Everyone but Raptakis is against felony conviction for highway protest


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malcusmillsEven a police union official and the House sponsor of a bill to make highway protests a felony said the proposed punishment doesn’t match the crime at a House Judiciary Committee meeting last week

“I don’t necessarily agree it should be a felony,” said Anthony Capezza, state director International Brotherhood of Police Officers. He also conceded that the bill is more broadly written than need be. “I agree, it’s broadly written, where somebody just an individual standing in the street, could be charged under this.”

Rep. Ray Hull, who sponsored Raptakis’ bill that would make highway protests a felony punishable by at least a year in jail, distanced himself from the strict sentencing mandate after tough questioning from Rep. Joe Almeida during the hearing. Rep. Dennis Canario, sponsored a similar bill and testified his version was superior because it carries a misdemeanor sentencing guideline.

Of the 19 people who testified only Sen. Lou Raptakis said a felony conviction was warranted for protesting on a highway.

In spite of obvious public interest in the proposed legislation (the hearing was covered by RI Future, RIPR and the Providence Journal), legislators chose not to broadcast it on Capitol TV. For those interested, Steve Ahlquist recorded the entire meeting and what follows is video clips of all the public testimony.

Andy Horowitz, law professor Roger Williams University:

Ellen Tuzzolo, Providence resident:

Stan Tran, former Republican candidate for congress:

Malcus Mills, Direct Action for Rights and Equality:

Kristin Dart, Rhode Island Coalition for Reproductive Justice:

Steve Brown, ACLU:

Laura Ucik, Brown Medical School student:

Fred Ordonez, executive director, Direct Action for Rights and Equality:

Megan Smith, Rhode Island Homeless Advocacy Project:

Michael DiLauro, public defender:

Martha Yaeger, American Friends Service Committee:

David Fisher, rabble-rouser:

Sheila Wilhelm, Direct Action for Rights and Equality:

Barry Schiller, a transportation activists said bicyclists could be charged under the legislation:

Randall Rose, activist:

Anthony Capezza, state director International Brotherhood of Police Officers:

Rep. Ray Hull:

Rep. Dennis Canario:

Sen. Lou Raptakis:

Sen Raptakis, Rep Hull talk Black Lives Matter, felonies, historical context


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raptakis Sen. Lou Raptakis’ and Rep. Ray Hull’s bills targeting Black Lives Matter highway protests addresses the tactic of calling attention to invisible racism and institutional injustice. But Rhode Island still has significant work to do on the root causes of invisible racism and institutional injustice.

A recent report ranked Rhode Island as the third worst in the nation for Black people. There are very wide racial gaps in income, employment and education. And it was only 14 years ago that a Black Providence cop was shot and killed by a White Providence cop.

So I asked Sen. Lou Raptakis and Rep. Ray Hull, the sponsors of the bills that would make highway protests a felony, what they think of the Black Lives Matter movement, and other pointed questions about racism in Rhode Island and historical context.

House sponsor Hull says Raptakis bill is too harsh


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almeida2Even the House sponsor of Sen. Lou Raptakis’ bill that would make Black Lives Matter highway protests a felony punishable by at least a year in jail distanced himself from the overly harsh penalty during and after a House Judiciary Committee hearing on Wednesday.

“Is it a felony? I will tell you, no,” said Rep. Ray Hull, a Black police officer from Providence, sponsor of the bill that would make highway protests a felony. “Absolutely not.” Hull told me this after enduring pointed questioning in the public hearing from Rep. Joe Almeida, also a Black man from Providence.

“I don’t know what the percentage rate is, but a good portion of the people of color are going to be walking across that highway,” Almeida said to Hull. “And I can help them with a misdemeanor. My hands are tied with a felony.”

Hull seemed to tell Almeida he would rescind the bill. Steve Ahlquist has video of the exchange:

Hull and Raptakis sponsored versions of the bill that would make the highway protests a felony. Rep. Dennis Canario sponsored a similar bill that would make the protests a misdemeanor. You can read about their differences here.

Nearly every speaker systematically denounced the bills. Even the lone law enforcement lobbyist in support copped to it being overly broad. Most speakers said a felony is far too harsh a penalty for such an offense. Many said creating a new class of crime to target a nonviolent protest that is already illegal is unnecessary and/or unjust.

Former Republican congressional candidate Stan Tran likened the legislation to something Iran or China would do – and couched his comment by reminding the committee that his parents had emigrated from Vietnam. Steve Brown, executive director of the ACLU, said the felony version would implement a stiffer penalty than drunk driving – which, obviously, can also effectuate a traffic jam.

Fred Ordonez, executive director of DARE, dismissed the idea that the potential for emergency vehicle delay warrants a stiff penalty pointing out that ambulances are delayed by traffic issues all the time caused by celebrations, sporting events and unforeseen accidents. He wondered if it was the nature of the message rather than the nature of the protest that inspired legislators to take action.

We’ll have more video from this hearing later today.

House Judiciary considers highway blocking bills Wednesday


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highway shutdownThe House Judiciary Committee this week is scheduled to consider two bills that target the Black Lives Matter activists’ tactic of shutting down highways. Both bills are slated to be heard Wednesday afternoon at the State House.

Felony version

One of the bills (H5 192) is a House version of the controversial legislation Coventry Sen. Lou Raptakis submitted in the Senate that was met with heated a criticism from racial and economic justice activist who said it was an insult to the legacy of Martin Luther King (a version of this RI Future post was used on the ProJo op/ed page today) as well as defenders of civil liberties and the homeless, who warned of unintended consequences.

This bill would elevate the punishment for interfering with highway traffic during a protest from disorderly conduct, a misdemeanor punishable by “not more than six (6) months” in jail, to a felony  that “upon conviction” would mandate “a term of imprisonment of not less than one year nor more than three (3) years at the adult correctional institution.” It would create a new crime called “Unlawful interference with traffic” that would apply to “any federal or state highway.”

Delaying an emergency vehicle that results in a death would carry a sentence of five to 30 years in prison.

The lead sponsor is Rep. Ray Hull, a Providence police officer who is also Black and a Democrat. It’s co-signed by Republican Mike Chippendale, Foster, and Democrats Cale Kaeble, Burrillville, Pat Serpa, West Warwick, and Stephen Casey, of Woonsocket.

Misdemeanor version

The other bill (H5 193) would keep the crime a misdemeanor, but it would still increase the punishment from up to six months in jail to “not more than one year ” in jail. Its prime sponsor is Re. Dennis Canario, who represents Portsmouth and Tiverton, and is also co-signed by Hull, Rep. John Edwards, of Tiverton, Rep Joe Almeida, of Providence and Rep. Joe Sherkachi, of Warwick.

It’s punishment may be less Draconian, but it may apply to more roads in Rhode Island that the other bill. H5 193 says:

“For the purposes of this section, ‘freeway’ means a way especially designed for through traffic over which abutters have no easement or right of light, air, or access by reason of the fact that their property abuts upon the way, and shall include, without limitation, all roads designated as part of the interstate highway system.”

H5 192 refers only to “federal or state highways.” This would seem to exempt town roads while the previous language seems to include all roads in the state.

State Rep Ray Hull speaks out against strike on Syria


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Photo  courtesy of RayHull.com
Photo courtesy of RayHull.com

State Rep. Ray Hull, who lives in and represents the Mt. Pleasant area of Providence, has sent a letter to Rhode Island’s congressional delegation asking them not to support a military strike against Syria. He’s the first member of the General Assembly to speak out on the matter (to my knowledge).

Here’s his letter:

Like you, and all other compassionate and humane individuals, I find the situation in Syria to be both sad and despicable.  I simply do not understand how the leader of a nation – whether torn by internal strife or civil unrest – could wantonly murder his fellow countrymen, especially through the use of chemical agents.

That being said, I nonetheless must ask you to not support any U.S. military intervention in the nation of Syria if or when the issue comes before Congress when it recovenes next week.

I believe that what we are observing in Syria is a civil war. I believe that what we are seeing is a situation that does not, in any way, shape or form, have an immediate or direct impact on the United States or American citizens. I do not believe that, if we were to intervene, even in a limited way, the outcome would result in a situation that would be beneficial to the United States. I fear any potential repercussions resulting from our intervention, and I do not believe that any faction of the civil unrest in Syria that might come to power as a result of our assistance would be an American ally.

America has already spent too much money and shed too much blood attempting to bring peace and democracy and human rights to other countries in that part of the world that have not shown a willingness to end centuries of religious and tribal warfare. We must not go that route again.

Please stand strong against any attempt to seek U.S. military action in Syria.

Sincerely,

Raymond A. Hull

State Representative – District 6