Press conference presents a glimpse of our dystopian future


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DSC08856On Wednesday morning, reporters and activists were prevented from attending real estate developer Joseph Paolino’s press conference where he was to announce his plans regarding the issue of homelessness. The behavior of the security guards and police officers at the Providence Convention Center, where the press conference was held, became a preview of what many fear might become the norm if the wrong policies are instituted in downtown Providence.

As activists and reporters entered the convention center, a security guard raised his hand and stopped everyone cold. “I don’t know where you guys are trying to go,” said the guard, “but I can’t let you guys go anywhere.”

A Providence police officer added that only “designated” people were allow to go up to the fifth floor where the press conference was taking place. It became quickly apparent that the activists and some reporters were not the “right kind of people” for the exclusive press conference.

Calls upstairs to the people in charge were useless. It didn’t matter to the convention center security guards or to the police officers that reporters and city residents were being denied access to a public meeting pertinent to their lives. What mattered, it seemed, was how one was dressed, who you knew, and how security perceived you.

People who were dressed in nice suits and ties, wearing nice clothes and carrying briefcases – or, let’s face it, white and upper class people – were allowed access. If you didn’t fit that bill, you were stopped in the lobby.

WPRO reporter Anita Baffoni was allowed upstairs with another woman who claimed she was a reporter, but RI Future’s Bob Plain was denied. Security claimed that the women had “credentials.” This is a matter in dispute.

Soon, people came downstairs from where the press conference was taking place and started approving some people and turning down others. Again, this was done either from familiarity, i.e. people in positions of authority recognizing each other, or through profiling along racial and class lines.

“It’s a private meeting,” said a man, who suddenly seemed in charge. “We’re trying to treat everyone like ladies and gentlemen,” he said. I countered that he was treating people like “second-class citizens” but he doubled down, saying that that “was absolutely not true.”

Some people were allowed to take the escalator without having so much as a single word or objection from security lobbied at them. These people were white and dressed nicely. For others it became necessary to storm past security and risk arrest if they wished to attend the press conference.

Convention center security eventually admitted that they couldn’t accost people. That didn’t stop them from threatening arrest. The Providence Police who were present were not arresting people, however, even when some activists made it all the way up to the fifth floor and began chanting outside the room where Paolino was holding court.

Is this the future for Kennedy Plaza? Access for some, as long as they look rich and white and have the right connections, while others become subject to ruthless regulations meant to keep us always on the edge of arrest?

Ordinances, such as “banning the distribution of anything to occupants of vehicles” are being proposed to the Providence City Council and being seriously considered. The ACLU’s Steve Brown calls this proposed ordinance “a direct attack on individuals who are struggling with homelessness or poverty and who seek to peacefully exercise their First Amendment rights to solicit donations.”

To his credit, Paolino said that restricting access to some reporters was inadvertent. He said he had no intention of preventing RI Future, the Providence Journal, RINPR and the Providence Business News from attending. But he did want to keep the activists and protesters away. He didn’t want his press conference disrupted.

When we hide our public meetings and press conferences behind security guards and police officers, restricting access to only the “right” people and the proper, embedded media, we set up a system that respects the rights of the rich over the rights of the poor. We set up a two tiered class system of the kind that lifts up some people by stepping on others.

Not unlike what some people would like to see in Kennedy Plaza.

Jan Malik, Colin Kaepernick and Ted Nugent


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14292254_10153647611341707_8425492810809215137_nRI State Representative Jan Malik (District 67, Barrington/Warren) said that when he re-posted a picture of 25 flag-draped coffins of American soldiers killed in battle, he didn’t notice that the picture and text came from right-wing political activist, musician and racist Ted Nugent.

“I couldn’t care less about that ass,” Malik said about Nugent.

When friends on Facebook noted the Ted Nugent connection, Malik took the photo down, even though he still stands by the meme, saying that the picture and the words make an important point.

The picture is accompanied by the words, “Would the suppressed millionaire, NFL quarterback, who would not stand for the National Anthem please point out which of these guys are black so we can remove the offensive flag.”

Malik says he did not see this meme as racist. To Malik the point was that, “you can’t tell who’s black or white beneath the flag. The [soldiers] should all be respected.”

The meme Malik re-posted was made in response to NFL player Colin Kaepernick.

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Jan Malik

When Kaepernick announced back in August that he was “not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” he started an important, spiraling conversation about race, police violence, the National Anthem and free speech.

Kaepernick was striving to make point about police killing people of color. “To me, this is bigger than football and it would be selfish on my part to look the other way,” Kaepernick said. “There are bodies in the street and people getting paid leave and getting away with murder.”

Malik maintains that not standing for the National Anthem disrespects our veterans and is a “disgrace.” Taking a knee, he said, “is a little bit better, but not good enough for me.”

The backlash against Kaepernick seems to have emboldened other NFL players to express solidarity, but so far no other players have chosen to remain seated. Instead, over the weekend four Miami Dolphins took a knee during the anthem, and two New England Patriots raised a fist.

“The way they are protesting the flag is a disgrace,” said Malik. “There are other ways to protest the killings of blacks – and whites – by police. Standing arm in arm is better, white and black together.”

Malik was referring to the Kansas City Chiefs and the Seattle Seahawks who locked arms in solidarity during the anthem.  The Seahawks said they wanted to “bring people together” while the Chiefs vowed to “work with local law enforcement officials and leaders to make an impact on the Kansas City Community.”

Football players like Kaepernick need to set the right example, says Malik. “They’re looked up to” by kids.

Malik says he understands the importance of free speech, but he takes not standing for the anthem personally, because he lost a friend last August in the war. “I really do think it’s wrong to not stand for the National Anthem. I believe that Black Lives Matter.”

Kaepernick “made his point,” said Malik, “We Americans don’t need anything else to divide us. We’re all Americans. We have to work together to make this world a better place.”

Malik, who serves as the chair of the House Veterans Affairs Committee is facing a challenge from Jason Knight in tomorrow’s primary. Knight served in the U.S. Navy from 1988 to 1996 as an enlisted nuclear power technician.

 

Political forces align against progressives ahead of primary


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Nicholas Mattiello
Nicholas Mattiello

Two races of special importance to Speaker of the House Nicholas Mattiello are being influenced through mailers sent out by a not-so-mysterious group calling themselves “Progress RI” which is funded by the Rhode Island Brotherhood of Correctional Officers (RIBCO).

As can be seen in the screenshot below, Nicholas Mattiello has made contributions to both Jan Malik and David Coughlin. This is in itself not unusual. Both are loyal members of Mattiello’s base and both received contributions of $1000, the legal limit. Coughlin received contributions in excess of the legal limit, but the extra $500 was refunded, essentially a $500, interest free, three month loan.

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Mattiello awarded Coughlin a second over-the-limit and later-refunded $500 campaign contribution/interest-free loan through his PAC, Fund for a Democratic Leadership, as seen below:

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As Ted Nesi tweeted last evening, the Progress RI PAC, (a name that invokes the Rhode Island Progressives Democrats of America (RIPDA) though they have no affiliation), has reported spending $9,348 on mailers against five candidates, including Jason Knight who is challenging Jan Malik and David Norton who is challenging David Coughlin. All the money for Progress RI comes from RIBCO, to the tune of $9,500.

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Richard Ferruccio is the president of RIBCO, and lobbies extensively at the State House on that union’s behalf, often arguing for tougher sentences and longer periods of incarceration for offenders and against legislation that might reduce sentences.
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RIBCO is a strong supporter of Speaker Mattiello, as seen from this list of campaign contributions:

005There seems an alignment of interests between Ferruccio and Mattiello. Both are working against Knight and Norton and for Malik and Coughlin. The ACI, where most of Ferruccio’s prison guard membership works, is in Mattiello’s district in Cranston.

Richard Ferruccio
Richard Ferruccio

Ferruccio generally opposes changes in the law that lead to early release of prisoners. Mattiello was singularly uninterested in passing Governor Gina Raimondo’s criminal justice reform package of bills, saying “The justice reform package was never a priority for the House. I was never convinced Rhode Island should be a test case for a national model on criminal justice.” Sam Bell suggested that the alignment of interests might be a “thank you” for “killing prison reform” though

Ferruccio did not respond to a phone message left at his office. Following Matt Jerzyk‘s advice on Twitter, I also reached out to Nick Horton at Open Doors, but was unable to connect.

Grim Wisdom talks with Eliza Sher


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Eliza Sher (and her daughter)
Eliza Sher (and her daughter)

This week on the Grim Wisdom podcast I sit down with Eliza Sher, a RI psychotherapist working in Providence. (Yes, I’ve had her on before, but this time we were drinking!) Topics include current events in RI politics, as always, but also the dark places in the human psyche and the stories we tell ourselves about who we are (and who creates those stories? and why?). Did I mention we were drinking? Enjoy!

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.

Patreon

Community supports Benny’s and redemption amid GoLocalProv ‘controversy’


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Sister Mary Pendergast supporting Benny's and Sal
Sister Mary Pendergast supporting Benny’s and Sal

Last week, GoLocalProvidence published an article provocatively entitled: “New Benny’s Ad Features Convicted Murderer”. A more appropriate title would have been “New Benny’s Ad Features Criminal Justice Success Story”. Or “New Benny’s Ad Illustrates the Potential of Nonviolence”.

The controversy about the ad centered on the presence of Sal Montiero Jr., one of a dozen or so Rhode Islanders in the video. Montiero did a relatively long bid at the state prison for second degree murder. Many have objected to his appearance in the ad because of that record.

I teach college courses at the state prison, and I have students like Sal who spend their time while incarcerated getting an education, improving their self-understanding, and trying to equip themselves to be more effective and compassionate human beings once they are released into society. They are there because they have made mistakes, but almost without exception, the students that I have taught in the prison work very hard to become better versions of themselves.

This is no small task, even for those of us who are not incarcerated. It takes courage to face and atone for our mistakes, especially very serious ones that deeply affect the lives of others. Self-improvement is challenging, and getting an education is a long road.

Montiero, by all accounts, is an example of how we want our justice system to work, and an example of someone stepping into his full potential when given a second chance. He was released from prison, is holding down a job, and importantly, that job is teaching nonviolence through the Institute for the Study and Practice of Nonviolence. He is trying to help others avoid making the mistake that he made, and teaching a practice that will benefit everyone. This is important work that our community needs desperately. He took the consequences mandated by the legal system, took advantages of the opportunities for self-improvement within the prison, and has been participating positively in the world since his release.

If our goal is to ultimately have safer, healthier communities that benefit everyone, then we would do well to celebrate, rather than shame, the success stories. Congratulations, Sal. Benny’s, I applaud your inclusivity. You have my business.

ProJo news story corrects Projo op/ed misinformation


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How misleading are Providence Journal editorials on public education and specifically charter schools? The news department ran a front page story this morning overtly correcting misinformation found in its editorials.

This from the second paragraph of the story ‘Bill would not end expansion’ on page A1 this morning (web version):

news projo bvp  And this is from the ProJo Editorial Board on June 18:

editorial projo bvpBVP was also used as an example in a June 9 editorial by the Providence Journal. A June 26 letter to the editor from former WPRO radio host Steve Kass, who also worked for Republican Don Carcieri, lauded and parroted the editorial’s focus on BVP.

ProjoThe ProJo editorial board has a long history of using – and misusing – Blackstone Valley Prep to represent all charter schools in Rhode Island. Many Rhode Islanders, even some charter school supporters, think the Journal editorial writers are purposely deceiving their readers in an attempt to improve public perception of charter schools.

In the same editorial, the Providence Journal writes, “What sin did the academy commit, in the eyes of the legislature, that necessitated its loss of funds? It is not unionized. And it tried to focus its spending on serving the students rather than providing costly benefits to adults.”

Even the most ardent charter school supporters know there are more valid reasons than this to better regulate charter school expansion. Objectively, charter schools divert critical funding from the vast majority of public school students. The ProJo editorial board never mentions this more salient point. The all-white, conservative-leaning editorial board only seems to care about inner city students when charter schools are involved – and charters serve only 5 percent of overall public school students.

But don’t confuse that with a hyper focus on charter schools. The ProJo editorial board has had nothing to say on a recent scandal at BVP involving teachers sending disparaging emails about students. But when a teachers’ union official was found innocent of cyber-harassing a state legislator, the op-ed board still called for the official to be fired.

If the editorial board is banking on the fact that most readers don’t pay close enough attention to see the nuance behind its obstructive and often misleading editorials, it is committing a gross miscarriage of journalism. Thankfully, the news department seems to be fighting back.

GoLocal’s ‘Panhandler Plague’ piece sparks protest


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2016-06-21 GoLocal Panhandling 003GoLocal, a local online news blog, “has a history of dehumanizing stories related to the poor and homeless” said protesters outside the news blog’s downtown offices on Tuesday. The news site’s latest headline, “Panhandling continues to plague Providence”, was too much. They organized a panhandling protest.

What the headline means, says Curtis Pouliot-Alvarez, staff attorney at Rhode Island Center for Justice, is that, “they don’t consider these people human. Instead they’re calling them an illness and a scourge on society.

“The real problem is poverty and the systems that create poverty” said Pouliot-Alvarez, and that’s what needs to be changed.”

Pouliot-Alvarez was joined by Shannah Kurland, a community lawyer at PrYSM and several others in congregating outside the GoLocal offices and asking passersby for money, “to buy GoLocal a heart.”

No one gave any money while I was there, and GoLocal never left their basement offices to talk to the protesters.

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Shannah Kurland

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Curtis Pouliot-Alvarez

Patreon

ProJo’s coverage of stabbing ‘disrespectful and dangerous’


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2000px-Transgender_Pride_flag.svgWhen the Providence Journal first reported the story about a transgender woman stabbed early Saturday in South Providence, it not only reported her name, it reported her birth name. This is, in the words of Ethan Huckel, board president of TGI Network of RI, “disrespectful and dangerous, because it has the potential to out her as transgender.”

Huckel explained, “This is not only a violation of her privacy, but, depending on her personal circumstances, could jeopardize her safety.”

The ProJo corrected this lapse of judgement and the story no longer contains the victim’s birth name, but the click-bait titling of the story, which refers to the woman as a “transgender prostitute” is also problematic.

The ProJo provides no corroboration that the woman was a prostitute. The headline reports that “police say” the woman is a prostitute, but such a claim is both unsubstantiated and irrelevant. As Ethan Huckel again explains, referring to the victim as a prostitute “shifts the focus of the report away from the attack and insinuates that [the victim] is somehow responsible. TGI Network of RI urges the media to use restraint and critical thought when reporting on this assault.”

As a reporter I know how tempting it is to go for the easy, click bait headline, but the victim of this crime deserves our compassion and respect. She should not be reduced to an object, gratifying our salacious curiosity.

As of Tuesday the police were still working to determine if the attack was a hate crime. In deference to the victim’s privacy we have chosen not to link to the original story.

Patreon

ProJo touts its comment section, ignores racism


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

Patreon

Invenergy accused of running misleading ad in Burrillville Bargain Buyer


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Bargain Buyer InvenergyAt Tuesday night’s Energy Facilities Siting Board Meeting (EFSB), with Invenergy‘s Director of Development John Niland in attendance, angry residents accused the company of running a deliberately deceptive ad in the Bargain Buyer regarding the timing and location of the meeting.

“Today, in every mailbox in Burrillville, The Bargain Buyer, which is our Bible in Burrillville, was delivered,” said Raymond Trinque, “Any clear thinking person would see this as a dirty trick by Invenergy.”

The advertisement, (pictured) says the meeting will be held on Thursday night at the Burrillville High School. The meeting was held Tuesday night at the Burrillville Middle School. The date, May 10, is correct. Social media contained reports from people who say that some residents arrived at the High School for the meeting only to go home. Residents worry that others may arrive on Thursday evening for a meeting that’s over.

The remedy for this “bold-faced lie”, said Trinque to the EFSB Board, is to schedule another meeting at Invenergy’s expense.

Stacy Slekis echoed Trinque’s remarks, telling Niland, who remained silent on stage throughout the night, “Very well played on your mis-advertisement. We clearly are smart enough to know that this was not a mistake, but rather a carefully orchestrated tactic and an unethical business practice.”

Niland and Invenergy did not reply to a request for a comment on this.

On Facebook, Kimberly Breault Sheeley, who works for the Bargain Buyer as a graphic designer, wrote, “…the bargain buyer did not typeset that ad… they did the ad themselves …so don’t blame us…”

This isn’t the first time Invenergy has allegedly messed up the process of notifying the public about meetings. Residents pointed to two other times when email invitations to meetings were either not sent to all residents or sent after the date of the meeting has come and gone.

[I will have more on the EFSB hearing later today.]

Patreon

ProJo employees protest corporate greed, shrinking newsroom


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Providence Journal employees publicly rebuked their out-of-state bosses with a noontime demonstration outside of the once-venerable institution’s now increasingly vacant offices and newsroom on Fountain Street.

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“Now that they own us there is no effort to invest in us,” said Journal reporter John Hill, who is the president of the Providence Newspaper Guild, said of Gatehouse Media, a media conglomerate that bought the ProJo two years ago and still has not agreed to a new contract with newsroom and other employees.

More than 100 people marched outside the Journal building during today, Hill said. “It was at lunch hour,” he said, “so people didn’t have to leave work. We’re not trying to disrupt anything. Nobody abandoned their desks.”

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It was the latest in an increasingly public labor rift between the people who produce Rhode Island’s paper of record and the corporation that owns it. “Everything that goes on the website of value is made and put there by our people, and we get squat for that,” Hill said.

ProJo reporters and other staffers have been working without a contract since Gatehouse bought the business from Belo in 2014. Because it was an asset sale, Gatehouse “was able to void pretty much all the contracts, not just the union ones.”

They’ve been in on-going negotiations, but Hill says management is unwilling to bend. “These guys have a track record of being willing to outsource work,” he said.

The demonstration was the latest example of workers in Rhode Island standing up to an increasingly skewed economy that is squeezing more and more middle class people.

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ACLU ‘disappointed’ with Caleb Chafee records request ruling


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acluThe Rhode Island Supreme Court ruled today that Providence Journal reporter Amanda Milkovits “would not be granted access to public records the Rhode Island State Police made concerning an investigation of an underage drinking incident at property owned by then-Governor Lincoln Chafee that involved the governor’s son, Caleb,” reported Bill Thompson at Channel 12.

In response to this ruling, the ACLU of Rhode Island issued the following statement regarding The Providence Journal Company et al. v. The RI Dept. of Public Safety:

The ACLU is very disappointed by the Supreme Court’s ruling in the Caleb Chafee case. We believe it fails to give sufficient weight to the important public interest in monitoring police investigations of high-profile cases.
“In denying the Providence Journal access to any of the requested documents, the Court inexplicably points to the large number of records that were withheld as proof that ‘a thorough investigation was performed.’ But without being able to examine the documents, it is impossible to determine a key fact behind the records request — whether the public outcome of the investigation properly reflects what the undisclosed investigation actually uncovered.

“For decades, the ACLU has strongly supported both the individual’s right to privacy and the public’s right to know. In this instance, we believe the Court tipped the scales the wrong way. Instead, the decision highlights the need for a stronger open records law in order to allow the public more critical oversight of the state’s law enforcement agencies.”

ACLU offers legal representation to Warwick Beacon and Warwick Post against potential lawsuit


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acluAddressing a brazen attempt to chill freedom of speech, the American Civil Liberties Union of Rhode Island today announced it has agreed to provide legal representation to the Warwick Post and the Warwick Beacon, both of which have been threatened with a defamation suit if they write stories about the contents of a public document.

The threat, by the Warwick School Department’s outgoing director of human resources Rosemary Healey, was made in response to the imminent release of a report prepared for the school committee, examining how Healey and other school administrators handled accusations of sexual misconduct made against a junior high school science teacher. The Attorney General recently ruled that the report, with certain information redacted, was a public record.

Even though Healey’s attorney, Jeffrey Sowa, acknowledged that Healey had not “been given the opportunity to substantively review the report,” he called the report “neither fair nor impartial” and “defamatory and malicious” in his letters to the publishers of the Post, a news website, and the Beacon. While further acknowledging that the Attorney General had ruled the document a public record, Sowa wrote that the publishers would “not be insulated from liability” for releasing information about the report, and that they should “cease and desist from publishing any matters relating to” Healey.

ACLU volunteer attorneys Neal McNamara and William Wynne from the law firm of Nixon Peabody have agreed to defend the newspapers if Healey follows through on her threat of legal action. Both papers are prepared to publicize the report, which is expected to be released sometime later today.

Warwick Post publisher and editor Robert Borkowski said today: “I’ve often been threatened with frivolous lawsuits aimed at scaring me away from reporting on public matters and records in 20 years of community journalism. This was the first time it directly threatened a business I owned, though, and it rattled me. But Attorney Sowa, who must surely be aware of First Amendment protections regarding reporting on public officials and documents, sought to bully Mr. Howell and me into walking away from our responsibility to give the parents of Warwick the information they need to assess the deeds of the people they entrust their children to each day. So when I thought about that, I was only rattled a little while.  Fortunately for Warwick parents, Mr. Howell, and me, the ACLU of Rhode Island has agreed to offer us legal representation if Sowa and his client make good on their threat.”

John Howell, publisher of the Warwick Beacon, added: “Ever since the School Committee completed an investigation of how its administrators handled complaints about a teacher drawing phallic symbols on the arm of a junior high school female student last spring, the Warwick Beacon has sought to get a copy of that report. That request was denied by the committee and later by the city after it used its subpoena powers to get the school report. Fortunately, the Attorney General agrees the report is public. Given that ruling and our belief that the citizens of Warwick have the right to know how their school administrators acted, I intend to publish those findings.”

ACLU of RI executive director Steven Brown stated: “A public employee’s threat to sue newspapers for doing their job – informing the public about the contents of a public document on a matter of enormous public interest – attacks the very heart of the freedom of the press.  Over twenty years ago, the General Assembly passed a law to protect people from lawsuits that have a chilling effect on speech. As that statute, known as the anti-SLAPP law, points out, ‘full participation by persons and organizations and robust discussion of issues of public concern … are essential to the democratic process.’ The public document at issue here deserves a full airing, and the First Amendment was designed to allow that airing. We are prepared to vigorously defend the Post and the Beacon from this threatened abuse of the legal process.”

Dear ProJo: Trump’s not the only presidential candidate


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Bernie SandersIn the latest Providence Journal good old Donald Trump was once again front and center. The March 11 editorial by Edward Fitzpatrick has a very one sided perspective of Rhode Island’s presidential campaign. If you follow the Journal you would think that Trump was the only candidate that was going to be on the ballot in this state. There is not the slightest attempt by the Journal to offer fair space to other candidates, including Bernie Sanders.

Bernie Sanders has incredible support in Rhode Island, but one wouldn’t know it from reading the Journal. Has the Journal ever attempted to cover any of the many packed Bernie events throughout the state? Have they covered Sander’s message of justice anywhere near as much as they have covered the billionaire’s message of hate?

The Providence Journal should be more than a soundboard for the company that owns them, Gatehouse Media, and the conservative movement that it supports. Rhode Island is a state whose citizens are fiercely independent and the great majority has had enough with establishment politics and the status quo…

But Trump is not the answer.

The Journal owes it to the people of this state to be cognizant of the fact that Bernie Sanders campaign also is reaching out to people who are tired of  politics as usual. The campaign has attracted not only the millennials, but the disenfranchised: feminists, minorities, moderate Republicans, progressive Democrats, Greens, unaffiliated and many more. Sanders represents all those who are sick and tired of being marginalized while corporate interests take over. It is time that the Journal does its due diligence to make that known to their readers.

During Sunshine Week, ACLU seeks court order for the release of documents a local journalist has sought for years


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acluThe American Civil Liberties Union of Rhode Island has asked a federal court to order the U.S. Drug Enforcement Administration (DEA) to release thousands of pages of documents in support of its Freedom of Information Act (FOIA) lawsuit on behalf of local journalist Philip Eil, who has been stymied for years in his effort to obtain from the DEA evidence disclosed at a major prescription drug-dealing trial. In its motion for summary judgment filed yesterday, the ACLU called for the release of  “the wrongfully withheld documents post haste.”

In a 15-page memo, ACLU volunteer attorneys Neal McNamara and Jessica Jewell, from the law firm of Nixon Peabody, argue that the DEA has wrongfully withheld thousands of pages of evidence shown during the 2011 trial of Dr. Paul Volkman, whom the Department of Justice calls “the largest dispenser of oxycodone in the country from 2003 to 2005” and who is currently serving four consecutive life terms in prison.

Requesting the prompt release of this trial evidence, McNamara and Jewell write, “The government cannot on the one hand hold this case up as an example of how it investigates and prosecutes diversion cases and on the other state that the majority of the evidence used to convict such a defendant is not actually available to the public.  FOIA is meant to prevent such ‘secret law.’ The general public clearly has an interest in knowing how Volkman was investigated and prosecuted.”

In support of the motion, the memo further notes that the federal government itself has uploaded to a publicly accessible judicial records website some of the documents it continues to withhold from Eil.

The ACLU’s legal memo was accompanied by an eight-page affidavit from Eil, in which he describes an array of obstacles he faced while covering the Volkman trial. Before the trial began, Eil says a DEA agent told him he could be charged with witness tampering for conducting interviews with potential witnesses. In 2011, while attending the trial, in Cincinnati, he was subpoenaed for testimony by the lead prosecutor and barred from re-entering the courtroom, though he was never actually called to testify. When he filed his FOIA request with the Department of Justice in February 2012, the agency took more than three years to fully respond, and withheld more than 85 percent of the pages it processed. Many of the pages released were significantly redacted.

“In 2009, when I learned of Volkman’s indictment, I set out to tell the story of a highly-educated man – my father’s former classmate – who became one of the most notorious prescription drug dealers in U.S. history,” Eil states in the affidavit. “As we approach the five-year anniversary of the verdict in that case . . . I am astonished that the vast majority of evidence from his trial remains sealed off to that case’s plaintiff: the American public.”

ACLU of Rhode Island executive director Steven Brown stated: “I am hopeful that the court will put a stop to the DEA’s flippant attitude towards the Freedom of Information Act.  The agency’s siege mentality in trying to wear out Mr. Eil through years of delays amounts to an appalling attack on the public’s right to know.”

The DEA (represented by the office of Rhode Island U.S. Attorney Peter Neronha), has until May 4th to respond to the ACLU’s motion, with rebuttal memos due in June and July. Oral argument will likely be heard before U.S. District Judge John McConnell, Jr. sometime later this year.

These filings take place during Sunshine Week, a week designated to educate the public about the importance of open government, and at a time of heightened criticism of President Barack Obama’s transparency record.  In 2015, the Associated Press reported that the Obama administration had “set a record again for censoring government files or outright denying access to them” in 2014. And, last week the Freedom of the Press Foundation reported that “the Obama administration – the self described ‘most transparent administration ever’ – aggressively lobbied behind the scenes in 2014 to kill modest Freedom of Information Act reform that had virtually unanimous support in Congress.”

Eil is an award-winning freelance journalist who served as the news editor and staff writer at the Providence Phoenix until the paper’s closing in 2014. He has since contributed to VICESalon, the AtlanticRhode Island Monthly, and elsewhere. He has conducted more than 100 interviews, across 19 states, for his book about the Volkman case.

ProJo editor admits paper of record did Bernie wrong


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ProjoProvidence Journal Executive Editor David Butler said Rhode Island’s paper of record could have done a better job covering Bernie Sanders’ primary wins onSaturday.

“I would agree it deserved more and the paper was GOP heavy,” Butler said, responding to a Nicholas Delmenico post alleging the ProJo isn’t offering fair and ample coverage to Democratic presidential candidate Bernie Sanders.

“Though you must admit the GOP race has been much newsier – for better or for worse,” he added.

“Please note that Bernie Sanders’ caucus wins were mentioned in the second paragraph of the A1 Sunday AP roundup on the primaries,” Butler wrote in an email to RI Future. “Note that the lead story in the Monday paper was on the Clinton-Sanders debate.”

Butler, whose full email you can read here, said, “There is no blackout of the Dems.” Delmenico’s post does not allege a blackout of Democrats, but rather of Bernie Sanders.

Sanders supporters have grown more vocal recently about what they see as unfair treatment of their candidate from the so-called “mainstream media” a colloquialism for the large, influential and in most cases for-profit corporations that Americans rely on to become educated about their government.

Delmenico insinuated the Providence Journal has not adequately covered Bernie Sanders because it is owned by a corporation with ties to Wall Street.

Others have said too many media organizations include superdelegate campaign promises when comparing Hillary Clinton and Sanders delegate totals. Superdelegates are party insiders that get a vote in who the presidential nominee is. They are known to change their mind. In fact, they are known to change their mind against Hillary Clinton, who eight years ago held a similar superdelegate advantage over Barack Obama before many switched to support the eventual nominee.

Clinton has won 671 delegates to Sanders’ 476. But, according to the New York Times, Clinton also has 458 superdelegates who have said they will vote for her compared to 22 for Sanders.

The Bernie blackout is real, and it’s happening at the Providence Journal


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2016-02-29 Bernie Sanders 032The media blackout on U.S. Senator Bernie Sanders is real, and it’s happening with our home state newspaper. Please read further for the gruesome details.

On Saturday, March 5, 2016, Bernie Sanders defeated Hillary Clinton in Democratic caucuses by voting margins of 35% in Kansas and 14% in Nebraska. He also lost by a margin of 48% in the Louisiana primary.

In the Providence Sunday Journal, there is not ONE headline mentioning any of these facts nor one article dedicated to the Democratic presidential race. A review of today’s “A” section reveals the following articles related to the 2016 presidential race:

Page A1 (above the fold): “Cruz gains ground – Beats Trump handily in Kansas, Maine”

Page A1 (below the fold): “Trump taps into fears of changing America – A champion to the disgruntled white working class, a ‘monster’ to the GOP elite”

Page A7: “Trump primary win roils Mass. GOP – But Democrats have left their party, too, to back the maverick Republican”

Page A8: “Clinton backers pursue ‘gender gap'” – an article that discusses the gender gap in Trump’s supporters and how a Trump/Clinton general election could feature the largest gender gap ever in a presidential election, again pushing the narrative that Trump and Clinton will be the nominees.

Page A9: “GOP points to Obama tenure as cause of party’s schism” with the featured quote “There would be no Donald Trump without Barack Obama.” – Sen. Lindsey Graham, R-S.C.

Page A9: “5 states will shape 2016 race on weekend” – it mentions that “both parties had contests in Kansas and Louisiana … and Democrats in Nebraska also vote” but made no mention of the results. In fact, the article also mentions that these states “possess the power to make Hillary Clinton and Donald Trump closer to unstoppable.” The bias here is frightening, and this is from an AP article. The article also gives the “delegate count” for the Democrats without noting that the count includes as of yet unofficial counts of superdelegates, another misleading tactic.

And in the “Commentary” section…

Page A13: “Clinton backers split on Trump strategy” – you guessed it, an op-ed on how Hillary should take on Trump in the general election.

Page A13: “Republican ‘takers’ take down the establishment” – a GOP-focused op-ed

Page A14: “Romney’s warning” – an editorial from the Providence Journal Editorial Board, again focused on the GOP and coming out against Trump.

Page A14: “Letters to the Editor” – even the ones included here are anti-abortion, about Ben Carson, and about John Kasich.

To top it all off, on the Providence Journal’s Facebook page, they posted, on March 6 at 9:10 am, an AP article whose headline insinuates that both Cruz and Sanders’ wins yesterday were meaningless.

What is going on here?

I will be calling the Providence Journal to complain about the lack of coverage of the Democratic nomination process. I will ask two questions:

  1. Why were the Democratic results not given any consideration?
  2. Will the Journal commit to giving equal consideration to the Democratic and Republican races, and give equal consideration to the only two Democrats in the race?

I will also email David J. Butler, the Executive Editor & Senior VP of News for The Providence Journal directly as his email is listed on page A2: dbutler@providencejournal.com.

As I do not expect to get satisfactory answers to my questions, I am left to do what you must always do when something doesn’t pass the sniff test: follow the money.

The Providence Journal is “a subsidiary of GateHouse Media, Inc.” according to page A2. According to Wikipedia, GateHouse Media (which went through a planned bankruptcy and is now part of the holding company New Media Investment Group Inc) is owned by Fortress Investment Group. Also according to Wikipedia, Fortress “was founded as a private equity firm in 1998 by Wesley R. Edens, a former partner at BlackRock Financial Management, Inc.; Rob Kauffman (businessman), a managing director of UBS; and Randal A. Nardone, also a managing director of UBS. Fortress quickly expanded into hedge funds, real estate-related investments and debt securities, run by Michael Novogratz and Pete Briger, both former partners at Goldman Sachs.”

Big surprise.

Please, contact the Journal and put pressure on them to do right by the people it serves and give equal consideration to the presidential races and publish articles and op-eds from all points of view, not just those that match their owners’ views.

Please call the Journal. Please email. Please share this post. Please do anything so that the corrupt influence of “big media” does not infiltrate the biggest paper in our little state.

(Editor’s note: This was originally a Facebook post)

Prison Op/Ed Project: Time to change what we consider ‘newsworthy’


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The ACI

The ACIJust about every broadcast television station has a reporter speak during a commercial break about a highlighted event to be featured on the scheduled news time slot “coming up.” By vast majority, it will contain something that involves a natural disaster, a fire, a car accident, terrorism, a murder, or a weather event.

Why is it that we are so interested and captivated with these types of stories? Why do peoples’ social interactions change while experiencing a tragedy?

In 1978 I was 10 and living in Woonsocket during the great blizzard. The February storm dumped 58 inches of snow at my house, crippling the area. Days later, stories evolved, including my own positive experiences.

Neighbors came out of their homes. People spoke, some for the first time, while living next to each other for years. Everybody was helping each other to dig out of the snow. The world had almost stopped revolving for a short time. People were almost taking on an altered personality.

But the media coverage was more interested in how many people died resulting from it, how much businesses lost, and the damages caused by the storm.

Many things get completely discarded as not “newsworthy.” What about all of the many friendships that were formed? What about the people who saved others by rescuing them, or taking food or water to people who were unable to get it?

Worldwide disasters mirror this story. In Hurricane Katrina, there were endless images of the major flooding in the New Orleans area. All about the levees that failed, the looting, and the fires set by rioting thugs in the area. But, alas, after the storm event was over, the many news crews moved on to the next “newsworthy” story that they could report on to keep their ratings up, and to keep talking head reporters speaking.

It really isn’t surprising to believe that the world is going to hell in a hand basket. Modern society is completely fascinated by death, disasters, and violence, and is becoming very desensitized to the way these things become part of daily life. Is there any correlation of anxiety and exponential use of pharmaceutical drugs for depression and anxiety? I believe this relationship is worth examining.

Not surprisingly, it took weeks for the press and news crews to return to New Orleans to cover the slow arrival of US FEMA there. This a primarily black, lower income population area. However, if the population were more of a white middle class, would the response have been much faster? I believe it would have.

In any type of natural or man-made disaster, there are many unsung, unidentified Clark Kents, Mother Teresas or Bruce Waynes that are never seen nor acknowledged (other than by God, who sees and knows our hearts and actions).

Among all the negativity and outward appearance of the world, there are still many good people left out there. It’s time for a change. Instead of giving people who do such heinous acts such as killing over 30 children in a CT school, or setting off bombs at the Boston Marathon for their 15 seconds of fame, let’s end it. The people should not be named, nor shown in pictures. Maybe there would be fewer incidents or this type of attack on innocent people. Modern society is to blame for this. Enough is enough—it’s time to stop the exposure, end the madness, and change the direction and process of reporting the news in all its forms.

Maybe, just maybe, people would be more helpful, more friendly, and more optimistic about people and our society as a whole. It is time to focus more on the victims than the perpetrators.


This post is published as part of the Prison Op/Ed Project, an occasional series authored by CCRI sociology students who are incarcerated at the Rhode Island Adult Correctional Institute. Read more here:

Satellites and thermometers: Ed Achorn on truth, science and reason


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SatelliteIt’s bad enough that Providence Journal editor Ed Achorn regularly runs op/eds from climate change deniers but its worse that he responds to those who question his decision to do so by accusing them of having a “totalitarian mindset” and of believing that “issues of vast public importance should not be debated.”

Achorn made his comment to me on Facebook, after I wrote that “publishing anti-climate change op-eds from conservative disinformation groups” is “completely irresponsible ‘journalism.’” I was referring to Herbert E. Stevens’ piece “Fuzzy data on warming”  in which the meteorologist claimed that readings from surface thermometers that show the Earth is warming are less accurate than satellite readings of temperature that, Stevens claims, show “much less warming… than the surface data — and show no net warming of the planet over the past 18 years and 8 months.”

The piece seems innocuous enough, until you realize that it’s a piece in defense of Ted Cruz, Republican nominee for President, who repeatedly claims that there has been “no significant warming whatsoever for the last 18 years.”

As Chris Mooney ably demonstrates in his Washington Post piece, Cruz is seriously misleading the public when he makes these claims. He’s taking a minor (if interesting) debate about the accuracy of surface thermometers versus satellites when taking global temperature readings and using it as a way of calling into question the very existence of human caused climate change, which is not a seriously debated issue at all.

Nowhere in the op/ed does Stevens mention Cruz. He writes as if he is simply covering an interesting meteorological topic, apropos of nothing. But Stevens ideological bent is revealed when he includes obvious falsehoods, such as when he says, “Back in the early 1990s NASA recommended that satellite measurements be used as the preferred method of measurement because it was the most accurate method.”

The truth is that “Roy Spencer and John Christy, two satellite experts affiliated with NASA and the University of Alabama in Huntsville, argued in the prominent journal Science that satellite measurements are able to deliver “more precise atmospheric temperature information than that obtained from the relatively sparse distribution of thermometers over the earth’s surface.”

Two university experts “affiliated with” NASA is a far cry from an official NASA statement. But it gets worse. One of those experts, John Christy, is known as a climate “skeptic” and he’s one of the key people that Cruz seems to be depending on for his climate denial position, a position that Stevens seems happy to echo in the pages of the ProJo, without proper attribution.

The idea that satellites are more or less accurate than surface thermometers is not settled science, and that debate is interesting, but that’s not the context in which Stevens frames his article. Stevens wants us to believe that satellite data is more accurate and that this more accurate data somehow contradicts the idea that the Earth is warming. Therein lies his second falsehood.

Stevens claims that the data shows that there has been “no net warming of the planet over the past 18 years and 8 months,” ignoring the fact that we have satellite data going back to 1979, not just 1998.  As Mooney points out in his piece debunking Cruz, 18 years gives us a starting point during the “very warm El Niño event of 1997/1998.” Starting in 1998 shows little to no warming, because our starting point is artificially higher due to El Niño. If we start in 1979, however, even the satellites show a warming trend that can only be caused by humans using fossil fuels.

Stevens has committed a serious scientific fallacy called cherry picking that even a climate skeptic like John Christy has disavowed. Stevens is only looking at the evidence that bolsters his claim, not the evidence that runs counter to what he’s trying to prove. That’s dishonest.

In response to Achorn telling me that I have a “Totalitarian mindset” I said, “Following the science, rather than the vested opinions of think tanks and cranks, is not totalitarian. Using that word [Totalitarian] against critics to silence them is.”

Instead of acknowledging my point, Achorn doubled down saying, “I strongly believe that discussion of major matters of public interest is healthy. I strongly oppose the totalitarian mindset that those who disagree with me must be silenced.”

Is disinformation masquerading as science contributing to the healthy “discussion of major matters of public interest,” as Achorn seems to be claiming? Is it “totalitarian” to demand something akin to the truth and honesty – even in a ProJo op/ed?

I wish I had taken the time to compose a better response to Achorn, but Facebook is a place of quick writing and off the cuff thoughts. Achorn graciously allowed me the last word, not responding to me when I wrote:

“Though as an editor, you choose all the time who to print and [who] to silence, by not printing their opinions. One of the qualifying rationales for accepting a[n op/ed] piece must be truth, as informed by reason and science. If not, what are you basing the decisions on? There are disagreements in the community of climate scientists, but these are not the subjects you traditionally cover. Instead, you print pieces by deniers following the same playbook as the tobacco lobby followed in the 50s, 60s and 70s. This does nothing to further the discourse, but instead hinders and reduces it.”

Patreon


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