Don’t vote your conscience


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Trumo Go BoomAs the landscapes of media and communication continue to evolve, the lines between news, opinion and entertainment are blurring quicker than society can vet facts. Thus, there seems to be confusion over what is unsafe and what is uncomfortable. While the two concepts are not mutually exclusive, it is imperative to understand that neither are they the same.

While the two concepts are not mutually exclusive, it is imperative to understand that neither are they the same.

Politics and (some) Violence

In the United States, politics was established as the means by which problems can be addressed without violence. This places faith in a system, regulated by layers of redundancy in its checks and balances, to decide what measures to pursue that reflect the vox populi. One can guess that when the founders were composing the fundamental document to establish our government, they were still reeling from the echoing concussions of revolution. These men did not feel safe.

Rather, the founders probably felt correspondingly unsafe with the prospect of a disproportionate amount of power allocated to either the central government or the state governments. They felt unsafe with the potential  uprising of a population of people who were kept as property based on their race. They felt unsafe due to the enormous financial debt incurred by the colonies for the economic costs of war. So, they designed such constitutional measures as separation of powers, the second amendment to the Bill of Rights, and a fractional reserve system of banking. What worked to preserve their safety at the time was, perhaps, shortsighted.

Two-hundred-thirty or so years later, our nation, devised in liberty and dedicated to the proposition that all men are created equal, has risen to a peak in global prowess that demonstrates the success of the system born of revolution, as well as showcasing its many flaws. History shows us that, when diplomacy fails and compromise is not pursued, violence fills the vacuum. While the argument can be made for the causes of political breakdowns to be many and complex, the most notable of them have been over race, war, and money.

Last Place Aversion in (presidential) Politics

The social phenomenon happening today has been increasing in frenetic urgency every four years, showing itself in the form of presidential campaign rhetoric. Fears are stoked and false equivalencies are pedaled. Now, as the locomotive of the Republican Convention barrels into the station as if driven by Casey Jones, the strategy has become clear. Donald Trump has tapped into the ugly effectiveness of the last place aversion paradox. Last place aversion is, to put it in extremely simplistic terms, the concept of relinquishing power to those with more, if it means preserving that power from those who have less. Following Donald’s speech, now more than ever, for Democrats to win this election against the nativist, hyper-nationalist, downright racist messaging of the Republican nominee’s pro-wrestling-style cheap-pop, they must focus all their campaigns -presidential and otherwise – on civil rights. In fact, all issues must be rooted in civil rights. That is an uncomfortable truth.

Last place aversion happens when uncomfortable is confused with unsafe. Self-preservation and self destruction look alike. The rest is just dressing one’s decision with self-serving justification to make it more palatable. Often such justification is fed to people by campaigns who would have people believe that politics is something worthy only of being the butt of a joke, or effective only when threatened with the barrel of a gun. This is thinly veiled by pundits and surrogates who use the word “establishment” with negative connotation, as if when they say it they want to laugh or spit. Just as familiarity breeds contempt, so does being an outsider fill voters with a sense of honesty and purity.

The Obama Coalition, consisting in large part of the growing minority population that makes up a reliable and vocal block of voters, ready to mobilize, and for whom this election is far too important to stay home, will be organizing and voting for the Democratic nominee. That, for some, is also an uncomfortable truth.

Trump in the Garden of Good and (mostly) Evil

Donald J. Trump has campaigned by exaggerating issues that make many people uncomfortable, thereby creating the illusion they are unsafe. Race in America is an uncomfortable conversation. Immigration is an uncomfortable conversation. Terrorism and  religion is an uncomfortable conversation. Yet, by harnessing the manipulative aspects of the behavioral psychological phenomenon of attribute substitution, a process thought to underlie a number of cognitive biases (including stereotypes), Trump has tipped the scale away from many of these uncomfortable conversations. If addressed bravely and honestly by Americans, perhaps communicating on these issues would make the nation a safer place in the long run. Instead, Trump scapegoats the populations statistically facing the most real danger, painting them as the causes of danger for those who are likely to harbor biases and discomfort.

Described by Daniel Kahneman in his book, Thinking, Fast and Slow, attribute substitution is best explained as:

“When faced with a difficult question, we often answer an easier one instead, usually without noticing the substitution.”

Kahneman goes on to clarify the concept:

“An easy question (How do I feel about it?) serves as an answer to a much harder question (What do I think about it?).”

Many Americans prefer not to think about “it” at all. In spite of the fact that the average (white) American is far more likely, statistically to die of heart disease than by Islamic terrorism, he is still more likely to stare suspiciously at the Middle Eastern-looking gentleman at the ballpark, while eating a second hot dog and drinking a 32 ounce Mountain Dew. That same person may complain about “Mexican illegals” taking American jobs, after leaving his empty cup and hot dog wrapper on the ground to be cleaned up by a tax paying, undocumented, Ecuadorian immigrant – a job the average (white) American would never accept. Then, he may confidently drive home, in excess of the speed limit, knowing if he gets pulled over, he will be able to afford the speeding ticket. The average (white) American takes for granted that, were he stopped, he would not be shot by the police officer.

It was to an audience, made almost exclusively of this average (white) American, to whom Trump addressed his speech, describing a thousand points of darkness. In the city in which Tamir Rice was killed for holding a toy gun, Trump talked about being the law and order candidate. Simultaneously, white nationalists and open-carry enthusiasts brandished real firearms absent of police interference. Because, the problem, according to Trump, was everyone except his audience. To call on his audience to look within themselves and discern whether or not they enjoy privilege that others lack, would make them extremely uncomfortable. The only ask he made of his audience was to vote to put him in charge and let him speak for America. Because, only he alone can solve the scourge of lawlessness which he blames on everyone except himself and his supporters. That is not only wholly illogical, it is decidedly unsafe.

(not) Voting Your Conscience

Come November, Americans will vote their individual consciences. One might argue that, based on the collective conditioning of attribute substitution and its influence on people’s cognitive biases, people who “go with their gut instinct” are just as often wrong as they are right. Yet, just as likely is that voters have already made their decisions and are simply seeking justification for the choice that makes them most comfortable. Another quote by Kahneman goes:

“We think, each of us, that we’re much more rational than we are. And we think that we make our decisions because we have good reasons to make them. Even when it’s the other way around. We believe in the reasons, because we’ve already made the decision.”

Voting one’s conscience makes one feel comfortable. Perhaps it may be better to truly weigh the facts and the potential consequences before voting.

Of course, this unsolicited advice is not directed at you. I’m certain your choice will be weighed, measured, and not be found wanting for that which is best overall for the nation’s most vulnerable and the longest and most balanced period of peace and prosperity.

Politics is not the enemy. It is the process by which America solves its problems, albeit slowly and uncomfortably, without resorting to violence.

Forced birth is a form of rape


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trustwomenA funny thing occurred to me on the way to the State House. Okay, it wasn’t that funny, at all. It was about abortion.

I was preparing to give testimony at the annual RI House abortion / choice exercise (hearing) last week when two facts or arguments occurred to me that happen to support my pro-choice position. The first is that a potential-father’s contribution to the mass of a fetus just before birth is miniscule, so he has no say in what the woman decides to do. The second is that forcing a woman to give birth is a form of rape.

Hear me out.

To my first point, we can see that the man’s contribution to a potential birth is about nil by looking at the science. A sperm cell weighs about 4.9 x 10^-14 lbs (mass = 22 picograms). The weight of a just pre-birth fetus averages about 7.5 lbs. So the father’s ‘part’ of the fetus versus the Mother’s part is about one in 155 trillion. Put another way, about 99.999999999999% of the fetus is from the mother. Therefore it only makes sense that the man should have little to say about anything having to do with the fetus. Note: spousal consent is no longer required nationally, but a Rhode Island state law to that effect is still on the books. Should the national ruling be overturned by the US Supreme Court, the RI law would take affect.

To my second point, that forcing a woman to give birth is a form of rape, what else can we call it? The state would be forcing a woman to create human tissue against her will. And then forcing her to expel it via the vagina. The state would force something through a woman’s vagina? Doesn’t sound too good to me; sounds like rape. Either the creation-of-tissue aspect or the expulsion part is anathema to the nation’s fundamental sense of personal freedom.

Similarly, any attempt to aid in a forced birth makes someone an accessory to rape or guilty of attempted rape. This means that any regulation or law aiding or abetting forced birth makes the state complicit in rape. For example any law requiring “informed consent” before an abortion falls into this category.

No, it really wasn’t all that funny.


Uhtime No. 3

Become a civil liberties advocate


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acluIf you’ve ever wanted to make a difference in the fight to protect and promote civil liberties right here in Rhode Island, advocating at the State House is a great way to make your voice heard.

The 2016 General Assembly is in full swing and lawmakers are considering hundreds of important pieces of legislation that could have serious impacts on our rights. The ACLU of Rhode Island is at the State House nearly every day to weigh in on these bills, and having civil libertarians like you behind us truly makes a difference. That’s why we want to teach you how to be a better advocate!

This Saturday, February 20, advocates and two former lawmakers will lead an ACLU Advocate Training Session at the Warwick Public Library at 2:30 PM to share their experiences and advice on how to make your voice heard in Rhode Island. After the afternoon session, you’ll be ready to follow important civil liberties legislation; reach your legislators; connect with fellow advocates; and testify before committees. If you can’t make it this Saturday, the ACLU will host another training at the Rochambeau Library on Saturday, February 27 at 1 PM.

You don’t need any prior experience to learn how you can make Rhode Island a better place for your family, friends, and neighbors!

Join ACLU advocates and volunteers on:

Saturday, February 20, 2016

2:30 to 4 PM

Warwick Public Library

600 Sandy Lane Warwick, RI 02889

OR

Saturday, February 27, 2016

1 to 2:30 PM

Rochambeau Library

708 Hope Street Providence, RI 02906

No experience necessary. All are welcome.

Watch Citizenfour with the ACLU


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JCitizenFour Hi Res 2oin the ACLU of Rhode Island and the Brown University Chapter of ACLU-RI on Thursday, February 4, for a free screening of Citizenfour and a discussion of surveillance and privacy in the digital age.

Academy Award-winning documentary CITIZENFOUR follows whistleblower Edward Snowden as he shares for the first time the classified National Security Agency documents that would expose the U.S. government’s illegal and indiscriminate mass surveillance programs. The camera rolls as Snowden meets with journalist Glenn Greenwald to explain the extent of the federal government’s dragnet surveillance, and then handles the political and personal ramifications of the leak.
Watch the story behind the headlines and learn why Snowden, an ACLU client, wanted to protect the privacy rights of all.
Thursday, February 4, 2016
 
Film starts at 6 PM
Discussion to Follow
 
95 Cushing St., Providence, RI 02906

A #BlackLivesMatter winter reading list


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black-child-and-booksRace and racism is the topic of discussion in the press. Yet it remains to be seen if this discussion will include the use of the dreaded c-word (class) or dare use the g-verb of what harms people of color daily (gentrification). Here at RIFuture, we want to spice it up a little and talk about those issues as part of a guide to activists in #BlackLivesMatter and other movements.

We are approaching winter. I hope to suggest some books that activists can study amongst themselves so to better grasp how to radicalize their movements. Included on the list are suggestions by Antoinette Gomes of the Rhode Island College Unity Center, Ray Rickman of Rhode Island Black Heritage and Stages of Freedom, Jim Vincent of the NAACP, and Imam Farid Ansari of the Muslim American Dawah Center of Rhode Island, who has a background as a member of the Nation of Islam. Although these individuals have contributed to this list, the politics of volumes I suggest should not be construed as their own nor should my comments connected to my suggestions be conflated with their views. I would also be remiss if I did not add that, even though I consider myself a white ally, the reality is that any person of color has a better understanding of these issues in their little finger than I might in all my years of research. This is not intended as anything other than polite suggestion.

  • Lies My Teacher Told Me: Everything Your American History Textbook Got Wrong by James W. Loewen (Suggested by Antoinette Gomes)
  • Citizen: An American Lyric by Claudia Rankine (Suggested by Antoinette Gomes)
  • In the Matter of Color: Race and the American Legal Process: The Colonial Period (Race and the American Legal Process, Volume I)/Shades of Freedom: Racial Politics and Presumptions of the American Legal Process (Race and the American Legal Process, Volume II) by A. Leon Higginbotham (Suggested by Farid Ansari)
  • The New Jim Crow by Michelle Alexander (Suggested by Jim Vincent)
  • Between the World and Me by Ta-Nehisi Coate (Suggested by Ray Rickman)- A meditation on race in America.
  • March: Book One by John Lewis (Suggested by Ray Rickman)- Congressman Lewis writes about his childhood and the beginning of his work in the Civil Rights Movement.
  • The Autobiography of Malcolm X As Told to Alex Haley– This book remains a vital manual for understanding the inherent value of any member of a minority group. Despite the problems in the text caused by Haley’s intentional distortion of Malcolm X’s politics, it is a critical volume.
  • A Lie of Reinvention: Correcting Manning Marable’s Malcolm X edited by Jared Ball and Todd Steven Burroughs- When Marable’s biography of the slain leader was published posthumously, the Left in America was stunned by its lunacy. Obsessed with tabloid sexuality issues and trying to say that Malcolm X prefigured the neoliberal Obama administration, it was roundly condemned by everyone who knew the truth. Several rebuttal volumes were published but I would argue this is perhaps the finest. There is a corresponding collection of media files featuring discussions with various Left African American scholars at Prof. Ball’s website.
  • The Wretched of the Earth by Frantz Fanon– Fanon was lying on his deathbed and dictated the material to his wife as it was written. The book analyzes the decolonization and how oppressed peoples can reorganize their societies. The first chapter, titled On Violence, was a stunning riposte to pacifists.
  • Black Skin White Masks by Frantz Fanon– Here the author writes a classic psycho-analytic dissection of racism and how it affects the victims.
  • The Souls of Black Folk by W.E.B. Du Bois– The book that argued ‘the problem of the Twentieth Century is the problem of the color line’, something all the more relevant today. Du Bois spared no punches when he fired across the bow of Booker T. Washington and dared people of color to dream of something greater than the lives of vocational workers dictated by the Tuskegee Institute.
  • John Brown by W.E.B. Du Bois– John Brown, the abolitionist martyr, was not the first to say Black Lives Matter, but when ‘he captured Harper’s Ferry, with his nineteen men so few/And frightened Old Virginnia till she trembled thru and thru’, the entirety of the United States was rocked so hard it caused a Civil War. I have previously written CounterPunch where I argue this is an essential volume for all white activists to read.
  • Race and Racism: An Introduction by Carolyn Fluehr-Lobban- A fantastic volume that explains the intricacies and contradictions of race written by a longtime member of the Rhode Island Black Heritage Society who taught classes on this topic at Rhode Island College.
  • Orientalism by Edward Said– A classic dissection of the notion of ‘The Orient’ as an imperialist construct.
  • The America in the King Years Trilogy by Taylor Branch- Branch’s epic biography of Martin Luther King, Jr. has some flaws, especially considering his too-close-for-comfort relationship to President Bill Clinton, yet this is essential reading, especially the first volume, Parting the Waters.
  • Hopeless: Barack Obama and the Politics of Illusion edited by Jeffrey St. Clair and Joshua Frank- This volume is a Left-progressive response to the Obama administration. It includes essays from radical African writers to poor white southerners who have been equally marginalized by the neoliberal policies of this president.
  • Pedagogy of the Oppressed by Paolo Freire– This volume that argues for a re-definition of how teachers teach and students learn. Our charter school champions in the state and city governments could learn a thing or two from Freire.
  • What Gandhi Says: About Nonviolence, Resistance and Courage by Norman Finkelstein- Finkelstein is originally a Marxist and advocate for the Palestinians. Yet he turned to Gandhi to develop a manual for the people he loves so dearly and ended up giving us all a gift, dedicating the book to members of Occupy Wall Street. He has no delusions about the Mahatma and is very open about this but also has some stunning insights to share.
  • Communists in Harlem During the Depression by Mark Naison- A fantastic case study of liberation politics and a cautionary tale. The Communist Party had some truly brilliant moments, such as their campaign for the Scottsboro Boys, and some truly problematic ones.
  • A Brief History of Neoliberalism by David Harvey– When you go to another country, you find political parties that have wildly different economic programs. Yet both the American Democratic and Republican Parties rely on identity and social issue politics to win votes. Why? The reason is that both parties subscribe to a brand of economics called neoliberalism, which dictates mass-privatization of public utilities, eradication of the social safety net, and austerity policies. Harvey presents a very readable and vital history of how America got to where we are today economically.
  • Here I Stand by Paul Robeson- One-half memoir, one-half manifesto, this testament of the unabashed champion of his people, who faced censure from the McCarthyist mob in the 1950s, is a brilliant short collection of writings.
  • Anarchism: From Theory to Practice by Daniel Guérin– A classic pamphlet that explains the basics of libertarian socialism and the history of a communist movement that values liberty in a fashion far more honest than the old Leninist tradition did.
  • On Liberty by John Stuart Mill– Whenever one talks about rights and liberty, they consciously or unconsciously are invoking the ideas laid out by Mill.
  • A People’s History of the United States by Howard Zinn– The author was open in his later years he made some mistakes and tried to impose a doctrinaire vision of class on the history of America that had some blind spots, including a gap regarding LGBTQQI people. Yet the book is so beautiful in some parts I still find myself misting up, especially when I read this passage:
    There is no way of measuring the effect of that southern movement on the sensibilities of a whole generation of young black people, or of tracing the process by which some of them became activists and leaders. In Lee County, Georgia, after the events of 1961-1962, a black teenager named James Crawford joined SNCC and began taking black people to the county courthouse to vote. One day, bringing a woman there, he was approached by the deputy registrar. Another SNCC worker took notes on the conversation:
    REGISTRAR: What do you want?
    CRAWFORD: I brought this lady down to register.
    REGISTRAR: (after giving the woman a card to fill out and sending her outside in the hall) Why did you bring this lady down here?
    CRAWFORD: Because she wants to be a first class citizen like y’all.
    REGISTRAR: Who are you to bring people down to register?
    CRAWFORD: It’s my job.
    REGISTRAR: Suppose you get two bullets in your head right now?
    CRAWFORD: I got to die anyhow.
    REGISTRAR: If I don’t do it, I can get somebody else to do it. (No reply)
    REGISTRAR: Are you scared?
    CRAWFORD: No.
    REGISTRAR: Suppose somebody came in that door and shoot you in the back of the head right now. What would you do?
    CRAWFORD: I couldn’t do nothing. If they shoot me in the back of the head there are people coming from all over the world.
    REGISTRAR: What people?
    CRAWFORD: The people I work for.

This list of books is not perfect and I do not pretend to that. I would be a fool not to note that there are almost no titles that deal with feminist issues and almost no women authors. I would in fact love to see Elisha Aldrich or another woman put together that list. But I hope that, armed with a curriculum that will keep these young people busy until spring, the winter will not kill the activist spirit as it did in the case of Occupy Providence. In the era of the charter school and cops who body-slam young women to the schoolhouse floor as if it were wrestle-mania, critical thinking in minority youths is a public enemy and democracy is the real terrorist threat. My hope and the hope of many is they will embrace their potential and create a big-tent movement that embraces labor unions, progressive religious bodies, women’s groups, LGBTQQI liberators, and a radical press to start a peaceful rebellion and win a bloodless class war.

kaGh5_patreon_name_and_message

Four moves to make on probation reform, courtesy of DARE

0701-drug-jailIt is difficult, if not impossible, to pursue the goals of punishment at the same time as rehabilitation and reentry.

Probation is a punishment, and Rhode Island is a national leader in this form of punishment. As noted recently in the Providence Journal, the Governor’s workgroup is looking at ways to amend the state’s practices. Hopefully, any suggestions that pass the legislature or Department of Corrections are substantial and impactful. The crux of this, however, will depend on whether the state has an appetite to reduce punishments and thereby increase rehabilitation and reentry. Keep in mind that some people get sentenced directly to probation while others serve that sentence following a stint in prison.

As a former member and organizer with Direct Action for Rights and Equality (DARE) who has been serving a punishment for 22 years, I can tell you that many Rhode Islanders have been thinking long and hard about this topic, long before anyone could imagine a reduction in punishments for any offense. People are hampered in their attempts to live a productive life because of the crimes we have committed in the past, as there is a natural tendency to exclude us; however, this is reinforced by a probation status that serves to deny jobs, deny homes, deny education, and deny opportunities to help others.

DARE is the only membership-based grassroots organization in Rhode Island with a focus on criminal justice policies. Since forming our Behind the Walls committee in 1998, we are the only policy organization with formerly incarcerated people in leadership, and played a critical role in re-enfranchising people on probation and parole, reducing prison phone rates, ending mandatory minimum sentences, unshackling pregnant women, reducing employment discrimination with Ban the Box, ending probation violations based on dismissed new charges, and (soon) ending blanket discrimination in public housing.

As community members who are overwhelmingly impacted by criminal justice policies, we want to generate stability, support individuals and strengthen our community. Our membership is reflective of the low income communities of color that have the fewest resources to deal with unemployment, homelessness, mental illness, physical health, and substance abuse; i.e. the primary drivers of mass incarceration. Our community members are often both victims and perpetrators of crime, generally excluded from victims’ services once we are convicted. We live this issue, multi-generationally, in a state that has issued over 150,000 prison ID numbers in recent decades.

Ten years ago, DARE took an analytical approach to probation reform in Rhode Island. We knew the stories and lived the lives of people on probation. We recognized patterns of structural discrimination, financial hardship, and mental anguish that make it hard for any normal person to succeed. We recognize that probation is punishment, and the lengthy punishment of our family members, people living in our homes and raising our children, has been a disaster.

DARE articulated a four-point interlocking probation reform platform:

  1. Limit sentencing on violations to the time remaining on probation (Rule 32(f)). Thus, if one has a single day remaining on a 10-year probation term, they can only be sentenced to a single day. Whereas the status quo is that a judge may instead impose an entire 10-year suspended sentence, we believe this is not only morally flawed but also exceeds (in some cases) the statutory limits on certain crimes.
  2. Eliminate the 120-day limitation on filing a motion for a sentence reduction (Rule 35). Circumstances rarely change to justify a reduction within four months of the original sentence, yet when someone is serving a ten or fifty year sentence- they will often change over the years. Although the DOC can put some people on low supervision or banked status, their sentence has not ended for any of the structural discrimination purposes such as housing, employment, or volunteering. Nor are they free of the punishment’s mental and spiritual impacts.
  3. Extend Good Time to people on probation and parole (R.I.G.L. §42-56-24). This adjustment would have several effects, by (a) incentivizing good behavior, (b) naturally shortening sentences, and (c) allow probation officers and/or judges to take away earned Good Time for lower level infractions, similar to ACI discipline boards.
  4. Allow for violations to be dismissed where the new underlying charge is also dismissed (Rule 32(f)). This proposal passed the legislature after several years of advocacy. It was particularly frustrating when few people believed it was happening, and momentum shifted after Rep. Patrick O’Neill (a criminal defense attorney) interjected during a committee hearing that it is true: sometimes a new allegation comes along and within a few weeks the prosecutor offers a “deal” to plead guilty. If they don’t take the deal, then a maximum sentence on the probation violation is guaranteed. Defendants believe that guarantee, knowing the extremely low standard of guilt, eroded rules of evidence, and notorious cases such as Richard Beverly and Meko Lincoln. Both involved the dubious testimony of police officers ultimately revealed as criminals themselves. Most are “smarter” than Richard and Meko, accepting a few years in prison rather than risk lengthy violations.

These four reforms would reduce the number of people on probation, reduce the number of violations, incentivize good behavior, and allow people a better chance at a second chance.

There is no such thing as a second chance, a fresh start, or anything of the like while on probation. There has long been massive investment in low-income communities, however it has come in the form of police and prisons. Millions of dollars are spent in each neighborhood, although none of that money is an actual local investment. We are not widgets for processing, nor animals for study, nor wetlands to be saved. We are parents, children, brothers, sisters, workers, voters, and even policy experts.

We want a criminal justice system that can protect us without hurting us, where cages are a last resort, where punishments can end, and people can overcome their mistakes. We are the number one stakeholder in reducing overall crime and punishment, and reinvesting resources into affordable housing, jobs, education, along with a health care approach to addiction and mental illness.

I’ve long acknowledged that my sentence will never end, and do not take issue with that. I left Rhode Island to get an education, as my applications were rejected by Brown, URI, RISD, Salve Regina, Providence College, and Roger Williams Law School. Furthermore, several arts organizations, mentorships, and the Training School would not let me volunteer. Regardless of my own saga, Rhode Island needs to look at the systemic issues, and not isolate a few cases. To that end, the Governor would be well served to pick the brains of people who have lived these issues, from cradle to grave.

ACLU to honor RI Coalition for the Homeless, Megan Smith at annual celebration


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Annual meeting image for emailThe ACLU of Rhode Island works tirelessly to defend fundamental rights here in the Ocean State. Now, it’s time to celebrate that work. Join us on Thursday, October 22at the Providence Biltmore to take part in our Annual Meeting Celebration and raise a glass to another year of protecting civil liberties. This year, the ACLU of Rhode Island is honoring the Rhode Island Coalition for the Homeless and homeless rights advocate Megan Smith as the 2015 “Raymond J. Pettine Civil Libertarian of the Year” award recipients.

The ACLU of RI is honoring the Coalition and Ms. Smith  for their unyielding advocacy for the civil rights and liberties of individuals experience homelessness, and for the invaluable support and resources they provide. The RI Coalition for the Homeless works to promote and preserve the dignity and quality of life for men, women, and children by pursuing comprehensive and cooperative solutions to the problems of housing and homelessness. Ms. Smith is an outreach worker and case manager with PATH, a program of the House of Hope CDC that works primarily with individuals experiencing street homelessness. Both are also tireless advocates for policies and reforms that affirm the rights of the homeless and protect individuals experiencing homelessness from discrimination.

ACLU supporters will mix, mingle, and enjoy hors d’oeuvres and cocktails while they celebrate the civil liberties successes of the past year and recognize the hard work of these two honorees dedicated to protecting the rights of the homeless.

ACLU of RI volunteer attorneys Sonja Deyoe, Carly Iafrate, and Neal McNamara will also provide updates on their ongoing and important court cases.

Celebrate your rights and freedoms, honor the RI Coalition for the Homeless and Ms. Smith, and support the ACLU of Rhode Island by purchasing your ticket today!

Tickets for the evening are $65 and are available for purchase online or by calling the ACLU office (401-831-7171). RSVP by October 14.

COCKTAILS & CONVERSATION

ACLU of Rhode Island’s Annual Meeting Celebration

 

Thursday, October 22 at 6 P.M.

(Registration begins at 5:30 P.M.)

 

Providence Biltmore

11 Dorrance St., Providence, RI 02903

Complimentary valet parking provided to all guests.

Celebrate banned books this week with the ACLU


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ACLU Banned Books15 Final Social MediaThe freedom to read is the freedom to learn, to imagine, to challenge your own beliefs, and to see the world from a new point of view. Too often, that freedom is challenged by individuals who would censor important and challenging books rather than embrace them.

As part of our ongoing work to fight against censorship in all its forms, the ACLU of Rhode Island is celebrating the freedom to read at our annual Banned Books Week Celebration on October 5.

Join us, the East Providence Public Library, and Living Literature for dramatic readings of Young Adult books that have been banned or challenged over the years.

Living Literature, a collective of Rhode Island-based artists and educators who teach literature through a unique and imaginative process, has created a 25-minute readers theater program exploring the question: “Why are Young Adult books challenged more frequently than any other type of book?”

Hear them perform selections from Harper Lee, Roald Dahl, Sherman Alexie, Lois Lowry, and Shel Silverstein and see if your favorite childhood book was ever banned or censored.

 

Banned Books Celebration: Young Adult Authors

October 5, 2015 at 6:30 PM

East Providence Public Library

41 Grove Ave., East Providence, RI 02914

This event is free and open to all. Light refreshments will be served. 

ACLU celebrates Constitution Day with downtown Providence scavenger hunt


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RI ACLU Scavenger HuntAs the state’s strongest defender of your rights and freedoms, the ACLU of Rhode Island is excited to announce our plans to celebrate Constitution Day this week by hosting a family-friendly scavenger hunt highlighting Providence’s civil liberties history. Constitution Day marks the anniversary of the signing of the United States Constitution on September 17, 1787. Americans across the country observe the anniversary by teaching students about the Constitution and Bill of Rights. This year, the ACLU of Rhode Island is hosting a Constitution Day Scavenger Hunt on Saturday, September 19, to teach Rhode Islanders of all ages about civil liberties and local history.

The family-friendly scavenger hunt will highlight Providence’s civil liberties history, and we hope the event educates the public, and especially children and teenagers, about the Bill of Rights and importance of knowing one’s rights.

So, think you know your Rhode Island history? Want to learn how the Constitution applies to everyday life? Put on your walking shoes and head to downtown Providence on your own or with your friends and family on Saturday, September 19to start the hunt!

We’ll start sharing clues on our Facebook and Twitter at 1 p.m. (Rain or shine). Use them to start a self-guided hunt for landmarks around the city. Once you arrive at a stop, snap a photo (selfies are encouraged!) and share it on Facebook or Twitter with the hashtag #ConstitutionHunt. Make it to the final location to earn bragging rights and a small souvenir.

Constitution Day Scavenger Hunt

 (RSVP On Our Facebook Page Here)

Saturday, September 19

1 to 3 P.M.

Downtown Providence

For more information and official rules, click here.

Raimondo signs Community-Police Relationship Act into law


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The room didn’t seem quite large enough for all the supporters that came out to watch Governor Gina Raimondo sign the Comprehensive Community-Police Relationship Act into law on Tuesday. The Act, a collaboration between legislators, law enforcement, and community members, seeks to analyze data that officers collect, as well as further protect juveniles and pedestrians.

“I speak as a governor and as a mother of two small children,” Raimondo said, “and I think we’ve all been troubled by the recent headlines all around this country about law enforcement.”

Gov. Gina Raimondo signing the Community-Police Relationship Act
Gov. Gina Raimondo signing the Community-Police Relationship Act

The governor added that this is a significant step in addressing a much larger problem, but said that she believes this will help keep communities safer, and make law enforcement more effective.

“Although this is an important piece of legislation, and one that is going to deliver real results, you all know this one bill isn’t enough. We must be actively engaged in our communities, and be committed to keeping our families and communities safe,” she said.

Representative Joseph Almeida (D- District 12), the main sponsor for the House version of the bill, said that it is a product of working for, and with, the people.

“You have two choices when you get elected,” he said. “You can be a politician and tell people what they want to hear, or you can be a legislator and tell them the truth. And that’s what we’re doing here.”

Senator Harold Metts (D- District 6), who was the Senate sponsor, spoke on how the bill will allow Rhode Island communities to heal with one another, and promote togetherness between communities and police officers.

“We were challenged to take our heads out of the desert sands of denial, and drink from the wells of equality, justice, and brotherhood,” he said. “Instead of having separation, and having the parties be polarized, they decided to work together. Instead of separation, we had collaboration.”

Rep. Joseph Almeida sharing his thoughts on the act
Rep. Joseph Almeida sharing his thoughts on the act

The act requires that law enforcement officers include in the ethnicity of the driver stopped, the reason, whether or not there was a search, and whether or not there was contraband taken from the vehicle in their traffic stop reports. It also prohibits officers from subjecting juveniles or pedestrians to a search without probable cause, and requires them to notify a driver why they are being stopped.

Colonel Steven O’Donnell, the superintendent of the Rhode Island State Police, said that the practices laid out in the Act are already happening.

“Almost all the information in that bill is something that State Police already do by policy. We’ve been doing it for years, so it didn’t take much to sit down with the community, and most of them we know very, very well,” he said. O’Donnell also gave credit to the House and Senate for being open minded about the subject of policing, particularly Senator Metts, who took part in the State Police Training Academy several years ago.

“Better training, better understanding, and better communication is really why that bill passed,” he said. “Everybody sitting down, some people losing some of their egos on both ends of the table, and coming to an agreement.”

Over the next 48 months, data will be collected from every traffic stop to determine whether or not there are racial disparities in Rhode Island’s policing system. Governor Raimondo said this data would be used to make informed decisions concerning the system.

“I think it’s clear there’s more that has to be done in Rhode Island and all around the country. You can’t look at what happened in Ferguson and South Carolina and think we’re doing enough, so what this bill says is that we’re committed to making changes based on facts, and making sure that our streets are as safe as possible, and that we’re protecting everybody’s civil rights in the process,” she said.

PVD City Council fails to deliver on minimum wage promise in new TSAs


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City Council Finance Chair John Igliozzi

Last year, after the General Assembly stole away the power of cities and towns in Rhode Island to set their own minimum wages, Providence City Councillor John Igliozzi told a packed room of disappointed hotel workers that the city was not prohibited from imposing higher minimum wage standards via tax stabilization agreements (TSAs), which are contracts between cities and private industry, and cannot be interfered with by the General Assembly.

Igliozzi said then that all future TSAs should include strong minimum wage requirements and many other worker protections and rights.

Igliozzi is the chair of the Providence City Council Finance Committee, so one would expect that he would follow up on this proposal, but so far, nothing like this has been incorporated into the new TSAs being cooked up in City Hall and expected to be voted on this week.

When Jesse Strecker, executive director of RI Jobs with Justice, testified before the Finance Committee of the Providence City Council, he presented a short list of proposals to ensure that whatever TSAs were adopted would truly benefit not just the investors and owners of billion dollar corporations but also the working people and families of Providence.

Strecker’s list included the following:

1. Provide good, career track jobs for Providence residents most in need by utilizing apprenticeship programs and community workforce agreements, hiring at least 50% of their workforce from the most economically distressed communities of Providence, with a substantial portion of that workforce made up of people facing barriers to employment such as being a single parent or homeless, or having a criminal record, offering job training programs so local residents are equipped with the skills necessary to perform the available jobs and hiring responsible contractors who do not break employment and civil rights law;

2. Pay workers a living wage of at least $15 per hour, provide health benefits and 12 paid sick days per year, and practice fair scheduling: offering full time work to existing employees before hiring new part time employees, letting workers know their schedule two weeks in advance, and providing one hour’s pay for every day that workers are forced to be ‘on call’;

3. For commercial projects, create a certain number of permanent, full-time jobs, or for housing developments, ensure that 20% of all units are sold or rented at the HUD defined affordable level. Or, contribute at an equivalent level to a “Community Benefits Fund,” overseen and directed by community members providing funding to create affordable housing, rehabilitate abandoned properties, or finance other community projects such as brown field remediation; and

4. Present projected job creation numbers before approval of the project, and provide monthly reporting on hiring, wages and benefits paid, and other critical pieces of information, to an enforcement officer, overseen by a Tax Incentive Review Board comprised of members of the public and appointees of the city council and mayor, to make sure companies are complying with their agreements, and be subject to subsidy recapture if they do not follow through.

Mayor Jorge Elorza submitted an amendment mandating that under the new TSAs, “projects over $10 million will be eligible for a 15-year tax stabilization agreement that will see no taxes in the first year, base land tax only in years 2-4, a 5% property tax in year 5 and then a gradual annual increase for the remainder of the term.”

In return, the “agreements include women and minority business enterprise incentives as well as apprenticeship requirements for construction and use of the City’s First Source requirements to encourage employment for Providence residents.”

But that short paragraph above contains few of the proposals suggested by Strecker.

Supporting the Jobs with Justice proposals are just about every community group and workers’ rights organization in Providence, including RI Building and Construction Trades Council, Direct Action for Rights and Equality (DARE), UNITE HERE Local 217, IUPAT Local 195 DC 11, District 1199 SEIU New England, RI Progressive Democrats of America, Teamsters Local 251, Fuerza Laboral / Power of Workers, Environmental Justice League of RI, RI Carpenters Local 94, Restaurant Opportunities Center RI (ROC United), Mount Hope Neighborhood Association, American Friends Service Committee, Occupy Providence, Olneyville Neighborhood Association (ONA), Fossil Free RI, Providence Youth Student Movement (PrYSM), Prosperity for RI, and the Brown University Warren Alpert Medical School Prison Health Interest Group.

Patreon

Bill to help end racial profiling will become law


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Pino.jpgLegislation to help mend the bonds between the police and community after a year of national duress will cross Governor Gina Raimondo’s desk to be signed into law.

The bill, known as the Comprehensive Community-Police Relationship act, requires that all police departments collect data on a subject’s race during traffic stops. The information will then be submitted to the Department of Transportation’s Office of Highway Safety, to be put in a yearly report showing what has been done to address any racial disparities. The act also makes illegal “consent searches” of juveniles, unless the officer has probable cause or reason of suspicion.

“It’s more communication between the police, the community, and juveniles,” said Representative Joseph Almeida (D-District 12), the main sponsor of the bill on the House side. “All we’re asking for is more probable cause, and right to be stopped.”

Almeida also said that the act is already helping to build communication between people of color and police.

“Communication is a big issue in civil rights,” he said.

Senator Harold Metts (D-District 6), the bill’s main sponsor on the Senate side, believes that after the events in Baltimore, New York, and Ferguson, communication is more needed now than it ever was before.

“We have to work together,” he said. “Even despite all the tension that’s across the country and across the world, the community and the police have to work together to build trust, because that’s the only way we’re going to have safer communities.”

According to Metts, different groups have met over the past eight months on both sides of the issue to come up with the version of the act that has been passed. Although the legal aspects of the bill concerning racial profiling and traffic stops were certainly important for him, there was something bigger that everyone seemed to miss.

“The important thing that everybody overlooked, for me, was how two opposed parties, initially, got together, and realized that they had to work together to come up with this compromise bill,” he said.

Metts added that the bill is especially important in his district, which is largely comprised of people of color. People have spoken to him about racial profiling and the way it dehumanizes them. Metts himself has been a victim of such profiling.

“Everybody wants to be treated with respect and fairly, on both sides,” he said.

Opponents to this bill, and similar bills all over the country, have argued that making officers take this extra step, or having to fill out more paperwork, is too much work. Representative Almeida, who is a retired police officer, believes otherwise.

“That’s bull,” he said. “That’s not true. Paperwork is good because we were told to form a paper trail. It’s not going to give them any more work. Besides, if you look to the right [in a police cruiser], there’s a computer there. It’s not going to stop anything.”

The specific requirements of the bill are fairly straightforward. Searches conducted by police officers should be documented and include the date, time, location, and probably cause leading up to the search. Those who have been recorded with video or audio equipment have the right to view that footage, provided that it does not compromise the investigation. It also establishes a procedure for searches of juveniles without a warrant. Officers can only ask for the juvenile’s consent if there is probable cause, and if there is, the juvenile has the right to refuse the search.

The collection of this data would begin July 2016, and would be put toward the Office of Highway Safety’s yearly report, as well as a quarterly summary of the monthly information provided by police departments.

RI schools over-suspend students with disabilities


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Percentage of Student Body SuspendedStudents with disabilities across Rhode Island are suspended from school at rates more than twice as high, on average, as their representation in the student body, an ACLU of Rhode Island report has found. These disproportionate suspension rates, like those that impact racial minorities, begin in the earliest grades, and are often for low-risk behavioral issues that could be addressed in other ways. During the 2013-2014 school year, every school district in Rhode Island and all but two charter schools over-suspended students with disabilities.

The ACLU report, “Suspended Education: The Over-Suspension of Students With Disabilities in Rhode Island,” found that students with disabilities comprised 32.90% of all suspensions between 2005 and 2014. This is more than twice what is expected, given that they made up just 16.11% of the student body population on average during that time. The report further noted that students with disabilities are over-suspended at the highest rates when they are in elementary school—a particularly vulnerable time when they should be receiving much-needed individualized support, not punishment.

Among our other findings:

  • Despite nationwide recommendations that suspensions carry significant risks and should be used only for the most serious infractions, suspensions of students, and students with disabilities, are often issued for low-risk, behavioral infractions. Further, nearly 36% of suspensions for such offenses over the years studied were given to children with disabilities, 2.23 times the rate expected given their representation in the population.
  • Twenty school districts and eight charter schools suspended students with disabilities at rates twice, or more than twice, as high as would be expected during the 2013-2014 school year alone.
  • Suspension disparities against students with disabilities begin, and are at their highest, in elementary school. Thirty-eight percent of suspensions for elementary school students were issued to students with disabilities, 2.58 times higher than expected given their representation in the population. High school students with disabilities were suspended nearly twice as often as expected.
  • The labels assigned to the behavior of even the youngest students call into question the overreliance on suspensions for normal childhood roughhousing. During the 2013-2014 school year, 266 suspensions for fighting or assault were issued to students between kindergarten and the second grade; 21.05% of these suspensions were issued to students with disabilities.
  • Altogether, 14.45% of students with disabilities were suspended at least once between 2005 and 2014, compared to just 6.65% of students without disabilities.

From the report: “The figures suggest that, while students with disabilities are supposed to be given myriad services, they are being removed from school not because of their behavior, but because of the failure of schools to meet their needs. Worse, they are being disproportionately suspended for relatively minor, and often subjective, infractions.”

In the report, we offer a series of recommendations to keep students in the classroom, including passage of legislation currently before the General Assembly that would limit the use of out-of-school suspensions for only the most serious offenses. We further recommended that the Rhode Island Department of Education and local school districts examine their data to identify disparities in the suspension rates of students with disabilities, develop plans to reduce those disparities, and investigate alternative evidence-based disciplinary methods.

Suspensions have for too long been a first response to children’s behavior instead of a last resort. That Rhode Island’s children with disabilities are suspended even when federal law requires they be given particular behavioral supports only underscores the overreliance on suspensions to address the behavior that comes with being a child. Children with disabilities deserve better than a ‘troublemaker’ label and a trip down the school-to-prison pipeline, and Rhode Island must work to do better by them.

Community organizations file petition to delay high stakes testing


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standardized-testingThe ACLU of Rhode Island and a coalition of 11 other organizations representing youth, parents, the disability community, and civil rights activists Tuesday filed a formal petition with the state Council on Elementary and Secondary Education to initiate a public rule-making process to bar school districts from using high-stakes testing as a graduation requirement or grading tool before 2020.

After the Rhode Island General Assembly approved a moratorium last year on the use of high-stakes testing until at least 2017, the Council, with support from the Commissioner of Education, proposed to continue the moratorium until 2020 in order to ensure students, parents, and teachers had adequate time to prepare for the new PARCC test. However, in adopting final regulations, the Council reversed itself and instead gave school districts the authority, if they chose, to institute high-stakes testing with the class of 2017. Shortly thereafter, the Commissioner unilaterally advised districts that they could also begin using PARCC scores as a component of students’ grades as early as this coming year. These developments prompted our petition.

Under the Administrative Procedures Act, the Council has 30 days to respond, either by denying the petition or by initiating a rule-making process where the public can testify and the Council can consider whether to accept, modify, or reject the proposal. Accepting the petition would provide the public with its first real opportunity to discuss the Council’s expedited schedule for use of the PARCC.

In the letter accompanying the petition, we pointed out that across the country school districts are encountering problems with the implementation of statewide standardized testing; more parents, teachers, and students are opposing such testing; and the number of states using PARCC had declined from 25 to 13 in just a few years. Waiting until 2020 to use PARCC scores against students was necessary in order to give RIDE and school districts “adequate time to put the instructional and other supports in place to give every student a fair chance to pass the PARCC.”

In addition to the ACLU of RI, the Coalition to Defend Public Education, George Wiley Center, NAACP Providence Branch, National Association of Social Workers/RI Chapter, Parent Support Network of Rhode Island, Parents Across Rhode Island, Providence Student Union, Rhode Island Disability Law Center, Rhode Island Teachers of English Language Learners, Tides Family Services, and Young Voices signed on to the petition.

We emphasized to the Council that it did not need to take a definitive stand on the merits of the petition in order to initiate rule-change proceedings. “Although we hope to ultimately convince you of the merits of this rule change, we trust you agree it is at least worthy of a full public discussion, and of one sooner rather than later,” our letter stated.

Jean Ann Guliano, from Parents Across Rhode Island, said: “Once again, the state has implemented a top down mandate without providing parents a meaningful mechanism to hold districts accountable. Districts are simply not providing students – particularly those living in poverty, or with special needs or limited English proficiency — the supports that RIDE requires districts to provide and that students need to do well on the PARCC. Students should not be the ones held accountable for poor testing preparation.  This policy needs to change.”

For more on the ACLU’s efforts to halt high-stakes testing in Rhode Island, visit our issues page here.

11 RI cities, towns violate ‘Ban the Box’ law


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acluAt least 11 municipalities in Rhode Island ask job applicants a question on their application forms that is prohibited by law.

The questions vary in wording, but each asks job applicants about their criminal record–a practice that has been illegal in Rhode Island for over a year. As a result, the ACLU of Rhode Island and Direct Action for Rights and Equality (DARE) have sent letters to those municipalities – from Burrillville to Warwick to Narragansett – asking them to promptly remove these questions.

In 2013, the General Assembly amended the state’s Fair Employment Practices Act to provide that, with a few exceptions not relevant here, questions about a person’s past criminal convictions could not be included on employment application forms and could instead only be asked “at the first interview or thereafter.” This “ban the box” law is designed to ensure potential employees are screened based on their qualifications, not their past.

As the letter explains:

The General Assembly enacted this prohibition in recognition of the fact that employment is a pivotal factor in preventing recidivism and that ex-offenders have faced widespread and unfair discrimination in seeking jobs. Well-qualified applicants – even those with long-past criminal records irrelevant to the job for which they were applying – were often excluded from consideration before even having a chance for an interview to demonstrate their qualifications. However, the inquiry on your application form is directly contrary to, and undermines the goal of, the statute to address this inequity.

This month, the ACLU examined the employment application forms of the twenty-nine municipalities that post those forms online after receiving a complaint about one of them. Of the eleven cities and towns that improperly ask criminal record questions, some inquire whether the applicant has ever been convicted of any crime, some limit the inquiry to felonies, and some ask for conviction information for the past five or seven years. And while some of the forms assure applicants that a criminal record does not automatically disqualify them from employment, all of those questions are illegal, and have been since January 1, 2014 when the “ban the box” law took effect.

We’ve asked the municipalities to revise their forms, online and in any other format, within the next two weeks. The ACLU and DARE will consider taking further steps if any cities or towns fail to comply with the statute.

The municipalities that ask about applicants’ criminal record and were sent letters were: Burrillville, Charlestown, Cumberland, Hopkinton, Jamestown, Lincoln, Narragansett, Newport, North Providence, Pawtucket, and Warwick. The ACLU is filing open records requests with the ten towns that did not have their forms posted online and were thus not reviewed.

By discriminating against anyone with a criminal record, these cities and towns are turning away able and qualified applicants. This unhelpful and illegal practice must promptly end–as it should have when it was prohibited last year–so qualified Rhode Islanders have the opportunity to lead productive lives regardless of their past actions.

Fred Ordoñez, executive director of DARE, the organization that led the push for passage of the “ban the box” law, said: “It’s sadly ironic that these municipalities can break a law with little consequence, yet regular people’s criminal record turns into a life sentence of unemployment.”

ACLU files suit over unlawful 6-year seizure of weapons


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acluDue process is a fundamental tenet underlying our civil liberties, and one can reject the hackneyed mantra that “guns don’t kill people” and still appreciate that gun owners have rights too. The ACLU does.

That’s why last week the ACLU filed a lawsuit in federal district court on behalf of a North Smithfield resident, who is seeking the return of lawfully-possessed weapons that were seized from him over six years ago by the local police department. The lawsuit, filed by RI ACLU volunteer attorney Thomas W. Lyons on behalf of Jason Richer, argues that the North Smithfield Police Department has violated his right to due process and his right to keep and bear arms by retaining his property without just cause. The ACLU successfully filed a similar lawsuit against the Cranston Police Department three years ago.

In September 2008, police responded to Richer’s house when his now ex-wife called to express concern that he had tried to harm himself by taking pills. Although Richer explained that he was not suicidal and that his wife had misconstrued a conversation they had, police forced him to submit to a mental health evaluation at Landmark Hospital. The doctor who saw him there discharged him shortly after his arrival, and no charges were ever filed or any other action taken. In the meantime, police seized “for safe keeping” three lawfully registered guns from a locked case in Richer’s garage. Two months later, when Richer tried to retrieve the guns, police refused to return them, telling him he would need to obtain a court order.

Both his ex-wife and a psychologist provided letters to the Department in support of returning the guns to him, but the Department still refused to do so. Over the years, Richer has repeated his request for the return of the weapons, but he has been consistently rebuffed. He most recently pressed a captain at the department for their return in January of this year. The Captain said he would talk with the town solicitor about it, but Richer never heard back from anybody. In March, the ACLU wrote a letter to the police chief on Richer’s behalf, but also received no response, prompting the filing of today’s lawsuit.

The lawsuit claims that the police department’s practice of requiring “weapons owners who are not charged with a crime to engage in formal litigation in order to recover their seized property” violates Richer’s due process and Second Amendment rights. The suit seeks a court order declaring the police department’s practice unconstitutional and requiring the return of his weapons, as well as an award of monetary damages.

“I am resolved to do all I can to end the unconstitutional practices and procedures employed by the North Smithfield Police Department. From the moment my firearms were seized, I have been asked to prove that I am fit to have them returned, and all the proof I have provided has been dismissed and ignored. This flies in the face of the presumption of innocence we enjoy as Americans. This practice must be stopped,” Jason Richer said when the suit was filed.

In 2012, the ACLU filed a virtually identical suit against the Cranston Police Department, which settled the case by returning the weapons that had been unlawfully held, agreeing to make any necessary repairs to the weapons while they had been confiscated, and paying monetary damages and attorneys’ fees.

Mr. Richer has been extraordinarily patient, yet the police have done nothing but make excuses about returning his property to him. Police departments must learn that the Constitution simply does not allow them to arbitrarily keep the property of innocent residents.

Whether police seize lawfully owned firearms as part of an emergency investigation, use civil forfeiture laws to impound a car from a person who is suspected of drug dealing, or confiscate medical marijuana from somebody alleged to not be a registered patient, the principle should be the same: people have a right to have their property returned – promptly – once officials conclude that no criminal activity has occurred or the basis for the seizure has been found wanting.

Tip high and tip often, someone’s economic security depends on it


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tipsThere are two minimum wages in this state, as in many states. There’s the one you always hear about that applies to almost everyone and every job, which is around $9.00/hr. right now. Then there is the other one, for the people who didn’t have a strong-enough lobby when the minimum wage bill was first written and subsequently modified. They are mainly restaurant servers – waitresses and waiters. Their minimum wage is currently $2.89/hr. in RI. Hence, it is referred to as the sub-minimum wage, or as I like to call it the substandard minimum wage.

Legislation heard last night would raise the sub-minimum wage to be equal the minimum wage over four years, so that in 2020 the sub-minimum wage would effectively be eliminated for servers.

Some of the Big Issues

How does one live on $2.89/hr.? They don’t. The idea is that tips make up the difference between $2.89 and $9.00, and current law in fact states that owners must add to servers’ income whatever is necessary to bring $2.89+tips up to $9.00. For that matter, how does anyone live on $9.00/hr.? Again, they don’t. That’s way below the poverty line. But that’s another story.

Note that tips are supposed to reward good work, above and beyond what is required of the server. At least, that was the original intent, but now they are formally part of ‘regular’ wages. I’ll bet most patrons do not know that. I didn’t.

Does anyone else see a problem with this? Like, what about all of the slow nights when there are hardly any tips? Even including the good nights the typical server’s income is nothing to write home about.

Many numbers for the actual average server wage, including tips, were tossed around last night. About $8.50/hr. seems to be the most believable. But wait: weren’t servers guaranteed to get $9.00/hr.? Unfortunately some wage theft and other unscrupulous practices occur in some restaurants. But, again, I digress.

Another problem: in order to get decent tips, a server has to suck up to her patrons. The servers that look the best, smiles the most, and doesn’t complain, make the most. If you don’t want to fit this picture, tough. Like it or get another job. Several restaurant owners at the hearing actually said things like this.

There is a LOT more to this, which others have or will addressed.

Observations on Dubious Observations

1) One of the senators on the committee hearing the bill asked: If there are thousand(s) of servers in RI, and they support the bill, why aren’t they all here testifying tonight?

  • Comment: (We ignore the ludicrousness of this question in the first place.) As a testifier pointed out, most servers have to be at work by 4 PM (that was about when the hearing started). But OK, putting that to one side, by the same reasoning, there are hundreds of restaurant owners in RI, why weren’t all of them there last night? After all, they don’t have to start at 4 PM, the servers (and others) are handling the work at their restaurants.

2) Many of the owners took personal offense at the testimony of the supporters of the bill. Many talked of their staff and themselves as “family.” I have no doubt that the vast majority of the owners in that room are sincere, good people with good intentions. I told a couple of them that. They are also small-business owners, and they do have a tough life. My father was self-employed, I know.

  • Comment: But there are many owners out there who are not good people, and the state needs to protect all workers.

3) Many of the owners testified that their servers like the status quo. The owners know this because they asked their servers about it directly.

  • Comment: Anyone NOT see a problem with this? If your boss thinks that A is better than B, and (his) money is involved, and asks you, his worker, if you think the same, and you don’t want to risk losing your job or making less, and you do want to feed your family, and you don’t have a contract or tenure and are not married to the owner’s sister, what are you going to tell him?

4) One of the owners told me that he didn’t think that sexual harassment had anything to do with the bill and, implicitly, should not have been brought up by the bill’s supporters.

  • Comment: Sexual harassment by the patrons is one of the things servers have to put up with to get decent tips. Unfortunately, it doesn’t stop there, but many servers also have to put up with it from their bosses or managers. If a server resists or complains, the offending party can assign her to the low-tipping work in the restaurant, like assigning her to a small section (fewer tables, etc.).

That’s It

Remember: tip high, tip often.

Cicilline to sponsor LGBT civil rights bill; would trump state RFRA laws


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cicillineRhode Island Congressman David Cicilline is drafting a bill with Senator Jeff Merkley of Oregon that would extend civil rights protections to LGBT people, he explained in an interview with RI Future.

The bill, long in the works, he said, would prevent states like Indiana from using so-called “religious liberty” laws to sanction discrimination based on sexual orientation.

“Many of us started to feel that the time had come to approach LGBT equality in a different way,” Cicilline said. “Why aren’t we putting together a comprehensive bill that prohibits discrimination against the LGBT community, period? We looked at a variety of federal protections that exist in the civil rights area based on race, and gender, and ethnic origin and religious tradition … why don’t we just add sexual orientation and gender identity to those existing categories that are protected from discrimination.”

Cicilline is co-chair of the LGBT Equality Caucus and, according to a press release, “one of six openly gay Members of the U.S. House of Representatives.” When asked about Indiana’s Religious Freedom Restoration Act (RFRA), he said: “The law permits discrimination, which it should not. It should be repealed.”

When I asked Cicilline about Indiana Gov. Mike Pence’s attempt to “clarify” the new law, Cicilline said, “It’s very hard to enact a law that discriminates against people or permits discrimination based on sexual orientation and then try to clarify that away.”

I also asked Cicilline if he’s ever been the victim of discrimination based on his sexual orientation. Listen to the full interview to find out what he said:

ACLU, Phil Eil sue DEA for public records requested 3 years ago


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acluThe ACLU of Rhode Island filed a Freedom of Information Act (FOIA) lawsuit Wednesday on behalf of local journalist, Philip Eil, who has been stymied for more than three years in his effort to obtain access to thousands of pages of public evidence from a major prescription drug-dealing trial.

The lawsuit, against the Drug Enforcement Administration (DEA), seeks a court order to release the documents, a declaration that the DEA has wrongfully withheld and redacted documents, and an award of attorney fees. Filing the suit were ACLU volunteer attorneys Neal McNamara and Jessica Jewell, from the law firm of Nixon Peabody.

The request in question involves the evidence used to convict Dr. Paul Volkman, whom the Department of Justice has called the “largest physician dispenser of oxycodone in the United States from 2003 to 2005.” Volkman was indicted on 22 drug trafficking-related counts in 2007, and, in 2011, after an eight-week federal court trial in Ohio that included 70 witnesses and more than 220 exhibits, he was convicted of, among other charges, prescribing medications that caused the overdose deaths of four patients. In 2012, Volkman was sentenced to four consecutive life terms in federal prison — one of the lengthiest criminal sentences for a physician in U.S. history.

Volkman attended college and medical school with Eil’s father, and, in 2009, Eil began conducting research and reporting for a book about the case. After Volkman’s trial ended, Eil requested access to the trial evidence from the clerk of the U.S. District Court in Cincinnati. This request was denied, as were Eil’s subsequent requests to the Ohio U.S. Attorney’s office, the U.S. District Court judge who presided over the case, and the clerk of the 6th Circuit U.S. Court of Appeals.

On February 1, 2012, Eil filed a FOIA request with the Executive Office of U.S. Attorneys, which eventually transferred the request to the DEA nine months later. The DEA still has not completely fulfilled the request, despite numerous efforts by Eil to expedite a response. Pending with the DEA for more than 800 days, Eil’s request is eight months older than what the federal government-operated website, FOIA.gov, reports as the agency’s longest pending request.

DEA MOSTLY REDACTED SLIDESHOW SLIDE

One of the 133 slides released to Mr. Eil. The substance of nearly every slide was redacted.

In addition to the time it has taken to process the request, the DEA has withheld 87 percent of the 12,724 pages it has thus far processed for Eil’s FOIA request, and stripped most of the substantive information from the remaining 1,600 pages it has “released.” For example, as the lawsuit notes, one of the nine installments of releases to Eil included “a 133-page slide show where the substance from nearly every single slide is redacted.”  In another one of the “partial releases” of information, the DEA withheld 1,225 of 1,232 pages it processed.

“You can’t have a true democracy without a transparent court system, and this case represents an egregious failure of judicial transparency,” Eil said. “The right to a public trial is a basic tenet of our society, and it’s scary to think that any trial in the United States, especially one of this magnitude, would be retroactively sealed off from public view, as this case has.”

All too often at both the state and federal level, agencies address the public’s right to know as they would an exceedingly unpleasant chore – reluctantly, with some disdain, and with little care for the finished product – instead of as the fundamental and essential engine of democracy that it is. Mr. Eil’s efforts and this lawsuit are a reminder of the importance of persistence in holding government agencies accountable to the public.

Eil is an award-winning freelance journalist who, most recently, was news editor and staff writer of the Providence Phoenix until the paper’s closing in 2014. He has taught classes on writing and journalism at the Rhode Island School of Design, where he will return as an adjunct lecturer in September. He has conducted more than 100 interviews, across 19 states, for his book about the Volkman case.

The DEA’s actions in Eil’s case follow a disturbing pattern of FOIA-related behavior from the agency in recent years. In 2012, reason.com reported that DEA FOIA rejections had increased 114 percent since 2008, and earlier this year, the agency told a FOIA requester it would cost $1.4 million to process his request.

The lawsuit was filed in the middle of Sunshine Week, a week designated to educate the public about the importance of open government.

Saturday: ACLU advocate training day


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Advocate Training Day FB

The ACLU of Rhode Island has been a constant presence at the State House this legislative session as we testify, monitor, and weigh in on hundreds of bills that could impact your civil liberties. Now, we need your help.

Whether you want to repeal voter ID, end the school-to-prison pipeline, or strengthen privacy rights, your legislators need to hear from you. Join us this Saturday, March 14, at 2 p.m. at the Rochambeau Library for the ACLU Advocate Training Day to learn how you can become an effective advocate for civil liberties and play an active role at the State House. Our policy associate and other local advocates will offer advice on tracking legislation, crafting arguments, meeting with your legislators, writing and delivering testimony, and working with fellow advocates. Afterwards, you’ll be ready to make your voice heard at the State House and to protect the civil liberties of all Rhode Islanders.

The ACLU Advocate Training Day is free and open to all, and no experience is needed to attend. Join us in making Rhode Island a better place for all.


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