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

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

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

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

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

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

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

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

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

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

Two local organizers, Artemis Moonhawk and Sarath Suong were honored at the Red Bandana Awards held at Nick-A-Nees in Providence Sunday. Music was provided by local virtuoso Chris Monti and the boisterous partying of the Extraordinary Rendition Band. Bill Harley, who heads up the Red Bandana selection committee presented the awards.

Artemis has been a long time advocate for the homeless, spending a large amount of her time and money helping to prepare meals and advocating for homeless rights. She came to the stage surrounded by the people she advocates for. She had invited them to the event to share the award with her and gave everyone who accompanied her a chance to speak if they chose.

The second award went to Sarath Suong, co-founder and organizer of the Providence Youth Student Movement, (PrYSM). Growing up in a Southeast Asian community in Boston, Suong told the audience that he learned two important lessons from mentors, “One, What’s happened to you and your people and your community is not because it’s your fault. And the second thing they told me is that what’s happening right now and what’s happening in your community, you have the power to change it.”

“I understand my place in this country as a child of war,” said Suong, “When we came here we were sort of a reminder of the Vietnam War, a reminder of a war that the US had lost.”

Suong used his time on stage to advocate for two important projects PrYSM is currently working on. The first one is the Community Safety Act. “We are trying to get passed a city ordinance that will hold the Providence Police Department accountable to the ways that they profile young people, poor people, people of color, queer and trans people… We need more police accountability. We need the police department to get their boots off our necks while we are trying to live.

“We need help,” continued Suong, “For those folks who live on the East Side of Providence or have friends and family or any influence in Providence, please contact Councilpeople [Samuel] Zurier and [Seth] Yurdin. And please urge them to really support the Community Safety Act.”

The second project Suong mentioned was getting the All Students Count Act 2016 (H7235) passed in the State House. “What’s really important for Southeast Asians is that we are lumped into a larger Asian racial category. What that does is erases the real struggles of Southeast Asian young people who will only graduate at 60 percent of the regular rate.”

Here’s a sample of some music from Chris Monti, who opened the show, followed by a song from the Extraordinary Rendition Band, who closed it out. Because of the rain, ERB was forced to perform inside, which is a shame because they are a wild outdoors dance band.

And here’s the entire awards ceremony, which starts with Bill Harley giving a short biography of journalist and community organizer Richard Walton, and explains why these awards are given in his name.

A draft of the proposal has been obtained by RI Future. Because it is a draft and not covered by the Access to Public Records Act (APRA), Evan England, Mayor Elorza’s communications director, was unable to verify its authenticity. RI Future has independently confirmed that the draft proposal is the one currently under review.

The pilot program was presented at a meeting held Friday afternoon. Public Safety Commissioner Stephen Paré and Chief Hugh Clements were in attendance, as well as representatives from the City solicitor’s office and several community groups, including the ACLU and the NAACP. Those who attended the meeting were given a week to submit potential revisions to the draft regulations.

Two companies are providing free trials of their body cameras, Taser and Vievu. The timeline is vague, and has not been confirmed by the mayor’s office, but the PPD will have 5 weeks to test each company’s equipment. Once the equipment has been tested, the city will apply for a Federal grant to help pay for the cameras. England was able to say that he knows there are no planned announcements on body cameras over the next few weeks but at the meeting it was suggested that the program could potentially be unveiled as soon as early May.

It is unknown how much public input will be allowed into this process.

This story is developing and there will be more on this as we get it.

Some specifics in the BWC proposal

According to the draft proposal, which may be amended at any time, “It is the policy of the Providence Police Department to utilize body-worn camera equipment to record and document specific categories of law enforcement interactions with the public, and to institute parameters governing the viewing, storage and dissemination of the associated audiovisual recordings,” according to the draft policy.

Under the BWC Pilot Program the department is issuing BWCs to selected uniformed and investigative officers. “The BWC Pilot Program will be examined to determine whether or not BWCs contribute to officer safety, provide evidence for criminal prosecutions, help to resolve complaints made against personnel, and foster positive relationships with the community. BWCs are only intended to record that which an officer could potentially observe or hear using his/here own senses of sight and sound.”

The pilot program is considered a “work in progress” and it is possible the procedures outlined may be amended when the procedures run up against the “real world.”

Officers will be issued a particular BWC. Officers must continue to write their reports as before. They cannot write “refer to video” but must complete a thorough and detailed report.

Officers are required to activate their BWCs under the following circumstances:

1. All enforcement encounters where there is at least reasonable suspicion that a person has committed, is committing or may be involved in criminal activity. This includes, but is not limited to, self-initiated stops and dispatched calls for service.
2. All enforcement encounters where there is reason to believe that the individual is committing a violation for which a summons may be issued.
3. When initiating and conducting all vehicle pursuits.
4. When conducting all vehicle stops.
5. Taking or attempting to take an individual into custody (i.e. arrests, mentally ill persons/protective custody situations, etc.)
6. All incidents involving a reportable use of force, as soon as and whenever practicable.
7. Any public interaction, regardless of context, that escalates and becomes adversarial.
8. All building searches/entries made pursuant to criminal or investigatory purposes.
9. Whenever an officer judges that it would be beneficial to record an incident, but only when recording does not contradict Section “C”, below.

If the officer does not activate the BWC under the above regulations, the officer must report the reason why to an immediate supervisor both verbally and in a written letter.

The BWCs should not be activated under the following circumstances:

1. During encounters not directly related to official activities in the proper performance of police duties.
2. During the performance of non-departmental functions or administrative duties within a Department facility.
3. In places where a reasonable expectation of privacy exists, such as, but not limited to, the interior portions of domiciles, hospital emergency rooms, locker rooms and restrooms.
4. Whenever a potential witness requests to speak to an officer confidentially or desires anonymity.
5. Whenever a victim or witness requests that he or she not be recorded and the situation is not confidential.
6. Whenever dealing with victims of sex crimes or child abuse.
7. Whenever a victim requests that he or she not be recorded as a condition of cooperation and the interests of justice require such cooperation.
8. To record any personal conversation of or between another Department member or employee without the recorded member’s /employee’s knowledge and permission
9. Whenever the identities and/or investigative techniques of undercover officers would be compromised.
10. Whenever performing or present during a strip search of a detainee.

Officers who make a prohibited recording must make a request for deletion to their immediate superior as soon as practicable.

Officers must inform, as soon as practicable, that they are recording by using the phrase, “I am advising you that our interaction is being recorded.” That said, permission from the subject is not required to record.

The BWC can not be stopped until the interaction is complete. Interruptions or premature terminations of recordings need to be reported and justified.

The recordings collected will be considered the property of the PPD. Members of the PPD may not copy, publish, share or disseminate any BWC audio or video without the permission of the Chief of Police or the Commissioner of Public Safety. Also, the recordings may not be edited, deleted or altered. They may not be stored on a cloud server or other media storage devices.

Video will be stored for 90 days, at which time it will be automatically deleted unless it is ordered to be archived.

It is a violation of the policy for recordings to be reviewed solely for the purposes of searching for instances of Department members committing violations of law or Department policy, unless reviews are related to a specific complaint, allegation or incident.

Back in August 2015, advocates held a rally in front of City Hall protesting the treatment of  those experiencing homelessness in the city. They had found that with increasing frequency,  people experiencing homelessness were being subjected to judicial and extrajudicial arrest,  harassment, and discrimination. Additionally, they contended that individuals who were homeless were being treated as criminals for engaging in activities necessary to survival,  foremost among them resting and sleeping.

Soon after the rally, in September, Mayor Jorge Elorza met with the advocates and declared  that the harassment and discrimination happening was not in line with his Administration’s  policy. At that time advocates asked him to make a public statement expressing that and to  focus on solutions to homelessness rather than criminalizing the homeless. Fast-forward to  now, four months later, and nothing has come out of the Mayor’s office.

To make matters worse for the Mayor’s office, advocates released results of a public spaces  survey which show a clear and disturbing pattern of discrimination against those  experiencing homelessness in downtown Providence.

“As an outreach worker I have both heard, and personally witnessed this kind of conduct, and it disgusts and enrages me,” said Megan Smith of House of Hope CDC.

“Essentially, only homeless people and formerly homeless people are being arrested for these activities,” said Dr. Eric Hirsch. The activities include, sitting, panhandling, standing, sleeping and talking, all of which are perfectly legal.

Eileen Boarman was homeless in Providence on and off for over two years. She has personally witnessed and been the victim of police harassment and abuse. She talks of being beaten, spray with water hoses, and having her arm twisted. She was treated as having no value and no rights. Her experiences are impossible to justify.

Several years ago, Providence City Councillor Mary Kay Harris and others spearheaded the creation of the Providence External Review Authority (PERA), a civilian lead police oversight board. In light of Dr. Hirsch’s findings, the re-establishment of this board in a must.

We need, says House of Hope CDC outreach worker Kate Miechkowski, “to address the cause of people having nowhere to go and nowhere to sleep, rather than arresting and harassing those who suffer from the effects of our failed economic policies.”

In November, Providence College students conducted a public spaces survey of random  pedestrians in the Kennedy Plaza/Burnside Park areas of downtown Providence. The results  were striking. Just over half (52%) of those surveyed were homeless or formerly homeless,  but 95% of the citations and 94% of the arrests were experienced by homeless and  formerly homeless persons.

Answers to other questions on the survey such as whether law enforcement had asked them  to “move on” or to leave a particular area, how often they were asked for identification; and  how often law enforcement searched their belongings without their permission show the  same pattern of disproportionate harassment of homeless and formerly homeless persons by  police. Other potential reasons for such targeting such as race, ethnicity, or age were not  found to be relevant.

“It was stunning to see the degree to which homeless Rhode Islanders are subject to  harassment by the Providence Police Department,” stated Dr. Eric Hirsch, Professor of  Sociology and author of the Public Spaces Survey. “It was the only factor relevant to why  someone was ticketed or arrested for everyday activities such as sitting, lying down, etc.”

Kate Miechkowski, Outreach Worker for the House of Hope CDC confirmed the findings of  the survey stating, “This past summer and fall I had the opportunity to interview dozens of  people experiencing homelessness about their interactions with Providence police officers. I  was horrified by their experiences of degradation, humiliation, and blatant profiling. There  was almost no one I spoke to who had amiable experiences with police officers. I personally  witnessed multiple incidents in which people were told that they had to move for doing  nothing except occupying a public sidewalk.”

Advocates point to the fact that Rhode Island was the first state in the country to enact a  “Homeless Bill of Rights” formally banning discrimination against Rhode Islanders  experiencing homelessness and affirming their equal access to housing, employment and  public services and believe the police’s targeting of people based on their housing status is  illegal.

The Rhode Island law asserts that Rhode Islanders experiencing homelessness have the right  to use public parks, public transportation and public buildings, “in the same manner as any  other person and without discrimination on the basis of his or her housing status.”

In the original letter to the Mayor, advocates stated:

Criminalization is not a solution to homelessness. It is incredibly cruel to those  experiencing homelessness, dehumanizing the individuals and making it harder to connect to  advocates and services. It also costs the system more by spending taxpayer dollars on court  costs and incarcerations rather than on housing, medical care, and other long-term solutions.

The group asked the Mayor to implement the following action steps to address the current  situation:

1. Instruct the Providence Police Department that they may not order people to move  from public property, nor threaten arrest for the failure to move, absent reasonable  suspicion that they are committing a crime.

2. Ensure that this order is followed by:

a. Re-establishing the Providence External Review Authority (PERA);
b. Establishing a designated hotline to report harassment or illegal arrest and  regularly reporting on calls received;
c. Adding content on Rhode Island’s Homeless Bill of Rights to the training  police cadets receive at the Academy and incorporating this material into re-training of current officers.

3. Provide an appropriate location and budget for a day center in the City.

4. Publicly support the hundred million-dollar bond ask and ensure that the City’s  programs to rehabilitate vacant homes (such as Every Home) results in apartments  that are affordable to very low income renters.

Nationally, there is increasing recognition of the need for cities to shift away from criminalization and toward a right to housing. In its report No Safe Place, the National Law Center on Homelessness and Poverty details the ways in which criminalizing ordinances are  damaging both to individuals experiencing homelessness and to the cities that enact them. It  also found that, despite a lack of affordable housing and shelter space, cities across the  country are essentially making it illegal to be homeless with laws that outlaw life-sustaining  acts, such as eating and sleeping, in public spaces.

Key findings/conclusions from the report are:

• Homeless people are criminally punished for being in public even when they have no  other alternatives;
• The criminalization of homelessness is increasing across the country;
• Criminalization laws violate the civil and human rights of homeless people;
• Criminalization laws are costly to taxpayers;
• Criminalization laws are ineffective; and
• Criminalization laws should be replaced with constructive solutions to ending  homelessness.

The Seattle University School of Law recently published a series of briefs exploring the  monetary costs of criminalization and placing these laws squarely within the shameful  tradition of Jim Crow, Anti-Okie, and Ugly laws. Earlier this summer, the U.S. Department of  Justice filed a Statement of Interest arguing that it unconstitutionally punishes homelessness to make it a crime for people to sleep in public when there is insufficient shelter.

Rhode Island’s Homeless Bill of Rights stands in complete contrast to this trend causing advocates to be dismayed by the growing complaints from those experiencing homelessness  that the police are not respecting their rights.

The Homeless Bill of Rights sets an important foundation for Opening Doors Rhode Island,  the state’s plan to end homelessness, which states as a core value that “there are  no ‘homeless people,’ but rather people who have lost their homes who deserve to be treated  with dignity and respect.”

Opening Doors Rhode Island outlines a plan that significantly transforms the provision of  services to Rhode Islanders experiencing homelessness. Consistent with the new federal plan  to end homelessness, the plan seeks to sharply decrease the numbers of people experiencing  homelessness and the length of time people spend homeless.

“Rhode Island has the potential to be a model for how to end homelessness,” concluded  Megan Smith, Outreach Worker for House of Hope CDC. “We can do this by collaborating  to provide safe, affordable, permanent housing and engaging with and educating our  community. It is not done by harassing and further marginalizing our city’s most vulnerable  neighbors.”

Mayor Elorza was invited to speak at the rally, but declined. His office issued the following statement:

“The Mayor is committed to working with our service providers, advocates and community partners to address the social and economic challenges these resident face. We have spoken previously with the Chief of Police and he has directed his officers not to target those who are struggling with homelessness.”

[Portions of this are from a joint RICH and RIHAP press release]

The 30^th annual “San Diego International Conference on Child and Family Maltreatment” is sponsored by the Chadwick Center at Rady Children’s Hospital, San Diego, and the University of California School of Medicine in San Diego.  The conference’s focus is on multi-disciplinary best practices to prevent, investigate, treat and prosecute child and family maltreatment.

Col. Hugh Clements, Jr., Providence’s police chief, and Family Service of Rhode Island senior vice president Susan Erstling, PhD will present “Partnering With Police: Current Practices and Lessons Learned around Early Identification of Rhode Island Minors at High Risk for Sex Trafficking and Sexual Exploitation.”

Family Service of Rhode Island, a statewide non-profit, has partnered with the Providence Police for more than a decade on crime prevention and victim services.  Family Service of Rhode Island also partners with the Rhode Island State Police and the East Providence Police on similar initiatives.

As part of the presentation, Family Service of Rhode Island has developed a video featuring Providence Police Detective Koren Garcia and Family Service of Rhode Island’s police liaison Carla Cuellar discussing how they work together with victims on issues relating to the legal system, emotional trauma, and medical care, and the role of Hasbro Children’s Hospital’s Child Safe Clinic.

https://youtu.be/zk5SADffDc8

“I urge everyone interested in sex trafficking issues, particularly persons in law enforcement and social work, to watch this video. It provides a real-world look at the day-to-day problems confronting victims and first providers,” said Dr. Erstling.  She noted that January is “Human Trafficking Awareness Month.” Dr. Erstling is senior vice president of trauma, loss and children’s services at Family Service of Rhode Island, which is the regional site for the National Child Traumatic Stress Network.

“We are pleased to share the firsthand practical knowledge we have on helping traumatized victims with professionals from across the nation and beyond,” said Margaret Holland McDuff, CEO of Family Service of Rhode Island, who helped create the agency’s partnership with the Providence Police a decade ago.

Col. Clements and Dr. Erstling will be joined at the presentation by Amy Goldberg, MD, pediatric specialist at the Lawrence A. Aubin Child Protection Center, Hasbro Children’s Hospital. Dr. Goldberg will address the  pediatric and medical aspects of child sex trafficking as well as collaborative strategies  in conducting interviews, medical evaluations, and follow up care to reduce re-traumatization, avoid criminalization and to recognize the significant developmental and physical aspects of having been commercially exploited.

[From a press release]

The Rhode Island American Civil Liberties Union (ACLU) filed a lawsuit on behalf of a Providence street musician, saying that the city has infringed upon his First Amendment rights. 62-year-old Manuel Pombo has been harassed by Providence Police for playing in a public space on multiple occasions, even though he had a permit to perform.

Pombo said that he has been playing in Providence for over two decades, and it wasn’t until the past few years that he was even concerned about being arrested.

“It was rare to have a policeman tell me to stop,” he said. “Over the last few years, it’s become an every day thing, and I’m constantly worried about if I’m going to get arrested for playing music.”

Pombo has played near the Dunkin Donuts Center as well as the Providence Performing Arts Center for years, but police have continually chased him away from those areas.

“I have permission from the Dunkin Donuts Center director to play on their sidewalk, and after over 15 years at playing at Dunkin Donuts hockey games or concerts, I get positive feedback. Some of the fans have come by and said “You’re part of the hockey experience,” Pombo said. “Recently, at the Dunkin Donuts Center, a policeman was coming out, and he said “Get out of here with that.”

Pombo added that he has not had these troubles in other cities within the state, or in other cities outside of Rhode Island. He has even been harassed on his way home, when he is not playing his saxophone at all.

“I think it’s the individual officer, for whatever reason, doesn’t like what I’m doing,” he said of the harassment, linking it to specific policemen rather than the city’s administration.

“I’m not blanketing the entire police department. There are officers that support me, even tip me,” he said.

Pombo’s troubles don’t end at harassment, though. In July of 2013, he was arrested for playing his saxophone on a public sidewalk and charged with disorderly conduct and refusal to exhibit a peddler’s license. One of Pombo’s lawyers, Shannah Kurland, said that the charges were arbitrary.

“He was originally told he was being arrested for failure to move. One of the charges, that they put initially, was failure to show a license or badge, and then they added in disorderly conduct, which is kind of the charge that they throw out when they don’t have a real reason to arrest somebody,” she said.

The permission to perform license that Pombo has gives the police complete discretion as to who can play and who cannot play- it even says so on the sign he must have with him.

“It’s a no brainer, that that’s not allowed,” Kurland said. “To have that blanket, unbridled discretion.”

“The First Amendment protects the speech we hate, as well as the speech that’s nice,” said Pombo’s second lawyer, John Dineen. “Mr. Pombo doesn’t have to prove that the majority of people like his music or how good he is.”

“We’re hoping that the city will respond to this by immediately agreeing to stop the harassment, while the litigation is pending, rather than being ordered to do so by the court,” Kurland said.

“I think it’s notable that a big municipality like Providence would have so little regard for what are really basic exercises of First Amendment rights,” Steven Brown, the executive director of the RI ACLU said. “These are not complicated, complex First Amendment issues, they’re very fundamental, and it’s somewhat surprising and disappointing that a major municipality would show so little regard for allowing people to exercise their free speech rights in this way.”

Pombo’s lawsuit was filed by the ACLU in the U.S. District Court, and directly challenges the legality of the permission to perform license he must carry. Along with the broad discretion that the license gives the police to prevent him from playing, Pombo is also barred from soliciting money for his performances.

This is the third lawsuit that the ACLU has filed against Providence in the past several years. Two years ago, a federal judge sided with the ACLU and stated that Providence police violated the free speech rights of a Providence woman after barring her from peacefully distributing leaflets on a public sidewalk in front of a building where former Mayor David Cicilline was speaking. They sued the police department again last year for violating the free speech rights of protesters at a fundraiser for Governor Gina Raimondo.