ACLU statement on Cranston Police Department prostitution sting operation


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acluOn Friday, the Cranston Police Department issued a news release announcing the results of a sting operation that, in its own words, was aimed at “targeting human traffickers, specifically those victimizing juveniles.” According to the news release, no fewer that eight law enforcement agencies were involved in this operation. According to news reports, however, the sting led to only one arrest for trafficking and one arrest for pandering. Instead, the biggest result of the operation appears to have been the arrest of fourteen “johns” for “procuring sexual conduct for a fee” and fourteen other people for prostitution.

ACLU of Rhode Island Policy Associate Hillary Davis issued the following statement today in response to the arrests:

“Human trafficking is a scourge, and efforts to eradicate it are to be applauded. However, as this operation makes clear, law enforcement stings like this one often end up having little to do with trafficking, but a lot to do with embarrassing and penalizing consenting adults engaged in sexual conduct for a fee. Conflating prostitution with trafficking does nothing to help the trafficking victims who remain ensnared while consenting adults are pursued and arrested. By humiliating and charging johns for seeking consensual sex and by giving prostitutes arrest records in the name of ‘helping’ them, these operations misleadingly purport to crack down on human trafficking, when their major effect is just to make the lives of prostitutes more difficult and dangerous, driving sex work even deeper into the shadows.

“We commend the organizations in the state actively working to provide social and other support services to sex workers who may have addiction or need other assistance.  But we emphatically reject the notion that the only way these individuals can be helped is if they are first put into handcuffs.”

ACLU calls for privacy safeguards to be included in Truck Toll Proposal


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acluFollowing review of testimony last week before the House Finance Committee, the American Civil Liberties Union of Rhode Island today raised privacy concerns regarding the lack of information surrounding the technology that will be used to implement the proposed legislation establishing tolls on tractor-trailers traveling through the state. The ACLU urged Rhode Island lawmakers to ensure drivers’ privacy is protected in the law.

According to testimony by DOT Director Peter Alviti, adoption of the current toll proposal will bring “sensing devices” installed along the roads to allow law enforcement to track vehicle movements, ostensibly to charge tolls on certain trucks and penalize toll evaders. However, the details regarding this technology have not been widely discussed or explained in any detail. It appears these devices will record information from not just trucks subject to tolls, but every vehicle passing through. The technology, the ACLU says, seems similar to automated license plate readers, which capture and record the license plate information, date, time and GPS location of every vehicle on the road. Such technology thus paints a complete picture of the movements of all vehicles traveling through the gantries. Neither current state law nor the proposed legislation limit the use, access to, or storage of this data, allowing severe intrusions onto individual privacy.

“In light of the serious impact on privacy this technology may have, it is critical that privacy safeguards be adopted long before a single gantry is erected,” Hillary Davis, policy associate of the ACLU of Rhode Island said today.

The ACLU is encouraging legislators to adopt language explicitly restricting use and access to the data solely for the purpose of addressing toll scofflaws, and that any data collected belonging to vehicles not subject to tolls be deleted instantaneously. Similar amendments are expected to be proposed during today’s House floor debate.

“While some opponents of this legislation have expressed concern that it could in the future be applied to cars, the privacy impact of this bill on all automobile drivers could be felt immediately. We urge the adoption of safeguards to ensure that the final version of this legislation does not compromise all Rhode Islanders’ privacy for the sake of collecting tolls on trucks,” said Davis.

ACLU reports continued over-suspension of students of color


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RI ACLU Union LogoDespite growing consensus that out-of-school suspensions should only be used as a discipline of last resort, Rhode Island school districts continued to overuse suspensions during the 2014-2015 school year, a report by the American Civil Liberties Union of Rhode Island has found. The report, Oversuspended and Underserved, a follow-up to previous ACLU reports on the use of suspensions in Rhode Island public schools, found that schools doled out 12,682 suspensions in the last school year, often for minor misconduct. As in previous years, students with disabilities and students of color served a disproportionate amount of these suspensions.

While some school districts, education officials, and policymakers have acknowledged the need to address Rhode Island’s suspension problem, today’s report finds that much still needs to be done to address the persistent over-suspensions of even the youngest students. Among the report’s findings for the 2014-2015 school year:

  • The suspensions meted out last year resulted in more than 25,000 lost school days.
  • Over 1,000 elementary school students were suspended from school. Seventy-five of them were in kindergarten alone.
  • More than 60% of all suspensions were meted out for low-risk behavioral offenses such as “Disorderly Conduct” or “Insubordination/Disrespect.”
  • Black elementary school children were nearly six times more likely than their white classmates to be suspended from school. Hispanic children were three and a half times more likely than their white elementary school counterparts to be suspended.
  • Students with disabilities who have Individualized Education Plans were over two-and-a-half times more likely than a student without disabilities to be suspended from school.
  • More than two-thirds of the suspensions levied against high school students with IEPs were for low-risk offenses – exactly the punishment that IEPs should help these students avoid.

The report comes on the heels of the Rhode Island General Assembly’s near-approval this year of legislation to limit the use of suspensions to only those situations in which a child poses a serious physical risk, or when the student is disruptive and other methods to address his or her conduct have failed. The ACLU recommended that the General Assembly enact this legislation as soon as it convenes for its 2016 session.

Among its other recommendations, the report called on the Rhode Island Department of Education to work with districts to determine appropriate solutions for high suspension rates, and for school districts to work with the community to investigate alternative disciplinary methods. The ACLU also reminded parents of their right to appeal suspensions that they feel have been unfairly imposed.

Hillary Davis, ACLU of RI policy associate and the report’s author, said today: “Rhode Island’s children with disabilities and children of color have for too long borne the brunt of a system over-reliant on removing children from the classroom rather than correcting their behavior. The last school year was no exception. Our children deserve the opportunity to learn from their mistakes rather than potentially face a lifetime of severe consequences. Earlier this year, the General Assembly stood poised to make Rhode Island a leader in protecting children from the over-reliance on suspensions. We hope that swift action when the General Assembly reconvenes in January ensures that Rhode Island’s children will no longer find themselves cast out of school because of a bad day.”

A copy of the report is available here.

Previous ACLU of RI reports on school suspensions are available here.

[From an American Civil Liberties Union of Rhode Island press release]

Racial disparities in school suspensions reach 10 year high


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20150505_100729The  reported today that racial disparities in suspensions at Rhode Island’s schools had “reached their highest rates in a decade last year,” according to new report from the  RI ACLU called Blacklisted: 2013-2014.

It found that white students experienced “a ten-year low in suspensions during the 2013-2014 school year” even as the combined suspension rate for Hispanic, black and Native American students was at its highest level.”

The ACLU press release presents the following findings:

Black students were suspended from school more than twice as often as would be expected based on their representation in the student body population. Hispanic students were suspended more than one-and-a-half times as often as expected, the highest rate in a decade, while white students experienced a ten-year low.

Black girls were nearly four times more likely than white girls to be suspended, including for minor, vague offenses like “disorderly conduct” and “disrespect.”

Black elementary school students were suspended at a rate nearly three times the rate expected given their representation in the population, while white elementary school students were suspended just half as often as expected.

The racial disparities in discipline are statewide: 24 school districts and two charter schools suspended black students at rates disproportionately higher than their representation in the student body, while 21 districts and two charter school disproportionately suspended Hispanic students.

Despite an increasing consensus nationwide that suspensions should be reserved as discipline only in very serious circumstances, more than half of all suspensions were issued for “Disorderly Conduct” or “Insubordination/Disrespect.”

This is the third such report from the ACLU in three years, said Hillary Davis, policy associate at the RI ACLU. She is hopeful that legislation introduced in the General Assembly will begin to address the problem. If passed, House Bill 5383 will prevent out of school suspensions for all but the most serious offenses. The bill also specifies that each school district must review its suspensions annually with an eye towards reducing racial disparities.

Jordan Seaberry of the Univocal Legislative Minority Advisory Commission said that our state “cannot deny the relationship between juvenile suspension and adult imprisonment.” We have “allowed a shadow justice system to take place within our schools” and “built a culture of suspensions” that plays into racial biases.

Receiving a suspension increases the likelihood of dropping out of school. “If you have less than a high school diploma,” said Dr. Danni Ritchie, a family practitioner and public health researcher, “it is predictive of your having poor health outcomes.” Having an advanced degree can “increase your life expectancy by about 12 years.”

Research has shown that children of color, especially African Americans, tend to be seen as older and less innocent and less entitled to some of the conceptions of childhood than… their white counterparts,” said Dr. Ritchie.

Stephanie Geller, policy analyst for RI Kids Count, said that research indicates that being suspended even once by ninth grade “results in a 2-fold rate of dropping out” of school.

Geller would prefer to see schools adopt policies centered on restorative justice, as is currently the case in Central Falls. Geller also wants to make sure that a law passed in 2012 that prohibited schools from suspending students for absenteeism is being enforced.

“Why do so many of us silently assume that so many black kids are insubordinate and therefore unteachable?” asked Dr. Marie Hennedy. Hennedy, a teacher, mother and grandmother, maintained that “students should only be suspended for incredibly dangerous, serious, dangerous reasons.”

Karen Feldman, executive director of Young Voices, said that, “We are not creating school environments that welcome our students in.” If a child is late to school or not fast enough in obeying a teacher’s instructions they are given detention. If they skip detention, they are suspended, said Feldman.

When students are suspended, educators need to fill out forms with a detailed explanation of the student’s offense, said Feldman, adding that “we need to have restorative practices in all our schools.”

“In my world,” said Rev. Donald Anderson, of the Rhode Island Council of Churches, “we have a word for inaction when there is a clear moral imperative to act. That word is sin. And sin has consequences.”

Martha Yaeger of the American Friends Service Committee told a story of encountering “an amazing young woman” at a community organization in the middle of the day.

Wondering why she wasn’t in school, Yaeger asked, “What are you doing here?”

“I got suspended.”

“Why?”

“Cuz my teacher told me to do something that was wrong and I asked her why.”

The “amazing young woman” was sent to the principal’s office and was suspended for a week. While suspended, she received zeroes in all her coursework, setting her “back academically for the rest of the year.”

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