House Finance hears moving testimony on no-fare bus passes


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Free Bus PassesHouse Finance heard moving testimony from elderly and disabled Rhode Island Public Transit Authority (RIPTA) passengers about the economic burden placed upon them with the proposed abolition of free fares. Representative Scott Slater introduced a bill, H 7937, that would remove RIPTA’s bus “fare adjustments” and restore the free rider program.

About eighteen people spoke out in favor of the free rider program, noting that it is one of our state’s most needed and useful social welfare programs. As is usual when the government targets vulnerable populations for cuts in services or increased taxes, people begin to suffer as soon as the new proposals are suggested. The stress of having to fight for something so basic and essential to human dignity as the right to travel is an unnecessary cruelty inflicted by an uncaring government.

Many also spoke out about the failure of Logisticare, a private contractor employed by the state to get Medicaid recipients to their doctors. I’ll be preparing a post on that over the weekend.

“It’s financially impossible for me to be able to take a bus. You might say it’s only fifty cents, but I take the bus like seven or eight times a day. So fifty cents becomes two, three, four bucks a day… I just don’t have the money. I live off the government.”

“I only live on Social Security. I don’t get a pension from where I worked. I retired. I don’t have a husband for financial support… This is another bill to pay, and you don’t get a lot from Social Security.”

“Our seniors today are more active than ever, as you can see. We have people here that are volunteering, making a difference in kid’s lives, helping with raising their grandchildren, going to after school programs because parents have to work… think about your own family, and ask if your grandmothers and grandparents should have to pay to go to a grocery store, or a pharmacy or a doctor.”

“I live on a fixed income. I live alone. I have to go to the doctor’s for COPD, hypertension, cancer… I cannot afford it. To pay fifty cents even, I would just lose my life…”

“About seven thousand low-income seniors use these passes. They use them for many things. The only thing that Medicaid covers is trips to licensed medical providers. It doesn’t cover non-medical support groups like AA, other social services, food shopping, food pantries, employment, education, religious, family and social activities…

“RIPTA estimates that 60 percent of the people would pay the fifty cents. Applying that to the numbers, 7000 disabled people and 2800 seniors would not be able to afford [the bus]. This is RIPTA’s estimate.”

“It also affects our homeless population… If the folks who need to travel to and from shelters do not have the money to do so, they may be put in the position to panhandle to get this fare… they may be put in the serious position where they may have to sleep outside…”

“I have to go places seven days a week… We need to vote no fare on this bus pass.”

We know how many [homeless people], who have limited or no income, rely on the us pass program… to have their basic needs met. To get to shelter, to go to meal sites, to access clothing distribution and to recovery meetings like NA and AA. Our constituents also use the no-fare pass as a means to obtain housing and exit homelessness…”

“The vast majority of riders who pay two dollars support the no-fare bus pass… Riders really do support this program.”

“It’s very important that we don’t hit the most vulnerable population to fill a budget deficit.”

“The reason I’m here today is because I could get here for free. You’re going to shut up a lot of people by taking away their free bus ride because they’re not going to show up for these hearings. They won’t be able to make it to any of the support groups they are now attending.I won’t be able to get to church, I won’t be able to make it to RIPTA Riders…”

“People’s lives will become desperate if they have to pay fifty cents a ride…”

“The people who oppose free bus passes… have a lot of wrong information…”

“The impact is going to be devastating… If we charge people fifty cents they can’t get to the food pantry… Another woman called me and said ‘I don’t know what I’m going to do. I won’t get out of my apartment, I’m going to get depressed, and I can’t afford to shop in my own neighborhood.”

“The fifty cents can be a problem…”

“It’s harder for me to express why this would be devastating to me. I don’t volunteer. I keep thinking I would like to volunteer, and I seem to be overwhelmed by things I have to do or want to do and can’t seem to get to… I take buses sometimes just to be able to get places and see people. Circumstances in my life force me to be somewhat of a recluse. That’s why I’m saying there are subtleties here I’m not sure how to express…”

“I don’t think it’s right. I don’t know how many people on SSI, making $766 a month. Those people shouldn’t be getting charged at all. And I do believe in that…”

“I can’t believe some of the heartless things people say about this. They say, ‘Why should Rhode Island do this? Rhode Island is an outlier.’ We don’t have to be ashamed of who we are in Rhode Island. We don’t have to be ashamed that we’re more generous tan other states because we’re doing the right thing…”

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Conservation Law Foundation sues ExxonMobil


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Photo 1Conservation Law Foundation (CLF) announced at a press conference today that it has served formal notice of a lawsuit against ExxonMobil for its decades-long campaign to discredit climate change and knowingly endanger people and communities. An exposé last September by InsideClimate News revealed that ExxonMobil has engaged in a deliberate cover-up of sound climate science for more than thirty years, prompting CLF to launch its own investigation. CLF’s work revealed that the corporation’s deceit spilled onto New England soil and is subjecting local communities to undisclosed and potentially catastrophic risks in violation of both the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA).

“ExxonMobil’s strategy of publicly denying the very risks its scientists have known for decades has direct impact on Greater Boston communities,” said CLF President Brad Campbell. “ExxonMobil knowingly and unlawfully misled regulators about whether its Everett facility can withstand rising seas, more intense precipitation, and other climate impacts without spewing oil and other toxic pollutants into adjoining neighborhoods, the Mystic River, and the Boston Harbor. Today’s lawsuit – the first of its kind – aims to hold ExxonMobil accountable for decades of dishonesty and require that the Everett facility meet the legal standards for climate-readiness.”

At today’s press conference on the shores of the Mystic River, Campbell stood with numerous local leaders and activists in declaring that ExxonMobil’s irresponsible and illegal actions would no longer be allowed to go unanswered.

Photo 3Roseann Bongiovanni, Chelsea Green Space environmental justice advocate, commented, “I’ve lived in Chelsea my entire life, and for all that time there’s been imbalance between community members who desperately want waterfront access and the industries that dominate the water’s edge. A decade ago, ExxonMobil spilled thousands of gallons of oil into our river and denied its wrongdoing for months until confronted and forced to pay by the Department of Justice. Today, we have a greater understanding of the full extent of ExxonMobil’s climate denial and we have another opportunity to show the world that we won’t stand for it.”

In March of this year, Massachusetts Attorney General Maura Healey joined a coalition of 17 attorneys general seeking to hold fossil fuel companies accountable for campaigns to deceive customers, shareholders, and the public about climate risk. While CLF is the first organization officially to begin a civil lawsuit against ExxonMobil for this deceit, many other legal actions are likely to follow.

EkOngKar Singh (EK) Khalsa, President of the Mystic River Watershed Association, added, “The Mystic is one of our state’s great treasures, where hundreds of thousands of fish spawn, wildlife seek refuge and eagles fly overhead. Unfortunately, we continuously battle against a history of industrial contamination. It is time for ExxonMobil to step up to the plate and take responsibility for the ongoing harm it is causing our river and our community.”

CLF’s trial team for the case will include nationally renowned attorney Allan Kanner of the Louisiana-based Kanner & Whitely, whose firm has represented states and other plaintiffs in landmark cases against major oil companies, including claims arising from BP’s Deepwater Horizon spill.

Campbell added, “A generation ago, the nation was appalled by the indifference to public safety and the environment that resulted in a drunk ship captain grounding the Exxon Valdez on Alaska’s Bligh Reef, spilling millions of gallons of crude oil into the Prince William Sound. Today in Everett, we must hold ExxonMobil accountable once again for its indifference to the public in the face of potential catastrophe.”

An interview with Roseann Bongiovanni, Chelsea Green Space environmental justice advocate, about a previous oil spill by ExxonMobil in the Mystic, the corporation’s denial of any wrongdoing, and the enormous cost to the Chelsea community and economy.

Another interview with Roseann Bongiovanni speaking about the respiratory problems and other serious health issues caused by air quality levels that far exceed the EPA’s standards for safety.

An interview with EkOngKar Singh (EK) Khalsa, President of the Mystic River Watershed Association, talking about the importance of the Mystic River to the local communities and the neighborhood impacts from continued pollution.

This video from 2007 shows polluted water flowing from a large pipe into the Island End River after a rain event. ExxonMobil discharges polluted water through this pipe every day of the year— up to 280 gallons per minute during dry weather and much more during rain events. The pollutants ExxonMobil is discharging are extremely hazardous, and ExxonMobil’s discharges often grossly exceed the waste limits set out in its discharge permit. The Island End River is water quality impaired, as is the Mystic River into which it flows, and ExxonMobil is contributing to those impairments by discharging toxic pollutants on a daily basis.

RI Sierra Club stands with striking Verizon Workers


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2016-04-13 Verizon 001The Sierra Club’s ally the Communications Workers of America (CWA) is currently on strike against Verizon and Verizon Wireless (Verizon) in 9 northeast and mid-Atlantic states, including Rhode Island, after contract negotiations broke down. (The other states are MA, NY, NJ, PA, MD, DE, DC and VA). CWA members have been critical allies to the Sierra Club on issues ranging from democracy to trade to climate disruption. Now it is our turn to stand up for them.

While Verizon employees are struggling for fair jobs, communities from Baltimore to Appalachia are struggling to transition to the 21st-century clean energy economy without access to high-speed internet due to Verizon’s neglect. This denial of access to an essential tool of the 21st century economy is a prime example of the links between environmental and economic injustice.

Verizon has been raking in billions of dollars of profits every year, yet they are still trying to outsource good union jobs, transfer technicians away from their homes for months at a time, take away employees’ health benefits and avoid paying federal income tax. At the same time, they are still refusing to expand their FiOS high-speed internet to low-income and communities of color, despite getting tax breaks and subsidies to do so. To make matters worse, Verizon is refusing to sit down and negotiate a fair contract with its employees.

In negotiations over their union contract, Verizon employees are coming together to fight the outsourcing of their union jobs and to make sure that everyone has access to quality service. If Verizon employees lose this round of contract negotiations, other companies will see that they too can get away with shoddy service, offshoring jobs, contracting out work, and poor treatment of their employees.

We must ensure that our friends and neighbors have jobs that sustain their families and bolsters the economy in Rhode Island. For good jobs and a just transition, Sierra Club stands in solidarity with Verizon workers.

[From a press release]

North Kingstown agrees to settle suit and allow public comment at council meetings


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aclu logoOne week after the American Civil Liberties Union of Rhode Island filed a lawsuit against the North Kingstown Town Council for violating a Town Charter provision that gives members of the public “a reasonable opportunity to be heard” at Council meetings, the Town has agreed to entry of a court order reversing its position. The successful lawsuit, filed in Washington County Superior Court by ACLU volunteer attorney H. Jefferson Melish, was on behalf of North Kingstown resident and past Town Council candidate Richard Welch.

Welch attended a Town Council meeting on December 10, 2015 and attempted to speak at the meeting. However, Town Council President Kerry McKay refused to let him do so. Although the Town Charter gives the public an explicit right to be heard at Council meetings, Town officials took the position that it applies only to regularly scheduled meetings, not “special” Town Council meetings. The December “special” meeting included 13 varied items on the agenda that covered such matters as license renewals, appointments to a job search panel, adoption of budget policies, and a New Year’s Eve policy for liquor establishments.

Under the consent order filed in court today, the Town has acknowledged that Welch was “not given a reasonable opportunity to be heard” at the December meeting, and that the Town “will hereinafter permit ‘Public Comment’ at all future public meetings.”

ACLU attorney Melish said today: “I would like to thank the Town Council for its quick response to this lawsuit to ensure that the Town Charter is followed and the public has the continuing right to participate.” ACLU of RI executive director Steven Brown added: “It is unfortunate that a suit like this had to be filed in the first place, but it demonstrates both the need for vigilance by residents to protect their rights and the ability that one person can have to vindicate the civil liberties interests of all.”

Our right to a healthy workplace


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Workplace BullyingThe following is testimony given before the Senate Labor committee on S2377, the Healthy Workplace Bill.

I wish there were no need to convince anyone that we should all have the chance to work in Healthy Workplaces. It sounds like a no brainer. Of course there should be healthy workplaces. Why do I think there is a need to talk about having them? Don’t we already have them?

We are being ever more productive and successful in our businesses, aren’t we, when many CEO’s are earning billion dollar salaries?

Oh I must be talking about businesses and companies different from that.

Actually, no. In every kind of business, every kind of employee, male, female, of all races and income levels can almost expect at some point to be harassed, humiliated, isolated, mobbed (when coworkers side with the bully against the target), gas lighted (pressured to think that they are no longer competent), have their work sabotaged, have lies told about them, have black marks falsely made against their records, be screamed at and excoriated in public or behind closed doors with great regularity followed by being wrongfully terminated.

After such vicious attacks, people are having and often dying of heart attacks, strokes and even committing suicide. There is no quality of life in our workplaces where these toxic conditions exist despite the corporate slogans to achieve, be the best you can be, do more-better- faster.

There is great denial about this happening and there is great misunderstanding about why.

A lot of people think that bosses need to be tough on employees; that employees are by and large lazy and unmotivated, but this simply is not true. In any case, treating people with ever increasing cruelty does nothing for their productivity and therefore the productivity of any business.

The problem as I see it is that money has become our sole indicator of success along with a top down approach to management. Management likes to promote middle managers who will do what they are told but aren’t necessarily the most competent in the actual field of expertise they are managing.

I believe that when those types of middle managers, or others, see productive people around them but they see their job is solely to control others for the top managers, they can feel incompetent and lash out at their underlings – often in staggering displays of violence – either psychological or actual physical onslaughts which can last years. Extreme bullying can take place as the “control message” is passed from upper management down. For example, I and many others witnessed my manager’s boss scream at my manager full blast for 20 minutes in the open. She and everyone around her were out sick the next day. I felt sick hearing the onslaught.

Both targets of bullying and the perpetrators are terrified of losing their jobs so the bullies attack harder and the targets absorb the abuse, initially too terrified to do much of anything in their attempt to survive.

Families, partners and spouses often measure their successes in money as well, often not wanting to notice the ill health of the person making the money, the stress, nervousness, fear at revealing the problem then cut off if they say anything about being bullied at work. The shame.

It also boggles my mind that so much vicious negative energy is expended to indulge in bullying or what I often call “kick the dog” behavior: “I don’t feel that great but making you cringe might help.”

How could that energy be used, instead, to encourage others toward higher objectives, be actually productive, creative or active in the development of the goals of the manager themselves, their employees and the company? I often wondered what my manager had in mind by attacking me daily with literally hundreds of emails and instant messages per day which delayed getting the clients what they expected.

I personally know of two men here in Rhode Island who died of heart attacks following being bullied out of their jobs before retirement. I witnessed many people who were pillars of Quest Diagnostics in Cambridge get bullied from their jobs just before retirement.  Their fear at being rehired at their age must have been staggering along with the damage they sustained from being in such a hostile work environment for years. Not only that, the spouses of the Rhode Islanders and even family members were unwittingly no help to them as they feared THEIR livelihood threatened by the possible loss of their husband’s job – “Oh stick with it, dear. EVERYONE has a tough boss.” Imagine the pressure – both at home and at work. Compounded. Isolated.

On the other hand, if the spouse, partner or family member IS supportive, then they are volunteering for the extreme roller coaster of the bully’s whims and how it affects the target. Is he or she going to be not so abusive today or will we have to plan to have the target go out on medical leave because of how the inevitable illness of being so harassed presents itself?

Workplace Bullying is an extreme abuse of power and must be stopped – literally –  before more people die.

There was a Vietnam Vet named Ernie LaVoie who worked at the Oxford Public works in Massachusetts. I am told he always had a kind word for everyone. He was routinely harassed for years by his coworkers and managers. Often the nicest people are harassed because they pose no threat. He asked to use a particular piece of equipment in his work, was denied and as an indication he had had it with all the long term abuse, he hung himself on that piece of equipment. He was not weak, disturbed or crazy – the bullies fit those categories. I tell his story to honor Ernie, his friends, coworkers who witnessed and reported his distress and his family.

I lost a dear friend on April 14th in Wisconsin, Cheryll Nelson, who founded a healing group for targets of bullying on Facebook – her own family and husband did not believe she was going thru what she was experiencing. She could not keep up with the demands of two jobs rolled into one at the school where she was the speech therapist and Medicaid biller – not how her job was presented to her originally. She lost track of her health in her attempt to keep up with her work and died after her heart stopped while in a medically induced coma for her out of control pneumonia. She wrote a letter to her manager that she never sent but we in the group got it. Once she died one of our members sent it to the bully. At Cheryll’s funeral, the bully accosted her family who then attacked all of us verbally.

I know personally a man at my church here in Rhode Island who, along with many other teachers at the same school, was taken from his job on a stretcher.

Of course, I need not tell anyone that this should not be happening. What I AM asking is for you to help me and help all of us stop this inhumane activity by giving legal recourse to targets of bullying as presented in S2377 the Healthy Workplace Bill.

If this is what it takes to motivate employers to start treating employees like the valuable producers of the very goods and services that make the company, healthcare organization or business successful, then this is what we must do.

Our conscience, people’s lives and the health of our country demand it.

Safer Rhodes Coalition visits Mattiello’s parish advocating for driver’s licenses


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Community members advocating for H7610. Photo by Chris Coughlin.

On Sunday, just days after celebrating Rhode Island’s independence, community members, students and undocumented workers part of the Coalition for Safer Rhodes went to the Mother’s Day service at Speaker Nicholas Mattiello’s Immaculate Conception Parish to reiterate the support of Bishop Tobin regarding House Bill 7610. The legislation would allow undocumented workers to obtain a limited driver’s license.

“Our Holy Father reminds us that he himself is the son of a immigrant family, and he has urged American’s to welcome immigrants into our midst.” –Bishop Tobin

Undocumented labor, faith and the student community called on parishioners of the parish and Speaker Mattiello to recognize the need for limited licenses for the undocumented community, and the need for the General Assembly to pass H7610. Flowers were delivered to all parishioners who are mothers as a sign of solidarity among every Rhode Island family, and as a wish that every family live in security and freedom.

From an RI Jobs with Justice press release

Raimondo agrees to meet with Burrillville residents about power plant


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2016-05-09 Raimondo in Warwick 007Governor Gina Raimondo agreed to meet with Burrillville residents about the proposed Invenergy power plant Monday evening after Kathy Martley, a Burrillville resident and founder of BASE (Burrillville Against Spectra Expansion) invited her. Raimondo was in Warwick, at the Veterans Memorial High School, as part of her “series of community conversations” around issues of job training. As the question and answer period began, Martley rose to give the Governor a flower and a card and invite her to Burrillville to discuss the power plant.

“We have a lot of worries about it,” said Martley.

Raimondo took Martley’s card and said, “Yes. I will do it… if you will host me at a community meeting in Burrillville I’d be very happy to do it.”

Raimondo has been an unwavering supporter of the fracked gas and diesel oil burning power plant since the plan was announced back in August of last year.

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Rep Shekarchi

Before the event started, outside the entrance to the school, members of BASE approached Representative Joseph Shekarchi, who doesn’t think the RI House will be voting on the plant, but said he is very close to Burrillville Representative Cale Keable and that he would support Keable’s opposition to the plant. Keable, along with Burrillville State Senator Paul Fogarty, wrote a strong letter to the Energy Facilities Siting Board (EFSB) in opposition to the plant. The EFSB has the ability to approve or reject Invenergy’s application.

In a Facebook post Keable wrote:

I have been exploring legislative possibilities with the State House legal staff. As the application has already been submitted, there are significant legal hurdles to simply “stopping” the plant. There is no doubt we could seek to change the law for future applications. We will continue to explore all possibilities. Legislation will be introduced shortly and there will be a public hearing scheduled at the State House. We are looking at requesting this hearing on the same day as a planned rally at the State House designed to let the Governor hear our voices. More on that as soon as I know.

On Tuesday, May 10 the EFSB will be holding the second half of its first public commentary hearing, starting from 6:00 PM to 10:00 PM in the Burrillville Middle School Auditorium, 2200 Broncos Highway, Harrisville.

On Wednesday, May 11 the Burrillville Town Council will have its regular meeting at 7:00 PM in the Town Council Chambers, 105 Harrisville Main St., Harrisville. It is unclear whether any of the business or public comment will concern the proposed power plant.

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Rhode Island’s economy needs a workers’ agenda


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This is a really important video.

The Economic Progress Institute‘s Douglas Hall does four things in the video below. First he gives us a basic, overall big picture economic context, then he “drills down further” into the economy of Rhode Island. Then we’ll see, in big pieces, what a “workers’ agenda” might look like before finally recapping some of the good things done in our state towards advancing a workers’ agenda.

Hall gave the talk as an introduction to The State of Working Rhode Island: Workers of Color, that “highlights the many challenges facing Rhode Island workers, showing the many areas where workers of color fare less well than others.” For more info see here.

Douglas Hall, Ph.D, is the Director of Economic and Fiscal Policy at the Economic Progress Institute. The video was prepared from the talk Hall gave at the 8th Annual Policy and Budget Conference on April 26, 2016, and the Powerpoint slides he prepared.

Rhode Island's economy needs a workers' agenda

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Privatizing our water neither responsible nor just


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Providence City HallLast week Providence Mayor Jorge Elorza, based on recommendations from the National Resources Network, explored the idea of selling the water supply board as a way to remedy the city’s financial woes. While I am sympathetic to the challenge of meeting the Providence’s financial obligations, I believe that privatizing water is a dangerous option and should be abandoned immediately. Water is a public good and a human right, and does not belong in the hands of private companies.

We need look no further than the recent disaster in Flint, Michigan, for examples of how private involvement with a public good can be perilous. The Flint story, at the outset, sounds a lot like Providence’s—a broke city government, needing desperately to save money, ended its contract with the Detroit Water and Sewage Department and changed its water source. Nearly a year before the news broke of the widespread lead poisoning, the world’s largest water corporation, Veolia, had judged the water safe. The city of Flint had hired Veolia to evaluate water quality, and Veolia’s report didn’t mention the lead that made thousands ill. Veolia is a company—its first concern is making money, not public health. Those who paid the price were the residents, particularly the children.

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Elorza

Or there was the case of Cochabamba, Bolivia. Between 1999 and 2000, tens of thousands of protestors took to the streets in response to at attempt to privatize the municipal water company. The so-called “Water Wars” put Cochabamba on the map, because the local government sold its values short in trying to make a buck off of the most basic human need. (The citizens prevailed, by the way, after five months of clashes with the police. Privatization was reversed).

Flint and Cochabamba are two examples, but there are many reasons to be skeptical of privatization. On average, privately owned water systems charge 59% more than publicly owned systems. This amounts to a difference of $185 in water costs per year, which can represent a substantial percent of someone’s income, especially if that person is in a lower income bracket.

More broadly, to privatize a public resource relinquishes control over a vital public good. To privatize would limit public accountability—corporations are accountable to their stockholders above all, not to the citizens of Providence. And it follows that the objectives of a profit making water company can, at times, conflict with the public interest. Do we really want to put ourselves in this type of situation?

Six years ago, the UN General Assembly declared that access to clean drinking water was a human right. As climate change makes accessing fresh water progressively more difficult, we will have to be particularly thoughtful about how we manage one of our most precious resources. Privatization is neither responsible nor just.

Student activists urge House Finance Committee to pass tuition equity


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Addiqa Saleem, a student at CCRI

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Rep. Grace Diaz’s Tuition Equity bill was heard in the House Finance Committee meeting Thursday evening, with several student activists giving powerful testimony in support of the legislation. House Bill 7374 would codify existing policy that grants in-state tuition rates at Rhode Island’s public colleges and universities to undocumented students who have graduated from the state’s public high schools.

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Rep. Grace Diaz testifying on her own bill, H7374

Rep. Diaz has introduced this legislation for over 11 years, and now, 20 other states have adopted similar policies, although only 16 have codified such in law. Diaz noted that she “was surprised to see many states that also provided tuition assistance to some students”, which her bill nor Rhode Island policy currently provides. She concluded by stating: “Regardless of immigration [policy], I believe every student needs to have access to higher education”

Even though Diaz’s bill is currently a policy that Rhode Island’s public institutions follow, she wishes to codify it as she is “afraid at some point we might have a governor who will get rid of the [existing] policy”

Rhode Island Kids Count also came out in support of the bill, stating that it is time to codify this legislation in law, as we have had a chance to see how it has been implemented. 

Rodrigo Pimentel, Secretary of the Rhode Island Progressive Democrats
Rodrigo Pimentel, Secretary of the Rhode Island Progressive Democrats

Rodrigo Pimentel, representing Jobs with Justice, railed against the oft-used reasoning of immigration opponents: “the law is the law”. Here’s what they had to say about it:

“When we look back upon history, we see different groups that were marginalized and scapegoated for our nation’s problems. The oppressors will appeal to the law, often stating that “the law is the law” — they will hold the law as sacrosanct, as many have unfortunately done throughout our past.”

Pimentel said that “during slavery, run-away slaves would break the law by attempting to illegally cross the Mason-Dixon line, and the Quakers and abolitionists also knowingly violated the law by helping them. And it was the white slave owners that made it against the law to help runaway slaves.”

They also alluded to Donald Trump’s demagoguery, stating: “Today, we have a demagogue who comes along and says, “I know what the causes of your problems are”, it’s the immigrants, it’s the muslims, but it wasn’t so long ago when it was the uppity women who were trying to take jobs away from men, or blacks who were trying to take jobs away from whites. That’s what demagoguery is about. It is to dehumanize, disenfranchise, and discriminate, all to obfuscate the real problems facing our society.

Pimentel concluded their testimony by urging the Committee to “[reject] political expediency and [be] on the right side of history. By doing such, the committee will show that human dignity is sacrosanct, not blind appeals to the law.”

William Perry, member of Rhode Islanders for Immigration Law Enforcement.
William Perry, member of Rhode Islanders for Immigration Law Enforcement.

Predictably, and embarrassingly, Terry Gorman and William Perry, of RIILE, resorted to appealing to what Pimentel had just spent their entire testimony dismantling: “the law is the law”. Perry stated how the current policy would is “aiding and abiding illegal immigration”, arguing that it is a violation of federal immigration law.

Addiqa Saleem, a student at the Community College of Rhode Island, supported the legislation. Even though she is not undocumented, she testified about her own experience on trying to qualify for in-state tuition as a legal immigrant in the State of Rhode Island.

Sabine Adrian, a Providence Student Union organizer, also came out in support of the legislation, reading written testimony of an undocumented student who could not have been present at the hearing.

Yaruska Ordinola, a senior at the University of Rhode Island
Yaruska Ordinola, a senior at the University of Rhode Island

Yaruska Ordinola, a senior at the University of Rhode Island testified in support. She eloquently stated that “by supporting this bill, you’re giving students like me the voice to pursue their education, students like me who call Rhode Island their home. We’re asking for a possibility, to pursue an education, and make our futures a reality”

For the full testimony, including other student activists and community members who testified on the legislation, see the video below:

 

 

ACLU sues North Kingstown Town Council over lack of public comment period


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aclu logoThe American Civil Liberties Union of Rhode Island today filed a lawsuit against the North Kingstown Town Council for violating a Town Charter provision that gives members of the public “a reasonable opportunity to be heard” at Council meetings. The lawsuit, filed in Washington County Superior Court by ACLU volunteer attorney H. Jefferson Melish, is on behalf of North Kingstown resident and past Town Council candidate Richard Welch.

Welch attended a Town Council meeting on December 10, 2015 and attempted to speak at the meeting. However, Town Council President Kerry McKay refused to let him do so. Although the Town Charter gives the public an explicit right to be heard at Council meetings, Town officials took the position that it applies only to regularly scheduled meetings, not “special” Town Council meetings. The December “special” meeting included 13 varied items on the agenda that covered such matters as license renewals, appointments to a job search panel, adoption of budget policies, and a New Year’s Eve policy for liquor establishments.

The lawsuit notes that there “is no distinction made in the Town Charter between regular and special Town meetings to justify the denial of the public’s right to be heard.” The suit asks the court to find that Welch’s right to speak was violated at the December meeting, and to issue an order requiring the Council “to honor the public’s right to attend and have a reasonable opportunity to be heard at all Town Council meetings.”

Plaintiff Welch said today: “The right of the public to be heard by our government is very basic to our form of government and it should not be allowed to be abridged by anyone.  This is not the first time that this has happened in North Kingstown, but it must be the last.”

ACLU attorney Melish added: “Public participation and involvement are vital to our democracy. This lawsuit is an attempt to vindicate those crucial public interests.”

A copy of the complaint can be found here.

Woonsocket police sued for unlawful arrest and detention of deaf person


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aclu logoThe American Civil Liberties Union of Rhode Island and the R.I. Disability Law Center have today filed a federal civil rights lawsuit on behalf of a profoundly deaf person who was arrested and detained overnight in jail by Woonsocket police for allegedly making an obscene gesture, and who was never provided an interpreter to allow him to communicate with the police during his detention. The case raises important issues regarding municipal agency obligations to accommodate residents who are deaf or hard of hearing.

The lawsuit argues that city officials violated plaintiff David Alves’s “statutory and constitutional rights by unlawfully arresting and detaining him, charging him with violating an unconstitutional City criminal ordinance, subjecting him to discrimination on account of his disability, and failing to accommodate his disability.”

The arrest took place late one night last July, when Alves and some friends were at the City Side Club in Woonsocket to celebrate a friend’s birthday. After a verbal altercation between the bouncer and members of the group, police were called. On his way out of the bar, Alves gestured toward the bouncer with the American Sign Language sign for “b*llsh*t,” which police who had arrived at the scene interpreted as giving them the middle finger. Immediately after making the gesture, Alves was arrested by the police for violating a city ordinance banning “obscene language or mak[ing] an obscene gesture.”

While being booked and held at the station overnight, Alves’s requests for a sign language interpreter were ignored. When a deaf friend came to the station to check up on him, a police officer handed the friend a note saying that Alves would “be out in the morning no problem . . . These things happen, he just needs to take it as a learning experience.” In the morning, he was released from custody and issued a summons to appear at court on the ordinance violation. A few months later, a Municipal Court judge dismissed the criminal charge.

Today’s lawsuit, filed by ACLU volunteer attorneys V. Edward Formisano, Michael Pushee and Alyse Galoski, and RI Disability Law Center attorney Katherine Bowden, raises a host of constitutional and statutory claims, including that:

  • The City’s “obscene gesture” ordinance is unconstitutionally overbroad and vague in violation of the First Amendment
  • The arrest and overnight detention of Alves without cause violated his rights to due process of law and freedom from unreasonable searches and seizures; and
  • The police officers’ failure to procure an interpreter or provide other means to effectively communicate with Alves violated a number of federal and state laws barring discrimination by municipal agencies on the basis of disability.

Among other remedies sought, the lawsuit asks the court to rule the “obscene gesture” ordinance unconstitutional, declare Alves’ arrest and detention unlawful, order the City to implement policies to prohibit future discrimination against deaf or hard of hearing individuals, and award Alves unspecified monetary damages for violating his rights.

Below are quotes from the participants in today’s lawsuit:

Plaintiff David Alves: “I need to fight this case so that other people don’t have to go through the same thing I went through.  Deaf and hard of hearing people deserve the same dignity anyone else deserves.  If they violate my civil rights, then they might feel they can violate other people’s civil rights. I want to do what I can to prevent that.”

ACLU of RI attorney V. Edward Formisano: “Mr. Alves was unlawfully arrested and detained under an unconstitutional law. To add insult to injury, he was not provided with the accommodations he needed for his obvious disability. We are confident that a court will vindicate the rights that were so unfairly denied Mr. Alves.”

RIDLC attorney Katherine Bowden: “Municipal compliance with federal and state laws prohibiting disability discrimination is mandatory, not optional. People who are deaf and hard of hearing have a right to equal access to city services, including the right to effective communication with the police and other city officials.”

ACLU of RI executive director Steven Brown: “In this country, people cannot be locked up simply in order to give them a ‘learning experience.’ We are hopeful this lawsuit will send a clear message to all law enforcement agencies that there are basic constitutional limits on the use of their formidable police powers, and that they cannot ignore their obligations under anti-discrimination laws to treat people with disabilities fairly.”

A copy of the complaint can be found here.

Burrillville Town Council lets their lawyer not answer questions about power plant tax negotiations


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20160427_211543A somber yet unyielding Town Council faced the displeasure of Burrillville residents Wednesday night. At issue is whether or not the residents of Burrillville can trust their elected officials to negotiate in their best interests with Invenergy, a multi-billion dollar company intent on bringing a fracked gas and diesel oil burning power plant to their pristine town. The Town Council appeared to do themselves no favors allowing their lawyer, Oleg Nikolyszyn, to speak for them.

The tone for the evening was set when Jan Luby took the council to task for apparently deceiving the public at a previous town council meeting about when exactly they learned that Invenergy was planning to build a power plant in their town. Council President John Pacheco had said that the Council had learned about it in August of least year, but video has surfaced showing that they knew as early as February.

“So now that we know that there’s no question you knew in February, not August, of last year… we’d like to know how you stand now, as individuals. We are your constituents and we deserve to know,” said Luby, even as she understood that under the Open Meetings Act, the council members could not answer questions but only listen. Luby then went on to suggest that Town Manager Michael Wood be fired, to much applause.

Terri Lacey took issue with comments she has seen and heard on social media regarding citizens opposed to the power plant. “The comments that have gotten back to us, about us… are intentionally  demeaning,” said Lacey, “It gives the perception to the community that we are troublemakers… and we are not to be taken seriously.”

Jason Olkowski spoke for a long time about his love for his adopted city and the quality of life he enjoys with his wife and daughter in Burrillville. “I’m concerned by a Governor that marginalizes the people of Burrillville as protesters,” said Olkowski, referencing a comment by Governor Gina Raimondo about opposition to the power plant.

The most interesting part of the evening was when the Council finally got around to Agenda Item 16-119, filed by residents Terri Lacey, Andrew Vanable, Jason Olkowski, Jeremy Bailey and Deborah Yablonski. During the last Town Council meeting it was revealed that Town Manager Michael Wood, with Town solicitors Oleg Nikolyszyn and Special Assistant Council Michael McElroy have been negotiating tax breaks for Invenergy’s power plant, without the awareness of the residents of Burrillville. Nikolyszyn and Pacheco said then that since the subject was not properly on the agenda, it could not be discussed.

But now that the item is properly on the agenda, the subject is still off limits, said Nikolyszyn. As the item came up for discussion, Nikolyszyn rose and told the crowd that such negotiations are secret and discussing details would be a violation of the law. This seemed to infuriate the crowd.

Nikolyszyn said that the Town Council was going to be briefed on the details of the negotiations after the public portion of the Town Council meeting ended, in executive (private) session. Right now, Nikolyszyn maintained, the Town Council was unaware of the details of negotiations. Despite Nikolyszyn’s preamble, residents stormed ahead and asked their questions anyway, fully aware that the Council was shielding themselves from answering behind their lawyers.

20160427_211538At 10:15 in the video above, Jason Olkowski and Jeremy Bailey ask their questions. The question as to when the negotiations began, why the negotiations were undertaken and who approved them could not be answered, said Nikolyszyn. The details of McElroy’s involvement with the negotiations, and how much he is paid, said Nikolyszyn, is not a public record.

The details of all negotiations will not be publicly known until negotiations are complete, said Nikolyszyn.

“That is certainly unfortunate,” replied Olkowski.

Olkowski then asked what are the advantages of negotiating a tax break for Invenrgy, rather than just leaving the $750 million plant on the tax rolls. Nikolyszyn replied that he is prepared to answer that question tonight, but in closed executive session, not with the residents in an open meeting. You don’t discuss the pros and cons of a business deal publicly, Nikolyszyn maintained.

The subject of the Town Council’s “neutrality” towards the plant came up. After the last Town Council meeting, many residents have wondered why the Town Council needs to be neutral about the power plant when Governor Raimondo has been a strong proponent. “It was I who advised the Council remain neutral” with respect to the power plant, said Nikolyszyn. “We don’t want to give [our appointed boards] marching orders, like the Governor did with the [Energy Facilities] Siting Board.”

It what could be seen as a direct attack on Raimondo’s credibility, Nikolyszyn said that not maintaining neutrality until the boards’ decisions are finalized weakens your credibility. We wants the reports of our boards to be respected, and not seen as just “following marching orders,” said Nikolyszyn.

One of the most frustrating parts of the discussion occurred at the 34 minute mark above. Tracey Keegan asked, “Could a council member make a motion to end all negotiations with Invenergy right now?”

After minutes of legalese and hemming and hawing on the part of Nikolyszyn, and after Keegan repeated the question multiple times, an exasperated Town Councillor David Place finally answered, “Yes.”

No one did, though. Instead, in a statement released today, Council President John Pacheco said, “…our team was directed to continue discussions… I’m satisfied that negotiations are headed in the right direction.”


More video from last night’s meeting:

Last note: Two Burrillville residents rose in support of the Town Council and Town Manager Michael Wood. Both were members of a board appointed by the the Town Council

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RI Supreme Court upholds major probation violation bill


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The RI Supreme Court, in a decision written by Supreme Court Justice Maureen Goldberg, upheld what is one of the most influential pieces of criminal justice reform legislation in the past ten years.

This law, known alternately as the “Justice and Innocence Bill” and the “32(f) law,” was passed in 2010 but has been on hold since 2012 due to a Superior Court ruling challenging its constitutionality. If you have never been put on probation in Rhode Island, the law might seem obscure. But if you are like the tens of thousands of people who have been sentenced to probation, this bill means something very important. It means a meaningful chance to fight a false accusation.

Prior to 2010, the law allowed people to be imprisoned for a crime for which they had been acquitted, and this Supreme Court ruling reinstates the legislation intended to end that practice.  That 2010 bill, sponsored by Representative David Segal and Senator Rhoda Perry, required what would seem on its face value to be a common sense reform–that if someone is acquitted of a crime, they be released from prison.

The Segal-Perry bill was the result of a four year legislative campaign, which involved many spokespeople telling their story, strong opposition from the Attorney General and the police, an initial veto by Governor Carcieri, and eventual passage with overwhelming, bi-partisan support. In the final campaign, the legislation even received support from former Attorney General James O’Neil.

This seven minute video (recommended for anyone interested in this issue) features a description of the probation violation system’s lack of due process as explained by former Superior Court Judge Stephenreinvestinjusticecrowd 2 Fortunato, who states “In practice, if you  can get someone arrested, you can probably get them convicted as a violator.” It also  features an interview with the late and esteemed John Hardiman, former Chief of the Public Defender, who states, “If you had all the evidence at a violation hearing you had a trial,  chances are maybe the person wouldn’t have been violated, and that is the importance of  this bill.” This was a grassroots struggle, with organizers from OpenDoors and DARE  at one point covering the statehouse with thousands of ribbons with the names of people on probation in the state.

John Prince, a long-time advocate and community organizer with DARE, has a story that is integral to the passage of this legislation.  John has not only spent nearly a decade fighting for this reform, he has spent over 30 years waiting for it, ever since he was falsely  imprisoned in 1982 for four years.  While on probation, he was charged with a Breaking & Entering, and despite compelling evidence that he was falsely accused, he was essentially railroaded by a system too quick to convict.  I say he was falsely accused, because I have spoken directly to witnesses (who are also interviewed  in the advocacy video) and talked to the person, one of the real perpetrators of that crime years ago, who falsely accused him.

As John’s case illustrates, the reform has the potential to have a broad impact but the extent is not entirely known. While there are very few, potentially no, people who are currently incarcerated for violations who were also acquitted at trial, every probation revocation and plea bargain negotiation is influenced by the fact that the defendant knows they have no recourse through trial.  There are no doubt other cases out there like John’s, cases which disappear due to the expediency of probation revocations. These cases may see the light now. This legislation and Supreme Court ruling are thus systemic reforms, with a multiplied impact due to the large use of probation in this state (the fourth highest rate in the country). In some neighborhoods in Providence, over half the adult African American men are on probation, so this reform is a unique realignment of the justice system for those communities.  In fact, no other state in the country follows the laws now in place in RI with this reform (with Illinois being the closest there is).

However, at the same time that this is a fundamental reform, it will also have a measured, limited effect.  It is not a get out of jail free card.  The actual defendant in this case, Robert Beaudoin, was not acquitted at trial until April, 2013, only one month before his two year sentence expired anyway, meaning that had the law been implemented it still would have had only a small impact on him.  Even with this reform, the state can employ a number of strong practices to protect the public whenever there is any indication a person on probation might not have kept the peace, which include holding the defendant without bail, prolonging the time until trial, and using the leverage granted by the often very long suspended sentences.  This reform only affects an individual whose case falls into a specific range of doubt—there is enough evidence to revoke their probation at a hearing but not enough evidence to convict them at trial.  Yet, even then, the actual effect of this reform will largely be to shorten incarceration periods for potentially innocent people, not free them carte blanche.

Reducing mass incarceration is ultimately a vital goal.  This was the subject of the  mass incarceration symposium last year, widely attended by policy makers across the state, and is a key goal of the Governor’s Justice Reinvestment Working Group.  And as was heard at that symposium, the main drivers of mass incarceration are that, compared to the past, we are more quick to incarcerate and more likely to incarcerate for longer.  The results of this historical policy shift are stark in Rhode Island, and the crime control benefits are not wholly demonstrated.  As we look to identify what reforms can restrain this system, it makes sense to look at an important type of change—reducing the prison sentences for people that may very well be innocent.  That was the goal of the many who instituted this reform in 2010, a reform which will hopefully now finally be implemented.

Trump comes to Rhode Island: The Good, the Bad and the Ugly


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2016-04-25 TRUMP 082The best and the worst that Rhode Island has to offer was on display during Republican presidential candidate Donald Trump‘s visit Monday. Members of the White Noise Collective, DARE (Direct Action for Rights and Equality), PrYSM and more came out in opposition to Trump’s message of fear, racism and misogyny. Inside the venue, Trump’s stump speech was interrupted four times by protesters, who were escorted out of the Crown Plaza Hotel without violence.

Jessie Justin, an organizer with White Noise Collective and Rhode Island resident, explained in a statement why she has come to protest, “Trump is actively building a culture of hate that directly threatens my Muslim, immigrant, and black neighbors, and we want to make it clear that here in Rhode we are united as a community. His anti-immigrant actions, racism, and Islamophobia are not welcome here.”

In a statement, the White Noise Collective explained that they…

…came to the event today as an affiliated group of Showing Up for Racial Justice (SURJ), a national network of groups and communities organizing white people for racial justice with passion and accountability to person of color leaders and organizations. SURJ groups around the country have been showing up to Trump rallies to speak out against racism, Islamophobia and xenophobia since the Trump’s campaign began in 2015, including a recent blockade action at Trump’s event venue in Wisconsin where six protesters were arrested.

“For us today was not about a presidential race,” says Beth Nixon, a member of White Noise Collective and Rhode Island native, “it’s about presenting an alternative vision to Trump’s: that the US can be an equitable country that welcomes and includes all people. As one of the wealthiest countries in the world, there are enough resources for everyone here to live with safety, health, and dignity.”

Meanwhile, outside, things became very heated. Once Trump’s motorcade entered the Crowne Plaza driveway, and Trump stepped from his car to wave at supporters, those outside the venue, including Trump supporters, Cruz supporters and Trump opponents, crossed the street and followed Trump as near to the tent behind the hotel where Trump was speaking as security would allow .

Trump fans, perhaps exasperated to have waited hours, only to find the venue too small to accommodate the full crowd exchanged words and chants with Trump opponents. While Trump supporters chanted “Build the Wall” and “Ten Feet Higher” opponents countered with “Black Lives Matter” and “Love Trumps Hate”.

Perhaps the darkest moment came when a Trump supporter assaulted a man. The police took the man who was punched into custody, handcuffing him. Trump opponents were outraged because the police seemed only interested in arresting the person with the darker skin, who was in fact the victim. Ultimately the man was released by police when video and photographic evidence proved the man was assaulted and only defending himself.

Trump fans also splashed two Trump opponents with liquid from a water bottle and grabbed a camera from another Trump protester and threw it on the ground. If there were more incidents like this, I did not see them.

Another moment that was worrisome occurred when a group of young male Trump supporters thought it funny to chant “Dicks out for Trump” at a young woman with a Black Lives Matter sign in her hands. This was a rape threat, plain and simple, even if it was delivered “humorously” as a police officer stood near by. This event highlighted the misogynistic undertone of Trump’s candidacy. Shirts were being sold outside and worn inside the event saying “TRUMP THAT BITCH!” on the back and in case that was too subtle, the front of the shirt features pictures of Hillary Clinton and Monica Lewinsky and the words, “Hillary sucks, but not like Monica”.

Perhaps the best way to describe the tenor of the event is to point out that one of the first speakers at the event, the warm up act, if you will, was WPRO radio “personality” John DePetro. In many ways the event was like a live, interactive version of his radio show… or a circle in Dante’s Hell.

Despite the incidents above, the protest and the event was largely peaceful, given the high level of emotions on both sides. Trump may have been interrupted, but he was never shut down or prevented from giving his fans the full Trump experience. In fact, disruptive protests have become so common at Trump rallies that the campaign runs a sort of public service announcement at the beginning of each show saying that protesters should not be touched but simply pointed out to security to be taken away.

Below are some pictures.

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The case for letting Trump supporters rally


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Donald_Trump_August_19,_2015_(cropped)Donald Trump will be holding a rally at 1pm Monday at the Crowne Plaza in Warwick, and some Rhode Islanders hope to shut the rally down.  That’s not surprising; Trump likes to attract controversy and is good at doing so.  My aim in this article is to argue against trying to shut down the pro-Trump rally.

I can’t decide for others about what’s a good protest and what isn’t.  But I think it’s healthy to start some discussion of the pros and cons.  Steve Ahlquist already began the debate last week in an article suggesting that Trump should be shouted down and chased out of the state.  I’d like to speak up for the other side.  As the discussion goes on, people will make their own decisions, whether it’s to promote the belligerent confrontation that Trump seems to relish or to look for alternative ways of dealing with the situation.

Can disruptive protests be a good thing?  I’m sure they can, in the right situations.  Take what happened at Brown University in 2013, when Ray Kelly, then the chief of New York City police, was invited to speak.  Some Brown students and Providence residents decided to hold a protest then, for several reasons. Kelly had been responsible for a stop-and-frisk program that often turned abusive towards innocent people, particularly people of color. Kelly’s police aggressively worked to disrupt protests against things like the Wall Street bailout. Kelly conducted intensive spying on Muslim communities, considering Muslims as belonging to suspicious “ancestries of interest”, and conducted police operations far outside his legal jurisdiction as part of this effort.  But it wasn’t just Kelly’s record that inspired the protest.  The protest was also because people were concerned about Brown University’s agenda.

When Brown invited Ray Kelly, they didn’t just invite him to speak.  The university gave him an especially honored speaking slot, the annual Krieger Memorial Lecture.  Perhaps they thought this was appropriate — his status as the then chief of New York City’s police counted in his favor.  Although there were plenty of known bad spots on Kelly’s record, university officials’ treatment of Kelly was focused on his high prestige instead.  Further, the university arranged for Rhode Island police to be seated in special rows in the audience to better take in Kelly’s talk, “Proactive Policing”.  The message was that Kelly had something important to say to Rhode Island police.  Many Rhode Islanders were seriously concerned about Kelly’s record and thought that there were better alternatives to Kelly’s “proactive policing” that deserved to be heard.  But Brown University didn’t give the same kind of honored speaking opportunity to those who are hurt by over-aggressive policing even here in Rhode Island, nor to those who present alternatives to Kelly’s aggressive practices.  The night before Kelly was due to speak, a few dozen concerned people met together on Brown’s central lawn, and Joe Buchanan of South Providence made one of the best speeches I’ve heard at Brown.  Someone like him from South Providence, or any regular Rhode Islander who had something to say about police practices, would be very unlikely to get the kind of honored speaking opportunity Kelly got or even to speak officially at Brown at all — that’s not how Brown works.  It should be clear, by the way, that the protest wasn’t about trying to stop Kelly’s views from being heard.  The problem was that Brown was promoting Kelly’s approach to policing and not giving much consideration to alternatives.  If Kelly had been invited to speak as part of a panel, where another view could have been heard as well, there would have been little or no protest.

In the end, when Kelly’s speech was scheduled to begin, there was a lot of heckling.  I had taken part. to a small extent, in the preparations for the Kelly protest, though I didn’t get into the room where he was scheduled to speak because it was full.  Inside the room, some protesters, as planned, presented a statement of their own that they had prepared.  The plan had never been to stop Kelly from speaking entirely, but when Brown officials saw the heckling and found that not many of those in the room wanted to hear Kelly, they chose to cancel the speech.  Although the media didn’t do a good job of describing what the Ray Kelly protest was about, and some outside observers mistakenly thought the protest was aimed at censoring Kelly’s words, the protest did have a good effect.  It led to good conversations particularly inside Brown, and the university realized it had done something wrong in how it had given a platform to Kelly’s words to the exclusion of others’.  Brown hasn’t learned all the lessons it should here — it still isn’t that good a neighbor to the community, and doesn’t listen enough to ordinary Providence residents whether they’re white or they’re people of color.  But all in all, the protest did have a constructive effect on Brown, and it did a little bit to promote the views of those who want police to respect people’s rights more.

It’s tempting to put a Donald Trump rally in the same category as the Ray Kelly speech, and in many ways Trump is worse than Kelly was.  But is it a good idea to give Trump the belligerent confrontation that he feeds on?  There were disruptive protests against the Nazi party as the Nazis were gaining power, and the Nazis were able to use those protests to expand their appeal.

We’ve had protests against illiberal speakers before in Rhode Island, and it’s clear that these protests regularly end up escalating beyond what was originally planned.  Take what happened when a small media event was held at the RI State House in February by people who didn’t want Syrian refugees coming to Rhode Island.  Over a hundred protesters turned out hoping to support Syrian refugees.  Organizers had encouraged many to come to the pro-refugee protest, emphasizing in advance that the message should be positive.  But that wasn’t what happened.  Former congressman Pete Hoekstra was able to give his speech arguing against taking in Syrian refugees, despite considerable heckling.  But his fellow speaker Charles Jacobs, who did most of the talking, took a different approach.  He quickly got into a back-and-forth with many of the protesters, and said that he would feel vindicated if he was shouted down.  His words succeeded in achieving that result.  By making outrageous claims in defiance of common sense (such as his claim that Syrians are all taught in high school to be genocidal), and by provoking protesters further by saying things like “You know I’m right”, he successfully got many of the protesters to shout him down.  One mild-mannered protester, who joined others in yelling at him, said to me that his words felt like “blood libel”.  A number of the protesters didn’t take part in the shouting down, and I could see at the time that there were some who didn’t think it was a good idea.  But most of the protesters did end up shouting Jacobs down, despite organizers’ initial plans.

Protesting a Trump rally is likely to cause more problems.  At the Ray Kelly protest, and at February’s Syrian-refugee protest, there was no intention at the beginning to stop people from speaking.  But with Trump, people are already talking about trying to shut Monday’s Trump rally down.  That means there’s a high risk that things will go further than that, because these things have often ended up escalating beyond protesters’ initial intentions.

A good example is what happened at the only Trump rally which actually was shut down due to a protest, in Chicago on March 11.  It wasn’t just that people’s emotions got out of control — some protesters in Chicago were clearly deceiving themselves about what their emotions were, like the woman who held up a “No Hate” sign while joining in a loud “Fuck Trump” chant.  Some ripped up Trump signs, and there were tussles and fistfights between those on opposite sides of the Trump issue.  The evidence suggests that not all of the fights were started by Trump supporters.  One anti-Trump protester challenged someone else to fight — “You fucking neo-Nazi prick, come down here”, although the other person had done nothing more than speaking a few words.  (The protester wasn’t listening anyway — the person he was challenging to fight had just been saying “I don’t support Trump.)

This, of course, is the opposite of “We are the 99%”.  The shutdown of the Chicago rally didn’t hurt Trump at all, but it did involve physically attacking those in the 99% who have been persuaded to support Trump.  That makes them, and their allies, feel more threatened and more willing to support Trump. I talked to one Rhode Islander who is in favor of protesting a Trump rally, and he said that, yes, there might be some “collateral damage” (his term).  But taking actions that are likely to cause unplanned and often misdirected “collateral damage” amounts to sending a very public message of “We don’t care what happens to you”.

It’s well-known that one reason why Trump has been getting considerable support is that, to many of his supporters, he seems like the first person to run for president who is willing to seriously question what typical politicians say.  People like him for that reason, because they can see that there’s something wrong with the current system and they want someone who seems to be a strong alternative.  And it’s easy for Trump supporters to get persuaded that the angry protests against Trump are only a result of Trump’s opposing the system.  Negativity directed at Trump supporters, which is how these protests end up being perceived, will only lead Trump supporters to support him more as the person who can save them.  I know people may not want to face it, but Trump got a larger share of votes after the March 11 Chicago protest than before it.  This kind of protest is the opposite of winning people over — by demonstrating negativity towards Trump supporters, it strengthens Trump’s message that he is the one who will save you.

The fact that Monday’s rally is part of the presidential campaign makes it more likely that an angry protest won’t work as well as intended.  Of course, our election system is very far from representing the will of the people.  But many people, even those who have essentially given up on the election system, still retain hope that some day, the election system might have some role to play in changing things for the better.  The fact that the election system pays lip service to the idea of one person, one vote, causes elections to be viewed as symbolically important in giving influence to every state and every group of voters.  That’s just how elections are perceived.  Obviously, there can be no such thing as a fair vote if the group of people who support one candidate are prevented from holding a campaign rally.  That’s true no matter whether it’s a Trump rally, a Sanders rally, a Green party rally, or a rally by an independent socialist-party candidate.  Shutting the rally down is an attack on the right to have a fair vote, because it means that this one candidate’s supporters don’t get the chance to meet like other candidates’ supporters do.  And this isn’t something that can be justified by pointing to the many problems with our current election system.  If those who disagree with your group try to keep your group from holding a campaign rally, that’s saying that they don’t want your voting rights to mean much, but it’s saying more than that too.  Even if those who shut down the Chicago rally had carefully and patiently explained to the Trump supporters that their intention was to build a new, more democratic system in which everyone would have an equal voice, that message would have been so obviously hypocritical that it couldn’t possibly have been taken seriously.  If you really believe that everyone should have an equal voice, you don’t try to shut down supporters of a political movement you disapprove of.

Trump, like Charles Jacobs at February’s anti-Syrian-refugee event, aims to provoke protesters further.  And unlike Charles Jacobs, he has proven able to use the media to gain more supporters as a result of increased protests against him.  In Weimar Germany, the Nazis exploited protests against them in this way — the angrier and more aggressive the anti-Nazi protests were, the more the Nazis exploited them.  I don’t think Trump is as bad as the Nazis, but he is still bad enough that it would be deadly to let him exploit protests like that.  The increasing percentage of votes for Trump, after well-publicized protests against him, shows that some people are now supporting Trump who didn’t have him as their first choice before.

Part of Trump’s skill is that he thrives on provoking clashes within the 99%.  He is able to do this both to his supporters and to his opponents.  One example of that is how it feels satisfying, righteous and powerful to shut down a Trump rally.  Those are the kind of feelings people always have while suppressing activities and communication that they don’t like.  The emotions are the same no matter whether the people doing the suppressing are left-wing, right-wing, or anything else.  The message communicated is not just the “We think you’re wrong” message that some protests send — it sends the sharper message that “Even if your point of view could somehow be considered legitimate, that wouldn’t matter anyway because we’re more powerful and we’ve decided to shut you down.”  I suppose Trump supporters may be capable of shutting down their opponents’ events while feeling the same satisfying sense of righteousness and powerfulness that the Chicago protesters felt.

But the satisfying feeling of shutting down a Trump rally tends to be somewhat delusional.  One blogger, noticing the increasingly rash actions that Trump protesters have gotten into, predicted that “Someone will die”.  I hope that doesn’t happen, but we’ve already seen multiple people doing things like fruitlessly trying to rush the stage at Trump rallies, and it wouldn’t be surprising if someone got killed.  What this looks like to me is emotion-driven action — action that’s aimed at feeling powerful rather than carefully achieving a constructive result.  I don’t think I would be doing any favors to my fellow opponents of Trump, including those who face discrimination and oppression, if I encouraged them to act in this emotion-driven way.  I’m trying to be honest about what I think will work best, and after that I want people to make their own decisions.

Progressives, and those who want to change the system, especially need to protect the standard that no group should have its assemblies and communications shut down, and that everyone should be able to be equally represented with their views even when others think those views are misguided.  The more we can build up that standard — preventing our side from shutting down opponents’ events and preventing others from shutting down ours — the stronger we are in the long term.  We need the right to assemble in order for the good ideas we have to grow.  Just as we don’t want dozens or thousands of Trump supporters shutting down our events, we shouldn’t try to shut down theirs.

It’s easy to feel worried about a Trump presidency.  People at every period of history have been worried about a new leader taking over: if this man or this woman becomes leader, it will be THE END, or it will be the FINAL SHOWDOWN.  But in reality, things tend not to be so apocalyptic as history develops.  We’ve had bad presidents before, and survived them.  I think we’d be better off if Trump was not elected, but the idea of preventing a Trump presidency by direct action is so implausible and counterproductive that I can’t believe it’s the right the way to go.  I’d rather devote effort to surviving a Trump or Hillary presidency and coming out of it with our rights strengthened.  And for that, I think it’s necessary to remain open to those who are currently misguided enough to be Trump supporters, which includes listening to them.  I expect if we listen, a lot of Trump supporters would have good things to say.  We may want them to learn from us, but people rarely learn from you unless you’re willing to learn from them.

I want to emphasize one of the main justifications for freedom of assembly and freedom of speech.  People who feel righteous in trying to shut down their opponents’ assemblies and communications are always sure that they’re justified in doing that, because they think their own views are right.  But history shows that those who think all their own views are right are always wrong.  If you look at even the best people who lived 100, or 200, or 300 years ago, they all had some ideas which we would now recognize as wrong.  In the same way, the things that we progressives believe now will include some things that, in future, will be seen to be wrong.  That means that we can’t afford to suppress views we disagree with, and we can’t get used to things like shutting down Trump rallies.  We have to be able to learn when we’re wrong, and that means letting those who disagree with us meet, speak, and participate fully in political processes.  Sometimes we may go to protest at events of people we disagree with, and often that’s the right thing to do.  But shutting down a campaign rally by Trump’s supporters is the wrong place to do that — it just fruitlessly sends a message of trying to suppress the rights that other ordinary people have to support their own views.

I would emphasize, instead, that human dignity includes the right of all humans to make their own choices and to make efforts to further their views. Respect for human dignity requires respecting people’s right to do that even when they’re misguided, like Trump supporters are.  The real alternative to the kind of conflict within the 99% that Trump likes to stoke is for us to respect Trump supporters’ right to have and support their own views, and for us to make a convincing case — as we’re fully capable of doing — to show that Trump’s program is wrong, while not completely shutting our ears to any good points that various Trump supporters may have.    One of the most insidious ways in which Trump distorts reality is by making many progressives feel that they need to start attacking fellow members of the 99% instead of talking constructively and making new alliances.

The attempt to shut down the Chicago Trump rally turned out to be basically about information suppression. It suppressed a prominent attempt at communication by one group, but wasn’t anywhere near as powerful in persuading new people that the progressive viewpoint is right.  So it was more about suppressing information than bringing out new and more persuasive information.  If political action in our society takes that kind of turn, we lose.  There are plenty of forces in our society that want to suppress information, that want to be able to exert power to keep various sorts of groups from organizing and meeting.  It’s definitely a possibility that our society, in future, will see much more suppression of information and shutting down of meetings.  I don’t think that’s a good future at all.  We have to keep information open and leave people free to meet and hold events.  A society where it’s more easy to stop people from meeting or from communicating ideas that someone judges unacceptable would be an ignorant, unjust, irrational society, full of cover-ups and oppression.  Sometimes the tactics we choose end up stoking the strengths of our opponents.  Again, I recognize that people are free to make their own choices on how to respond to the Trump rally.  But I think trying to shut it down is counterproductive, and I’m glad the debate on this continues.

Former prison administrator supports changes to solitary confinement


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Following President Obama’s executive order limiting solitary confinement in the federal prison system, this disciplinary method has begun receiving greater scrutiny across our country. In the past few months I have heard a range of voices – nationally and locally, from mental health professionals to formerly incarcerated Rhode Islanders – speak out about this practice. As someone who spent over three decades working at the Rhode Island Department of Corrections, I would like to add my perspective.

I retired in July 2012 after 33 years with RIDOC. After holding several administrative roles, I became the Warden of the Women’s Facilities in 1991. After ten years in that position, I was promoted to Assistant Director of RehabiIitative Services, one of three members of Director Wall’s leadership team, where I served for eleven more years. I worked very closely with Director Wall and have great admiration for him. He is one of the most well respected Corrections Directors in the country and is responsible for bringing the Department into compliance with many of the highest standards in the field. Over the course of my career I also supervised Officers and professional staff. I knew many of them and can speak to the professionalism and responsible behavior of the great majority of them.

That said, from my firsthand experience within the corrections system, I strongly support legislation introduced by Representative Aaron Regunberg and Senator Harold Metts to guarantee commonsense protections against the inappropriate use of prolonged solitary confinement. I believe the reasonable reforms they propose are important not only from a humane perspective, for I have seen how segregation harms individuals and their families, but also from a public safely perspective. Too often, inmates come out of Isolation angrier and more dangerous than they were before. Some, unfortunately, are released directly to the community from Segregation when their sentence ends. If we have not done all we can to change that person’s behavior, he or she will continue to be a threat to us upon their return.

I have observed and talked with many inmates who had been locked in Isolation for extended periods of time, and over the years it became painfully clear to me that inmates subjected to long term isolation often suffer irreparable harm. My observations have been confirmed by a growing body of research indicating that periods of longer than 15 days in Isolation results in serious mental health damage.

The ability to isolate people from general population is an important tool for institutional management. This legislation does not eliminate the use of Isolation. It only sets reasonable time limits and basic humanitarian baselines, while requiring adequate treatment and programming.

Viable alternatives to Isolation exist for most offenders. Therapeutic communities, nonviolence training, and behavioral training are examples of approaches used in some prisons including the ACI. Unfortunately, in Rhode Island rehabilitation receives only 15% of the budget. It is impossible to provide these programs to most of the inmates who could benefit from them. Every inmate in Isolation would benefit from the introduction of therapeutic programming and nonviolence training.

Isolation should be utilized only for as long as necessary to protect staff and inmates from physical harm. It loses its meaning and becomes tragic when it is extended beyond reasonable periods of time. And it is especially painful to vulnerable people, the mentally ill, emotionally unstable and many female offenders who have been deeply affected by isolation. Think about yourself in that situation – being isolated from human contact for months at a time would affect any of us.

The legislation before the General Assembly presents a real opportunity to begin to reshape a system that as it exists today, fails to truly accomplish its mission. As someone who helped lead this system for decades, I don’t say this lightly. I feel proud of the accomplishments we achieved over the years. But I feel compelled to speak now, and I hope our state will do the right thing, and the smart thing, by reforming a practice which has so much potential to damage our fellow Rhode Islanders and our community as a whole.

Lisa Petrie arrested at State House protesting power plant


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One time RI Future contributor Lisa Petrie was arrested at the State House this evening by State Police for failing to leave the State Room after protesters demanded an audience with Governor Gina Raimondo over the proposed Invenergy oil and fracked gas burning power plant proposed for Burrillville. Petrie is a member of Fossil Free RI and a long time environmental activist here in the state.

[Update courtesy of FANG (Fighting Against Natural Gas): Lisa, resident of Richmond, RI, was charged with willful trespassing and has a court date set for May 6th.]

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When State Police told the protesters to leave the State Room at 4:30pm, Petrie refused, and stayed alone in the room. Every one else, including the press, was instructed to leave the building. At about 7pm Petrie seems to have been arrested and taken out the side door of the State House. It is not known if she had any interactions with the Governor while she was alone inside the building.

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Seconds after placing Petrie in the rear of the vehicle, an officer placed the circular “NO NEW POWER PLANT” banner in the car with her.

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Patreon

The media’s role in criminalizing poverty


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Steven Paré

“Panhandling is common in Kennedy Plaza,” said a reporter at a Jorge Elorza press conference yesterday, “is that going to be addressed in addition to the drug dealing?”

Providence Commissioner of Public Safety Steven Paré was standing behind a podium, having just announced the results of a months long effort to arrest drug dealers in and around Kennedy Plaza downtown. The drug dealers were selling prescription drugs, like  Oxycontin, as well as cocaine. Police were particularly concerned because Kennedy Plaza is a spot where hundreds of schoolchildren transfer buses every day.

The question, from a female reporter, was off subject, and suffused with ugly assumptions about the homeless, equating being poor and asking for help with selling drugs to children.

To his credit, Paré was unequivocal in defending the rights of panhandlers to ask for money. “Panhandling is legal, so, by standing in an open space and asking for a donation… is legal and  we will not be doing anything because it’s been deemed a constitutional, legal right. Panhandling has nothing to do with [the drug dealing arrests]. This is illegal behavior, the selling of drugs. Any other illegal behavior will not be tolerated as well. We will focus on that kind of activity that is illegal and makes people feel unsafe.”

So one reporter went off on a tangent and Paré shut it down. End of story, right?

Nope.

“Some would argue that [panhandling] is also a safety issue,” countered a second  reporter.

Paré reiterated that panhandling is a constitutional right, decided by the Supreme Court. It is not an illegal activity, it is a protected, First Amendment right. Blocking people and demanding money is not panhandling, said Paré. Such behavior is a crime, but standing or sitting and asking for money is not illegal.

That should settle it then, right? This is, after all, a press conference abut the arrests of 14 drug dealers…

Nope.

A third reporter now asks about a meeting Paré had with various groups in Providence about the court decision that upheld panhandling as a constitutionally protected right.

“What was the outcome of that meeting?” asks the third reporter.

Paré explained that the meeting was called to discuss the ruling and to deal with safety issues around Kennedy Plaza. “Panhandling is something completely different than what we’re talking about,”said Paré for a third time. Drug dealing, he said, “is criminal behavior.”

So what happened?

Three reporters at this press conference worked very hard to equate being poor with being a criminal. To his credit, Paré did not take their bait, but this line of inquiry from the press does raise serious questions about the media’s complicity in promulgating stereotypes about homelessness and the criminalization of poverty.

Barbara Kalil, a homeless advocate who works downtown, told me after the press conference that she was happy to have Paré on video so strongly advocating for the rights of the homeless. The arrests downtown were of drug dealers, and the homeless community was not involved, she said. In fact, until this press conference, she was unaware of these arrests.

Note: Because of the noise on the street and the fact that my camera was on Paré and not on the reporters, I had to amplify the sound artificially when the first two reporters spoke. The third reporter was right next to me.

Jorge Elorza and Steven Paré
Jorge Elorza and Steven Paré

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Burrillville Town Council seemingly at odds with residents over power plant


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Wednesday night’s Burrillville Town Council meeting lasted over three full hours, and though the council considered other business, the majority of the discussion concerned Invenergy’s proposed fracked gas and oil burning power plant. Anticipating a larger than usual presence at the meeting, the Town Council wisely moved the session to the Burrillvile High School, with its spacious auditorium. Oddly though, the meeting was scheduled for the school’s media center, which did not have nearly enough seating or microphones set up for people to hear.

Councillor David Place entered the auditorium, (which was set up with microphones and seating for the Town Council meeting) and marched everyone to the media center, only to have the meeting start with a motion to move the meeting back to the auditorium.

It was a poor way to start what promised to be a contentious meeting.

After getting the formalities of the Pledge of Allegiance out of the way, Council President John Pacheco III called for public comment. Attendees were warned that during public comment, the Town Council would only be allowed to listen, not comment or answer questions. In all, 23 people spoke during this time, all but one in opposition to the Power Plant. The one speaker who did not speak against the power plant merely wanted to remind everyone of the upcoming Burrillville Earth Day clean-up. (I’ve moved the 22 speakers to the end of this post.)

After conducting other town business, (not included here) the council got around to Agenda item 16-104. Town Councillor Kimberly Brissette Brown suggested that the Council hold a series of community workshops to allow the public to interact with town council members to learn more about the proposed power plant in an unofficial, less structured way. I’m not sure how unstructured and unofficial meetings between the public and town council members, outside properly held town council meetings is not an end run around the open meetings law, but we’ll see how this plays out.

Next up was Kathy Martley, of BASE (Burrillville Against Spectra Expansion), who has been fighting the fracked gas infrastructure in her town for two years. Martley asked a series of questions as to how the town council will deal with Invenergy, yet instead of answering directly, council members became defensive and even combative. Town Solicitor Oleg Nikolyszyn explained that the Town Council is powerless to stop the plant from being built.

Martley asked the Town Council to pass a resolution unequivocally opposing the plant, similar to the resolution passed by the Providence City Council regarding the liquefaction facility at Field’s Point. Council President Pacheco replied that it “would be very irresponsible to issue that kind of a statement.” He insisted that the council must “remain neutral” because “we appoint the zoning board, we appoint the planning department and no way in hell can we ever present information in fact that is not tainted and unbiased.”

Burrillville resident Paul Lefebvre asked “Was [State Representative] Cale Keable lying when he said you have to stop the tax deal?”

According to Martley, Cale Keable said that the Town Council should reject any tax deals with Invenergy as a way to potentially stop the plant from being built. (See a full examination of that idea here.)

“Cale has a different job than we do,” answer Pacheco, adding that he admires the statement Keable put out with State Senator Paul Fogarty opposing the power plant.

After this heated exchange, Paul Roselli of the Burrillville Land Trust asked a series of questions and made a number of requests for answers regarding the ecological impacts of the proposed power plant. Roselli seemed to irritate the council with his questions and points, stirring Nikolyszyn to insist that the experts hired by the Town will be on hand in two weeks to educate the EFSB, (Energy Facilities Siting Board, the body with the sole discretion to approve the power plant) and the public. “That’s the beginning of this process,” said Nikolyszyn, not realizing, I suppose, that it’s the process and the seeming inevitability of the power plant that most disturbs the residents of Burrillville.

 

 

 

 

 

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