in her piece about Knight, I wrote a piece outlining the kind of legal maneuvers DeSimone engaged in to protect a wage thief from having to pay his employees.

Perhaps such legal maneuvering is perfectly legal. Perhaps it’s all in line with the professional ethics of being a lawyer. But is it right? And does it call into question DeSimone’s suitability for the elected position he holds?

I’ll let the voters decide.

More pertinent to the discussion at hand, is this what Nagle was attempting in her piece about Knight?

I’ll let the readers decide.

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CLF moves to finish off pipeline tariff


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National Grid LogoIn response to the Massachusetts Supreme Judicial Court’s decision against National Grid’s plan to charge consumers to underwrite and guarantee profits for its proposed ANE pipeline, the Conservation Law Foundation (CLF) has moved to close the Docket on a similar proposal here in Rhode Island.

Closing the docket would essentially end National Grid’s plan. According to the motion, National Grid provided testimony in the Massachusetts case claiming that “the fate of the ANE Project is dependent on approvals of full cost-recovery in other New England states—especially Massachusetts, which National Grid assumed would provide a substantial portion of the financing for the proposed project.”

As National Grid further states, “If there is any possibility of less than full cost recovery over the entire term of the contracts, the Proposed Agreement has a negative expected value for the Company’s investors…” National Grid wants to place the risks of this investment on ratepayers, not its investors.

The motion to dismiss, filed by CLF attorneys Jerry Elmer, Megan Herzog and Max Greene, supplies several reasons supporting the contention that Docket 4627 needs to be closed in light of the Massachusetts decision.

The first reason is that the project cannot proceed without Massachusetts. “Massachusetts was to receive the lion’s share—more than 43 percent—of the Access Northeast project’s gas capacity,” says the motion to dismiss, “In effect, Massachusetts’ non-participation cripples the project.”

Even if National Grid decides to proceed with the motion, by deciding to actually assume the financial risks, says the CLF, that isn’t the plan as proposed in Docket 4627. The scheme, says the CLF, “is so substantially altered by [the Massachusetts opinion] that the Petition, as filed, fails to represent fairly the costs and benefits of the ANE Project.”

Without the State of Massachusetts buying in, “The resulting proposition is an entirely new, and raw, deal for Rhode Island. In effect, National Grid is now asking Rhode Island ratepayers to subsidize a project that it alleges will benefit all of New England; yet a substantial share of New England ratepayers—including millions of ratepayers in Massachusetts—will be insulated from bearing a proportional share of the risks of this experimental and uncertain scheme.”

Also, even though the Massachusetts decision was based on Massachusetts state law and has no direct legal bearing on Rhode Island, “the reasoning underlying the Massachusetts Supreme Judicial Court’s decision… applies with equal force here.”

Rhode Island has laws similar to those in Massachusetts regarding “the core principles of electricity market restructuring,” says the CLF, and approving National Grid’s plan “would undermine the main objectives of the [restructuring] act and re-expose ratepayers to the types of financial risks from which the Legislature sought to protect them.”

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Museum preserves Somali culture in a world of fear and hate


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SONY DSCThe Somali immigrant community in Minnesota came under fire from Republican presidential candidate Donald Trump earlier in August. Immigration policy, said Trump, is, “creating an enclave of immigrants with high unemployment that is both stressing the state’s … safety net, and creating a rich pool of potential recruiting targets for Islamic terror groups.”

Trump’s comments did not come out of a vacuum. They were in reference to the the high profile trial of 10 Somali-Americans who were tried for attempting to join ISIS. But note that Trump isn’t going after terrorists or criminals in his statements, he’s going after a community. The Somali community in Minnesota is the largest in the United States. Of the over 85,000 Somalis in the country, 25,000 live in Minnesota, and they want what we all want: peace and love and family and friends.

Trump’s words emboldened his followers to attack the Somali community. Laura Yuen of Minnesota Public Radio News, reports:

In an audio recording the Somali Museum of Minnesota said it received last week on its office voicemail, an anonymous caller, who identifies himself as a Minnesotan, saying “when Donald Trump is elected president, you’re going to have to close down your museum.”

The anonymous caller continues: “November’s coming around; he’s gonna get elected, and we’re gonna get put a ban on all Muslims, especially Somalis. Go listen to Donald Trump speak at speeches: He’s talking about Somalis in Minnesota. What do you think is gonna happen? They’re all gonna get deported. What’s gonna happen then to your museum?”

20160820_160946-1This is not an attack on terrorists, this is an attack on a culture, the threat of genocide is implied by such threats against its cultural institutions. The Somali Museum in Minneapolis is the only one of its kind in the world. Another museum, in Mogadishu, fell victim to the civil war, its artifacts and exhibits scattered to the wind.

I visited the Somali Museum on Saturday. I was given a tour by Abdirahman Hassan, a 24 year old University of Minnesota student. Hassan taught me about Somalia’s history of colonization, about the ways in which the country was divided by the English, Italians and the French. How a failed government led to civil war and the expansion of the Somali Diaspora. Today more than one million Somalis now live around the world in communities like Minneapolis.

Abdirahman is very much an American youth. We bonded over our mutual appreciation for Star Trek, yet his eyes were most alive when we talked about nomadic Somali culture. As part of the diaspora he could not read or write the Somali language until he began to learn it at university.

The Somali Museum concentrates on the nomadic Somali culture. Weaving is an essential skill. Some pots, like the one pictured above, are woven so tightly and expertly they can contain milk without leaking. The camel, in Somali nomadic culture, provides transportation, meat, leather and milk.

Abdirahman told me of Arawelo, the ancient and legendary queen of Somalia, who advanced the cause of feminism even as she castrated and limited the power of men.

I learned of Mohammed Abdullah Hassan, called the Mad Mullah by the British. He fought for the freedom of what was then known as Somaliland against British, Italian and Ethiopian forces. His was the first army to face aerial bombardment as biplanes dropped bombs on his forces. He did not die in battle or in prison, but of the flu at age 64.

There is a culture, a language, a history, a people and a community under threat from the mad rhetoric of Donald Trump and his followers. On June 29, near the University of Minnesota, “an assailant allegedly made disparaging remarks about Muslims before opening fire on five young men clad in Muslim prayer robes called qamis. Two of the men, ages 22 and 19, were wounded when bullets struck them in the leg.”

And of course there is 13-year old Yusuf Dayur, who has been bullied in school for being Muslim. “Why do your people attack us for no reason?” Yusuf was asked in school by an older student.

“I just walked away. I didn’t know what to do,” said Yusuf.

The mission of the Somali Museum says that, “By promoting the highest forms of Somali creativity, the Somali Museum believes that it can also help to diminish harmful prejudice and misunderstanding.”

Mission accomplished.

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Trump hits Minneapolis, the city hits back


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Yusuf Dayur
Yusuf Dayur

Coincidentally, Republican presidential nominee Donald Trump came to Minneapolis MN on the same day I made my first visit to the city. This turned a day that I had planned to spend sightseeing into a day of traveling to three different anti-Trump events.

“Trump’s rhetoric is creating an unsafe environment for the Muslim community, for the Somali-American community, and we have seen an increase in Islamaphobia and anti-Muslim efforts across the state of Minnesota,” said Jaylani Hussein, executive director of the Council of American-Islamic Relations- Minnesota (CAIR-MN), “We have seen, just a few weeks ago, an incident involving five young Muslim men who were shot… we believe that incident is a hate crime.”

Hussein believes that Trump’s extremist rhetoric is creating a hostile, unsafe environment for Muslim Americans and immigrants, and the effects are being felt by the most vulnerable.

Hussein introduced 13-year old Yusuf Dayur who has been experiencing bullying in his school because he is a Muslim. Hussein suggested that Dayur might one day be president. Though Dayur’s school is very proactive in providing Dayur time and space in which to pray, some of his fellow students do not trust him because he is a Muslim. Dayur bravely fought back tears as he described the difficulties he faces.

Jaylani Hussein’s full comments:

2016-08-19 Cosecha MN 003After the press conference I headed across town to the Minnesota State Republican Offices where Cosecha Minnesota was holding a “Wall Off Trump” event. Cosecha is “a nonviolent decentralized movement that is focused on activating our immigrant community and the public to guarantee permanent and humane protection for immigrants in this country.”

Estaphania and another woman explained that their protest, in which they painted a wall, like the one Trump is promising on the Texas-Mexico border, is meant to draw attention to Trump’s extremist rhetoric that threatens the health and safety of immigrant Americans.

2016-08-19 MN Convention Center Protest 066My last stop was at the Minneapolis Convention Center, where people representing virtually everyone Trump has ever publicly maligned, including immigrants, black Americans, members of the LGBTQ community, women, Muslims, indigenous Americans and more, gathered together to denounce Trump ahead of his visit to a large donor rally.

This protest was organized by MIRAc, the Minnesota Immigrant Rights Action Committee, a group that, “fights for legalization for all, an end to immigration raids & deportations, an end to all anti-immigrant laws, and full equality in all areas of life.”

2016-08-19 MN Convention Center Protest 009Trump did not make a public appearance in Minnesota, or even speak to the press. He spoke to donors only at the Convention Center. But his very presence in the city was enough to galvanize this group to come out to speak, sing, dance and chant their opposition to Trump being president.

According to the Minnesota Star Tribune, after this event, as Trump donors left the convention center, they were confronted by angry demonstrators. “The demonstrators who harassed donors were not present earlier on, when the protest was peaceful. Many in the later group hid their faces behind scarves,” writes reporter Patrick Condon, “Minneapolis police spokeswoman Sgt. Catherine Michal said there were no arrests and no reported injuries. There was, however, minor damage, including graffiti on the walls of the Convention Center, and officers had to escort Trump supporters in and out of the lobby because they were being harshly confronted, Michal said.”

Below are the rest of the pictures and video from the three events.

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Calls in support for Senator Walaska are coming from state phone


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When a Warwick resident and doctor checked his phone between appointments, he saw an unfamiliar number. Looking it up, he learned that the call came from Child Support Services, a state agency.

“Good afternoon,” said a male voice on his voicemail. “I’m a representative of Senator Walaska. We’re looking for some support this election if you go out and vote in the primary we would greatly appreciate it. Thank you.”

After hearing the call, and believing the use of state phones for partisan campaign calls to be against the law, the Warwick resident, who asked not to be identified, contacted the Attorney General‘s office. They told him that the AG’s office is only interested in issues of campaign fraud. He was referred to the Secretary of State‘s office. The Secretary of State’s office was similarly disinterested, and referred him to the Board of Elections. According to the resident who sent me the call, the person from the Board of Elections searched through the relevant statutes in vain before giving up and telling the resident that he should call back when he learned exactly what law is being broken.

For future reference, that law seems to be:

§ 36-4-52. Restrictions on political activities of classified employees

No classified employee shall during working hours engage to any extent in any form of partisan politics except that he or she may attend and vote at any party caucus, primary, or election held during working hours. Outside of working hours a classified employee may attend any partisan political rally, club, or gathering and privately express his or her partisan political views but any further partisan political activity on his or her part shall be engaged in only in accordance with the personnel rules. A classified employee violating the provisions of § § 36-4-50–36-4-54, or of the personnel rules shall for a first offense be either demoted or dismissed and for a second offense dismissed. All charges of these violations shall be publicly heard by the personnel appeal board.

Robert Kando executive director of the Board of Elections could not be reached for comment.

John Marion of Common Cause said that the issue appears reminiscent of an ethics complaint against Susan Cicilline Buonanno when she ran for the House District 33 seat that Narragansett Democrat Donald Lally resigned. Buonanno, principal of Gladstone Elementary School in Cranston was accused of using school email and phones to advance her political campaign.

This case is different because it’s not the candidate, but someone claiming to represent the candidate who appears to be using state resources for partisan political purposes.

“As you might expect, using state work telephones for campaigning is forbidden, and so we would want to know if this sort of thing was taking place so that the charges could be investigated and suitable disciplinary action taken if warranted,” said Fred Sneesby, an administrator at Children’s & Family Services. The Warwick resident who sent me the call has been put in contact with Sneesby.

Contacted by phone, Senator Walaska, after I identified myself but before I could fully explain what I was calling about, said, “I know you don’t support me. I have no idea. I don’t know what you’re talking about.”

walaska callJeanine Calkin, a progressive Democrat who is running against the 22-year incumbent, said that her husband, Daniel Calkin, received a similar call. A photo of her husband’s phone is on the left. Daniel Calkin, listening to the audio above, said he was “pretty sure it’s the same guy.”

“This looks like a very clear-cut violation,” said Sam Bell, executive director of the RI Progressive Democrats.”Campaign calls should not be made from state numbers. Being able to direct state workers to campaign for a candidate gives an enormously unfair advantage to powerful incumbents.”

Requests for comment from Representative Joseph McNamara and Brandon Bell, respective chairs for the Democratic and Republican parties in Rhode Island have gone unanswered.

As for the Warwick resident and doctor who sent me the call, he says that he is “disinclined to vote for Walaska.”

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CLF to PUC: Burrillville plant not needed


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Jerry Elmer
Jerry Elmer

The Conservation Law Foundation (CLF) today presented its arguments against Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant in a brief filed with the Rhode Island Public Utilities Commission (PUC). The PUC is charged with rendering an advisory opinion to the Energy Facilities Siting Board (EFSB) the board that will have the final say in whether the proposed plant gets built. In putting together their advisory opinion, the PUC will be considering briefs from the CLF, Invenergy, the Town of Burrillville and the Division of Public Utilities and Carriers (Division).

The PUC’s mandate is to “conduct an investigation … and render an advisory opinion” as to the “need for the proposed facility,” says CLF attorneys Max Greene and Jerry Elmer in their brief, quoting Rhode Island General Laws § 42-98-9(d). The CLF “therefore presented unrefuted evidence that shows the plant is not needed, in the form of testimony from expert witness Robert Fagan.”

Though Invenergy’s expert witnesses “profess to disagree” with Fagan, they argue that the plant will provide a “social surplus” of energy and not that the plant is actually needed, says the CLF in their brief. In the recent ISO-NE forward capacity auction, Invenergy only sold half its capacity. If you subtract out Invenergy’s contribution to the energy markets the region still has nearly 1,000 megawatts of excess capacity, says the CLF.

Further, Invenergy and the Division presented no evidence at the hearings that the plant is needed. Instead, Invenergy made the claim that if the power plant sold energy in an ISO-NE forward capacity auction, this proves the plant must be needed.  The CLF argues that this is incorrect, maintaining that “… a CSO is not a showing of need but the result of a complex market mechanism that takes into account other factors such as cost.”

But even if we accept the “CSO equals need” argument, says the CLF, neither Invenergy nor the Division “has presented evidence to show that the proposed Invenergy plant is needed. This is because Invenergy has proposed a two-turbine, 1,000 MW plant but has not obtained a CSO for a two-turbine, 1,000 MW plant.” What Invenergy is defending is a one turbine plant, since that’s what sold at auction.

The PUC must consider the need of the power plant as proposed. What Invenergy has proposed is a two-turbine, 1,000 MW plant. As the CLF brief makes clear, “Invenergy has not obtained a CSO for a two-turbine, 1,000 MW plant,” it has, at best, demonstrated the need for a “485 MW project.”

“Not once does the EFSB Order describe the proposed Invenergy plant under consideration as a single-turbine, 485 MW generator. Instead, the Order says the proposed plant ‘will have a nominal power output at base load of approximately 850-1,000 megawatts” and that the plant will consist of two units. So defined, ‘the proposed facility’ and ‘the Project’ do not have a CSO.”

The PUC’s advisory opinion is due at the EFSB before final hearings start in September. The briefs from all intervenors are due at 4pm today (Thursday).

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Court kills pipeline tariff in Mass, RI still considering


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Margaret Curran
Margaret Curran

As the Rhode Island Public Utilities Commission considers a request from National Grid to have ratepayers help subsidize a controversial pipeline project, the Massachusetts Supreme Judicial Court ruled against such pipeline tariffs in a decision released Wednesday.

“This is an incredibly important and timely decision,’ said David Ismay,  the Conservation Law Foundation’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.”

The ruling by the Massachusetts Supreme Judicial Court may have an impact on National Grid‘s proposed “pipeline tariff” here in Rhode Island. The Massachusetts court deemed “it unlawful for Massachusetts to force residential electricity customers to subsidize the construction of private gas pipelines, requiring the companies themselves to shoulder the substantial risks of such projects rather than allowing that risk to be placed on hardworking families across the Commonwealth,” according the the Conservation Law Foundation (CLF) who brought the case.

The CLF was the plaintiff in the Massachusetts case. The CLF maintained in their motion to intervene in the Rhode Island case that “an electricity distribution company” entering “into a contract for natural gas transportation capacity and storage services” and receiving “cost recovery for its gas contract from electricity ratepayers” is “something that has never occurred in the United States since the Federal Power Act was enacted in 1935, during President Roosevelt’s first term in office.”

Megan Herzog, one of the two lawyers representing the CLF before the RIPUC said in a phone call that the “pipeline is a bad deal for the whole region and that the Massachusetts court affirmed that.” Though the judge ruled on the case using Massachusetts law, there are statutes in Rhode Island that reflect similar principles.

According to Craig S. Altemose, a senior advisor forthe anti-LNG advocacy group 350 Mass for a Better Future, “It is unclear how much this will be a fatal blow to any of Spectra’s proposed projects, but we have absolutely undercut their financing (to the tune of $3 billion), called into question similar pipeline tax proposals in other states, [italics added] and have given Spectra’s investors greater reason for pause. Either way, we have unambiguously won a victory that the people’s money should be not used for private projects that further commit us to climate catastrophe.”

“Today’s decision reinforces what we already know: it’s not in the public interest to subsidize new fossil fuel infrastructure. It deals a serious blow to companies like Spectra who wanted to subsidize their risky projects with handouts from ratepayers. Communities facing an onslaught of fracked gas projects in their backyards like those in Burrillville have good reason to feel hopeful right now. We urge Governor [Gina] Raimondo and the Rhode Island PUC to follow the lead of Massachusetts and reject the pipeline tax,” Ben Weilerstein, Rhode Island community organizer with Toxics Action Center said.

Though the ruling in Massachusetts has no statutory value in Rhode Island, it may establish some lines of legal reasoning that will be helpful as the Rhode Island Public Utilities (RIPUC) Commission decides on Docket 4267, the Rhode Island part of National Grid’s ambitious plan to charge electrical ratepayers not only for pipeline infrastructure investments, but also to guarantee the company’s profits as they do so.

National Grid responded with the following statement: “This is a disappointing setback for the project, which is designed to help secure New England’s clean energy future, ensure the reliability of the electricity system, and most importantly, save customers more than $1 billion annually on their electricity bills.  We will explore our options for a potential path forward with Access Northeast and pursue a balanced portfolio of solutions to provide the clean, reliable, and secure energy our customers deserve. While natural gas remains a key component in helping to secure New England’s long-term energy future, the recently passed clean energy bill also presents a welcomed opportunity to support the development of large-scale clean energy, such as hydro and wind.”

Yesterday The RIPUC held a hearing on Docket 4627, asking National Grid to explain why it used such a “broad brush” in redacting information in its application. In the meeting announcement it was said that RIPUC Chair Margaret Curran thought “it is not intuitively clear how the information redacted falls within the exception to the Access to Public Records Act.” Much of what National Grid argues that much of what it wants to keep secret falls into the category of trade secrets, and releasing the information would put it at an unfair disadvantage with competitors, such as NextEra Energy Resources, LLC (NextEra).

As pointed out previously, National Grid will not release how much money ratepayers will be on the hook for if this idea is approved by the RIPUC.

Here’s full video of the hearing:

NextEra brought a separate motion to allow its lawyers access to highly confidential parts of National Grid’s application.

Here’s the full video of that hearing:

The Conservation Law Foundation (CLF) released the following statement today in response to the favorable decision from the Massachusetts Supreme Judicial Court in Conservation Law Foundation v. Massachusetts Department of Public Utilities (DPU):

‘This is an incredibly important and timely decision,’ said David Ismay, CLF’s lead attorney on the case. ‘Today our highest court affirmed Massachusetts’ commitment to an open energy future by rejecting the Baker Administration’s attempt to subsidize to the dying fossil fuel industry. The course of our economy and our energy markets runs counter to the will of multi-billion dollar pipeline companies, and thanks to today’s decision, the government will no longer be able to unfairly and unlawfully tip the scales in their favor.’

According to the opinion by Justice Cordy, DPU’s 2015 rule (“Order 15-37”) allowing Massachusetts electric customers to be charged for the construction of interstate gas pipelines is prohibited by the plain languages of statutes that have been the law of the land in Massachusetts for almost two decades.

In his opinion, Justice Cordy wrote, Order 15-37 is ‘invalid in light of the statutory language and purpose of G. L. c. 164, § 94A, as amended by the restructuring act, because, among other things, it would undermine the main objectives of the act and reexpose ratepayers to the types of financial risks from which the Legislature sought to protect them.’

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Franklin Graham’s hate and fear not wanted in Rhode Island


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Franklin Graham

Franklin Graham, son of the famous evangelist Billy Graham, is coming to the south steps of the Rhode Island State House on August 31 at noon, to preach his message of anti-LGBTQ, anti-Islam, pro-theocracy intolerance. Graham is visiting Rhode Island as part of a 50-state tour.  “I’m going to every state in our country,” says Graham on his website, “to challenge Christians to live out their faith at home, in public and at the ballot box—and I will share the Gospel.”

Graham’s gospel includes the demonization of those who don’t subscribe to his narrow, biblical world view. Graham “and his pals,” writes Rob Boston, director of communications at Americans United for Separation of Church and State, “lost the marriage equality case at the U.S. Supreme Court, but they didn’t let that slow them down. Almost immediately, they started attacking the transgender community.”

Graham’s tour is timed to have maximum impact on the coming presidential election, even as he tries to pretend that his message somehow transcends politics. “I am running a campaign, but I am running a campaign for God,” says Graham on his 50-state tour website. His message isn’t one of unity and peace, it’s one built on the familiar right-wing tropes of hate and fear.

“The secularists, the progressives, many of these people, most of them are people that would be atheistic, and we have taken God out of our country,” said Graham during his Facebook live prayer event, scheduled before the start of the Republican National Convention, “We have taken Him out of our nation; we have taken Him out of our government. We have taken Him out of the education system, and our country is beginning to implode. We’re on the precipice of anarchy.”

Graham reserves his most vile verbal venom for members of the LGBTQ community. “I want the school boards of America in the hands of evangelical Christians within the next four to six years,” said Graham to Fox NewsTodd Starnes, “And it can happen and that will have a huge impact because so many school districts now are controlled by wicked, evil people, and the gays and lesbians, and I keep bringing their name up, but they are at the forefront of this attack against Christianity in America.”

Franklin went to Russia in 2015 to praise “President Vladimir Putin’s protection of ‘traditional Christianity,’ including the passage of the 2013 ‘gay propaganda’ law that effectively criminalizes pro-gay-rights speech and advocacy.”

While in Russia, Graham didn’t miss his chance to put down the country of his birth. “[T]he situation in the US regarding religion is in decline. Secularism, which is almost no different from communism, is an atheistic movement. Our country is becoming more and more secular, more atheist, taking God out of government, taking God out of schools. We are witnessing America losing many religious freedoms. In your country over the past 30 years, we have seen positive changes. But over this same period of time in the US, the changes have been negative.”

If you’re not convinced that Franklin Graham is a monster, consider that he called the “first national monument to the gay rights movement near the site of the Stonewall protests in New York City” an “Unbelievable… monument to sin,” adding, “It’s no surprise that the three officials who represent the area and support the monument are all openly gay.”

Consider that Graham told a capacity crowd in Alabama that the idea of separating church and state is “just a lie that the enemy uses to try to keep your mouth shut.”

Consider that he lead the effort to boycott Girl Scout cookies because of the group’s acceptance of lesbian, bisexual, queer and transgender youth, saying, he “won’t be buying any Girl Scout cookies this year.”

Then there’s Graham’s anti-Islam rants, a featured part of his public comments and sermons since 9/11. In the aftermath of the attacks, writes William Alberts in Counterpunch, Graham called Islam a “very wicked and evil religion.” In the same Counterpunch piece Alberts wrote:

Rev. Graham’s glorification of his brand of Christianity depends on him condemning Islam as a “violent form of faith,” which led him to do violence to Islam with this glaring lie: “‘Nowhere in its history gives proof of peace (italics added).’” He continued, “‘Islam itself has not changed at all in 1500 years . . . It is the same. It is a religion of war.’” He cited the Islamic State, the Taliban and Boko Haram, and concluded, “This is Islam. It has not been hijacked by radicals. This is the faith, this is the religion. It is what it is. It speaks for itself.”

In Rhode Island, the LGBTQ and Muslim communities have united against hate and violence, especially in the wake of the Orlando shootings. When a mosque was vandalized in North Kingstown, members of the LGBTQ community attended an interfaith vigil in support.

Franklin Graham is visiting a state that was founded on principles diametrically opposed to his brand of intolerance, fear and stupidity. I am confident he will not find fertile ground for his bigotry in the state founded by Roger Williams.

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Leader DeSimone’s legal skills help wage thief


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John DeSimone
John DeSimone

House Majority Leader John DeSimone is also a lawyer and one of his clients is Chung Cho, a restaurant owner who was fined for wage theft in Connecticut and, more recently, faces a lawsuit for allegedly stealing wages from his employees at Gourmet Heaven in downtown Providence.

“Defendants are without sufficient knowledge or information to admit or deny that plaintiffs were employed by Gourmet Heaven,” wrote DeSimone in a court filing on behalf of Cho.

Cho is facing a lawsuit from eight workers in Rhode Island for unpaid wages in violation of the minimum wage and overtime provisions of the federal Fair Labor Standards Act and the Rhode Island Minimum Wage Act. The eight workers are being represented by Robert McCreanor and Marissa Janton of the RI Center for Justice. Gourmet Heaven, which Cho recently sold, has been the center of several public demonstrations.

In Connecticut, Cho was charged with “42 felony and misdemeanor counts of wage theft, larceny, and defrauding immigrant workers after a 2013 Connecticut Department of Labor investigation found that Cho owed over $218,000 in unpaid wages” to two dozen restaurant employees, according to a court filing.

Gourmet Heaven 010The Center for Justice initially filed its lawsuit in February, 2015, after “several requests for extension of the deadline for filing responsive pleadings”. DeSimone filed Cho’s legal response to the Rhode Island lawsuit on May 11, 2015. About a week later, on May 20, 2015, Cho sold Gourmet Heaven to GSP Corp for half a million dollars. At least some of the transactional paperwork for this sale was prepared by DeSimone.

Gourmet Heaven 004GSP Corp had come into existence about a month earlier, on April 9, “listing 173
Weybosset Street … as its address and Dae Hyun Yoo as its registered agent,” according to the lawsuit. Gourmet Heaven was incorporated at this address, which is also where the restaurant is located. “Dae Hyun Yoo (aka David Yoo) is the Chief Executive Officer of B.C.S. International Corporation (B.C.S.), a wholesale food supply company,” according to the filing. “While operating Gourmet Heaven, LLC, Defendant Chung Cho regularly ordered inventory from B.C.S. and two of its subsidiaries, Hyun Dai International Food Corp and New York Cheese Corp.”

DSC_2087-421x600 (1)After the sale was finalized on September 14, “$225,389.11 of the $500,000 purchase price was paid directly to B.C.S., Hyun Dai International Food Corp, and New York Cheese Corp, purportedly to satisfy existing debts.” In the closing statement, Chung Cho is listed as receiving only “$1,620.78 from the $500,000 purchase price” after other debts were settled.

In response to this “sale” (quotation marks are included in the complaint) the Center for Justice amended its complaint to include GSP Corp as a defendant., believing the “sale” is merely an attempt to evade liability. GSP Corp hired Brian LaPlante and Michael J Jacobs as lawyers and have moved to have the complaint against them dismissed. A judge will hear the motion on September 20.

Selling the business and pleading poverty to avoid responsibility seems to be Cho’s signature move. One month after he was arrested in Connecticut, he sold his Connecticut Gourmet Heaven stores to Good Nature Café Inc, which was incorporated the previous October.

After selling his Connecticut stores, “on September 30, 2015 Defendant Chung Cho filed for personal bankruptcy in Connecticut,” says the complaint, “In December of 2015 Defendant Chung Cho testified at a hearing in Connecticut that he has no assets, contradicting a previous sworn statement that he possessed between $1 million and $10 million in assets.”

Back in Providence, on September 16, 2015, GSP Corp took over operation of the store located at 173 Weybosset Street, and renamed it Serendipity Gourmet. “The store continues operation at the same address, with many of the same employees, and sells the same products. The signage on the store uses the same font and colors, and the word ‘Gourmet’ still appears in the name. Signs on the exterior of the store proclaimed that it was ‘under new management.’”

In March of this year, GSP Corp applied for a new food dispenser and holiday sales license with the Providence Board of Licenses for their newly minted Serendipity Gourmet. The board’s attorney is Louis DeSimone, Representative John DeSimone’s cousin.

Voters should know when the people we elect to represent us also defend the monsters who oppress us. Anybody being sued deserves legal representation, but using slick legal moves to avoid paying workers their earned wages is simply gross.

DeSimone is facing a challenge to his House seat from Marcia Ranglin-Vassell.

DeSimone did not respond to requests for comment.

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