GoLocal’s ‘Panhandler Plague’ piece sparks protest


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2016-06-21 GoLocal Panhandling 003GoLocal, a local online news blog, “has a history of dehumanizing stories related to the poor and homeless” said protesters outside the news blog’s downtown offices on Tuesday. The news site’s latest headline, “Panhandling continues to plague Providence”, was too much. They organized a panhandling protest.

What the headline means, says Curtis Pouliot-Alvarez, staff attorney at Rhode Island Center for Justice, is that, “they don’t consider these people human. Instead they’re calling them an illness and a scourge on society.

“The real problem is poverty and the systems that create poverty” said Pouliot-Alvarez, and that’s what needs to be changed.”

Pouliot-Alvarez was joined by Shannah Kurland, a community lawyer at PrYSM and several others in congregating outside the GoLocal offices and asking passersby for money, “to buy GoLocal a heart.”

No one gave any money while I was there, and GoLocal never left their basement offices to talk to the protesters.

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Curtis Pouliot-Alvarez

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Saxophonist Manny Pombo settles suit, may play without interference


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Manuel Pombo
Manuel Pombo

The City of Providence can no longer stop musician Manuel Pombo from performing or soliciting donations on city streets as part of a settlement reached today in a First Amendment lawsuit brought by the American Civil Liberties Union of Rhode Island.

See: ACLU sues Providence for violating street musician’s free speech rights

The ACLU of Rhode Island filed a federal lawsuit in July on behalf of Pombo, a 62-year-old saxophonist, who had been arrested once, and threatened with arrest on numerous other occasions, while playing his saxophone on sidewalks and street corners in Providence. His “permission to perform” license issued by the city also prohibited Pombo from soliciting donations for his performances, and it allowed him to perform solely at the unbridled discretion of police officers. The ACLU argued this violated Pombo’s free speech and due process rights.

As a result of today’s settlement, filed in U.S. District Court, the City of Providence can no longer order Pombo to stop performing on public property or require him to obtain a permit to perform on public property absent violation of any other valid ordinances. The settlement agreement further stipulates that “because soliciting donations is protected speech under the First Amendment,” the City cannot stop Pombo from soliciting or accepting donations for his performances. The City also agreed to pay compensatory damages.

The lawsuit was filed by ACLU of RI volunteer attorneys Shannah Kurland and John W. Dineen.

Kurland said today: “We appreciate that the City was able to work with us to acknowledge Mr. Pombo’s right to make music in public spaces. Let’s hope that going forward municipal government will respect the Constitution without people having to sue our own city.”

Attorney Dineen added: “Ben Franklin, who was a busker in his early days, will be glad to see that the First Amendment still has some life in it, although it takes a street saxophonist and the ACLU to keep it going.”

This is the third lawsuit in five years that the ACLU of Rhode Island has filed against the City of Providence for interfering with the exercise of free speech rights on City public property. Two years ago, a federal judge agreed with the ACLU that Providence police violated the free speech rights of a local resident when she was barred from peacefully leafleting on a public sidewalk in front of a building where then-Mayor David Cicilline was speaking. In 2014, the ACLU sued the Providence Police Department for violating the free speech rights of protesters at a fundraiser in Roger Williams Park for then-Gubernatorial candidate Gina Raimondo. That case is ongoing.

A copy of the settlement is available here: http://riaclu.org/images/uploads/Pombo_Settlement.pdf

Other documents related to the case are available here: http://riaclu.org/court-cases/case-details/pombo-v.-city-of-providence

[From a press release]

RI Center for Justice discusses lawyering for social change


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RI Center for JusticeIt was a packed house at the RI Center for Justice as Executive Director Robert McCreanor lead a discussion about the collaborative work of community organizers and public interest lawyers in the area of social justice. On the panel were organizers and lawyers who work with DARE (Direct Action for Rights and Equality) and PrYSM (Providence Youth Student Movement) in Providence, and MFY’s Housing Project, the Three-Quarter House Tenant Organizing Project (TOP) in New York City.

What became clear over the next ninety minutes is that lawyering works in support of community organizing, not the other way around. What this means is that lawyers interested in social justice work need to “find the legal work that can support the organizers,” according to Shannah Kurland, a community lawyer and Soros Justice Fellow at PrYSM.

Kurland started as a community organizer at DARE, and struggled with her decision to become a lawyer. She was “not sure if becoming a lawyer was a right fit” and asked herself, “was it selling out?”

Michael Grinthal, supervising attorney for MFY’s Housing Project and Three-Quarter House Project, also started as a community organizer. For him, lawyering is a better fit, especially now as a father of a two year old. In New York, “all battles come back to housing because its so hard to live in NYC,” said Grinthal.

MFY “was the legal office for the welfare rights movement,” says Grinthal, making a local connection by adding, “George Wiley is one of the founding organizers in that movement.”

The funding for much legal service work comes through “legal services corporation” but under a law pushed through by Newt Gingrich (in a deft example of racist legislating, I should add) “organizations that get such money cannot do community organizing,” said Grinthal

Michael Zabelin, Staff Attorney at Rhode Island Legal Services and a lawyer who often works closely with DARE was never a community organizer. His work with the Harvard Legal Aid Bureau made transition to working with DARE “the obvious thing to do.” Zabelin twice mentioned the influence of community lawyer Steve Fischbach on his ideas around being a lawyer. Fischbach’s work around housing issues was instrumental in getting Just Cause passed a few years ago.

Paulette Soltani works with MFY Legal Services as a community organizer for the Three-Quarter House Tenant Organizing Project (TOP). TOP started five years ago to help organize tenants living in three quarter houses, described as an unregulated housing industry that pretends to offer transitional services for people recently released from prison or substance abuse centers. “They open buildings and pack 6-8 people in,” says Soltani, they sometimes “force the use of certain medicaid providers, as a form of Medicaid fraud.”

People living in these conditions can find themselves evicted without due cause. Often they are locked out and separated from their possessions. This can have the effect of sending these tenants back onto the streets, into homeless shelters, or into conditions that can ultimately send them back to jail or substance abuse.

As a community organizer Soltani must often deal with the immediate and personal issues of those she meets, “but the point of an organizer is to target systems” in addition to base building, outreach and leadership development. Her goal is to allow “people to develop their voices” as leaders and to work within coalitions.

Christopher Samih-Rotondo, Community Organizer at DARE and the Tenant and Homeowner Association (THA) agrees. He organizes low income communities of color in the south side of Providence. He works to develop team leaders for direct action and to effect legislative and policy change.

Samih-Rotondo spoke about Just Cause, passed because during the foreclosure crisis “banks became de facto landlords and would evict tenants without cause.” With lawyers his group “developed legislation to hold banks responsible for landlord tenant act.” The services DARE provides for individuals are done to “bring people in to form a movement, radicalize people, and change the system.”

Shannah Kurland doesn’t want this to sound too mercenary. Not all people who come to a group like DARE will stick around. Still, it’s important to help them. “Here’s a human being, part of our community, facing an issue,” said Kurland, later adding that, “a movement isn’t about one issue.” People who come one year to work on an issue like childcare may come back years later to do foreclosure work.

Samih-Rotondo thinks it is important to build individual capacities in people who come to his group for help. There are many things people can do without a lawyer, if they have the rules explained to them and can be empowered to act on their own behalf.

Soltani said that it is important for community organizers to meet “people where they are and understanding why they’re there in the first place. If they don’t come, ask why?”

For Sarath Suong, co-founder and executive director of PrYSM, lawyers have always been required. We needed “immigration lawyers early on to end Cambodian deportations.” More recently, PrYSM’s work on the Community Safety Act (CSA) required careful legal writing. The CSA has “twelve provisions that will curb profiling” and seeks to free people from “state, street and interpersonal violence.”

However, says Suong, “we know that policy will not save our communities. We know that communities need to save themselves, build a sense of resistance.”

Kurland agrees. “There are a ton of laws to protect you,” she says, “but they not enforced.” People in low-income communities of color learn that “here are your rights on paper,” now, “how do I stay safe on the street?” In other words, is asserting one’s rights in the moment worth the risk of being arrested or beaten?

When PrYSM started back in 2001, “only the police were engaging with SouthEast Asian youth” in Providence,” said Suong. PrYSM is based on Love, Power and Peace, and seeks to “hold Police accountable for the way they profile young people.”

The RI Center for Justice has a mission of “Protecting legal rights to ensure justice for vulnerable  individuals, families, and communities in Rhode Island.”  The Center currently works with Fuerza Laboral  on the Wage Justice Project, with the Community Action Partnership of Providence (CAPP) on the Tenant Advocacy Project and with the George Wiley Center on it’s Lifeline Project.

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Homeless advocates confront PVD police over homeless harassment


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DSC_8802More than 50 homeless and community advocates protested and confronted the police on Thursday afternoon in front of CVS near Kennedy Plaza within sight of Providence City Hall. At least 14 police officers were on hand, though no arrests were made. The protesters carried signs demanding an end to “a noticeable increase of harassment of homeless folks around the city.”

According to the Rhode Island Coalition for the Homeless (RICH), “On Thursday, August 13th, Shannah Kurland, a community lawyer and activist, was arrested in front of the CVS located at 70 Kennedy Plaza. Witnesses state that Kurland was simply standing on the sidewalk near the CVS and clearly not blocking the entrance.”

DSC_8749The police officers told Kurland that she was in violation of “failure to move,” a non-existent offense with “no legal basis in city ordinance or state statute,” that is often used to threaten and harass homeless people, according to RICH. When Kurland explained that there was no such law, she was arrested

Protesters carried signs and defiantly committed the same “crime” as Kurland, standing in front of CVS, and refusing to move. “Advocates contend that with increasing frequency, people experiencing homelessness are being subjected to judicial and extrajudicial arrest, harassment, and discrimination,” said RICH in a press release, “Individuals who are homeless have been treated as criminals for engaging in activities necessary to survival, foremost among them resting and sleeping.”

One sign simply read, “Legalize Sleep.”

“We are sick of the harassment,” exclaimed Barbara Kalil, Co-Director of the RI Homeless Advocacy Project (RIHAP). “People are being targeted simply because of their housing status. Not only is that unacceptable, it is illegal!”

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Outside Elorza’s office

Kalil lead a delegation into City Hall to present a letter to Mayor Jorge Elorza demanding a meeting to discuss the issues by September 4th and that the Providence Police be immediately instructed “to stop their practice of criminalizing homelessness and harassing homeless individuals” both downtown and in other city neighborhoods.

In addition, RICH and RIHAP demanded a “commitment on behalf of the city to provide resources for a permanent, accessible day center” and a “promise from the city to advocate for more permanent housing vouchers and identified units.”

Earlier in the day, a homeless constituent encountered two police officers “who told him that they know about the rally this afternoon and there will be many police officers there ready to arrest anybody who obstructs the sidewalk,” said Karen Jeffries of RICH in an email. According to the constituent, the police officers said, “We have Paddy wagons and many handcuffs ready to go.”

DSC_9031The police were in fact ready with plastic handcuffs hanging from their belts and two “paddy wagons” parked on the opposite side of Kennedy Plaza. During the protest the police made a large show of force that included at least one officer videotaping the crowd, for reasons that are unclear. The Providence Police are often videotaping crowds at such events, but do not seem to have any policies in place regarding the use of such video.

Shannah Kurland is the lawyer for Manny Pombo, a street musician suing the city of Providence for harassment, and John Prince, who was attacked by police in his own home for videotaping them from his yard. Kurland is also involved in her own lawsuit against the city of Providence for violating her free speech rights last year at a fundraiser in Roger Williams Park for then-Gubernatorial candidate, and now Governor, Gina Raimondo. Kurland is also legal counsel to five local Ferguson activists charged with trespassing for shutting down Interstate 95.

DSC_9027RICH drew attention to a report from the National Law Center on Homelessness and Poverty, which “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;
-Criminalization laws should be replaced with constructive solutions to ending homelessness.

DSC_8944RI famously passed a “Homeless Bill of Rights” in 2012 with the intent of preventing, according to Sam Howard, in a piece written for RI Future at the time, “harassment or discrimination towards homeless people. This means kicking people off of park benches or out of libraries when they’re not doing anything wrong. It means that when someone applies for a job, the fact that their mailing address is listed as a shelter can’t be used as a reason to reject them. It means that a homeless person can’t have their stuff seized or searched if they’re not causing trouble. Basically, if the Governor signs this, it’s now a little bit easier for the homeless to enjoy all the little niceties of public life.”

The Homeless Bill of Rights set 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.”

According to RICH, “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.”

“The path to ending homelessness starts with treating those experiencing homelessness with basic dignity and respect, plain and simple,” added Kalil.

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ACLU sues Providence for violating street musician’s free speech rights


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Manuel Pombo
Manuel Pombo

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.

20150714_101337“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.

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Press conference against police brutality at Providence City Hall


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Victoria Ruiz as “Justice”

John Prince was not the only person to successfully file a complaint against the Providence Police Department in recent months.

At a press conference held outside Mayor Jorge Elorza‘s offices in the Providence City HallMorgan Victor told the story of her and her friend’s verbal harassment by Providence police officers in November 2014. With the help of Shannah Kurland, the lawyer representing John Prince in his complaint, Victor endured the long complaint and hearing process to a successful conclusion. “Ultimately they were found guilty for what they did to us,” said Victor.

 

Monica Huertas took the microphone to tell the emotional story of her complaint against the Providence Police, still in process. When her brother, a veteran suffering from PTSD, was in need of medical help, she called 911. When the police arrived, instead of attempting to deescalate the situation, they tased him.

The event was emceed by a sword wielding Victoria Ruiz, dressed as Justice. Steven Dy, lead organizer at PrYSM, spoke about the Community Safety Act, which Mayor Elorza promised to support when he was a candidate, but has not moved on since taking office.

The only elected official in attendance was Providence City Councillor Mary Kay Harris. At least five Providence Police Officers kept a watchful eye on the proceedings from a respectful distance.

The press conference ended with a plea to those who have endured abuse at the hands of the police to come forward and lodge formal complaints. Community groups such as DARE and PrYSM will be happy to help you through the process. A hashtag, #AllEyesonProPo, has been created to publicize the effort.

You can watch the full press conference below:

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Internal affairs: 2 PVD police officers erred in treatment of John Prince


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John Prince

An internal affairs investigation found two of three Providence police officers guilty of violating department rules and regulations when they took John Prince‘s camera phone from him, according to Police chief Hugh Clements.

In September, 2014, Prince observed three police officers outside his home and used his phone to video the officers. They had detained two women and were asking “intimidating” questions while going through their handbags. The officers objected to being recorded, chased Prince inside his home, took his cellphone, deleted the video and threw the phone into the bushes, an egregious violation of Prince’s constitutionally guaranteed rights.

After San Lucas issued his finding, Colonel Hugh Clements, chief of the Providence Police, concurred and issued appropriate sanctions, he said in this letter. The supervising officer, Sgt. Roger Aspinal, was suspended for one day without pay, and must attend retraining. Officer Louis Gianfrancesco was not suspended but must attend retraining.

Prince and his lawyer, Shannah Kurland, will be holding a press conference Thursday at Providence City Hall to talk about the case. You can hear Prince tell his story in the video below.

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The trial of Tess Brown-Lavoie: Activist found guilty of blocking highway


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Tess Brown-Lavoie was found guilty of disorderly conduct for blocking the highway during the #blacklivesmatter protests on November 25 and sentenced to six months probation, 100 hours of community service and a $500 fine by Judge Christine Jabour.

Defense attorney Shannah Kurland announced her intention to appeal the verdict to Superior Court.

The trial lasted about four hours, with the state calling only three witnesses. The key witness was Rhode Island state police officer Franklin Navarro, a ten year veteran who before joining the force was a practicing attorney. Navarro testified that he did not see Brown-Lavoie on the night the highway was blocked until she was already under arrest and placed in the back of a police transport van with the four other individuals. Navarro was able to identify Brown-Lavoie in the videos provided by WPRI-12 and WLVI-6, shot the night of the protest.

Defense attorney Kurland questioned the relevance of Navarro’s testimony. The officer, claimed Kurland, was not testifying exclusively to events he personally witnessed the night of the protest, but also on what he could see in the video that was shot by others while his attention was drawn elsewhere. Judge Jabour initially supported Kurland’s arguments, but then reversed herself as she allowed the prosecutors, assistant attorney general Stephen Regine and attorney Eric Batista, to slowly move through the 20 minutes of video asking Trooper Navarro to narrate what he was seeing, sometimes frame-by-frame.

Navarro scrutinized the video, pointing out figures in the crowd he claimed to be Brown-Lavoie based on her long hair, hoodie, jeans and “teal blue” shirt. The identifications Trooper Navarro made were not apparent to me or to many in the courtroom. Attorney Kurland spent some time pointing out inconsistencies in Navarro’s account, but Judge Jabour ultimately found the trooper’s testimony compelling, and cited Navarro’s testimony in her judgement as the main reason for the guilty verdict.

Navarro’s account

Perhaps the most interesting part of Navarro’s testimony was his description of the events that transpired on the night of the protest. Navarro arrived at the state police barracks on Route 146 in Lincoln just before the call came in about a disturbance on Route 95 near the Washington St. bridge. Four troopers in four cars responded from the barracks, and hit heavy traffic, caused by the protesters blocking the highway, where 146 meets 95.

Navarro testified that he used his lights and sirens to cleave a path through the cars until the road became hopelessly blocked and he was forced to leave his vehicle and walk the remaining 100 feet to the site of the disturbance. Upon arriving at the scene, Navarro noticed orange traffic cones blocking the travel lanes. Navarro met with his commanding officer and then attempted to persuade the protesters to leave the highway verbally. After a “few minutes” the police organized a line and successfully corralled the crowd off the travel lanes and onto the breakdown lane and the embankment.

It was while ordering the crowd up the embankment and over the fence back onto the service road that runs parallel to the highway and alongside the Providence Public Safety Complex that Navarro noted an altercation and noted that his fellow officers were in the process of arresting two black men. Navarro focused on his portion of the crowd, commanding the protesters up the embankment and back over the fence.

After the crowd was cleared and the arrests made, Navarro was then ordered to escort the van back to the state police barracks in Lincoln. It was at this point that he first saw Lavoie-Brown, who was in the van with the others arrested by the state police that night. Navarro escorted Lavoie-Brown and Molly Kitiyakara into the state police barracks for photos and fingerprinting.

Constitutional challenge

Judge Jabour  dealt with a constitutional challenge to the disorderly conduct statute under which Brown-Lavoie was charged. (A copy of the memorandum, filed for another defendant, can be viewed here.) Attorney Kurland maintained in the memorandum that the law as written is vague, in that it states that protests on the highway are illegal, unless part of a legal protest. This leads to ambiguity, as differentiating between legal and illegal protests is not part of the law as written. Jabour rejected this reasoning, saying that the law “was not vague and could not be more specific” in listing the kinds of behavior the law is meant to curtail.

Kurland’s second objection was based on “time, place and manner” restrictions. The #blacklivesmatter in Providence protests were scheduled to occur the day after the grand jury verdict in Ferguson that ultimately brought no charges against Darren Wilson, the officer who shot and killed Michael Brown. Applications to the Rhode Island State Traffic Commission must be turned in 7 days in advance of an event, making timely protests all but impossible, in contravention of first amendment case law. Further, there is no history of a permit to protest on a highway ever being granted in Rhode Island, and there is the question as to whether our constitutional rights should be turned over to an administrative body such as the State Traffic Commission.

Judge Jabour also rejected this reasoning, saying that “laws are presumed constitutional unless the defendant proves [otherwise] beyond a reasonable doubt,” which in Jabour’s opinion, Kurland had failed to do.

Effects on proposed legislation in the General Assembly

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Representative Dennis Canario

Pending appeal, Lavoie-Brown’s conviction seems to demonstrate that new laws making blocking the highway a felony or a misdemeanor separate from disorderly conduct are unnecessary. The state has successfully prosecuted two cases under existing laws, and the penalties, though not as onerous as those suggested by Senator Leo  Raptakis, are within the range being discussed in Representative Dennis Canario’s bill. Passing new laws after defendants have been successfully prosecuted and sentenced to sufficient punishment under existing law would seem to most people to be a waste of time and effort.

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50 hours of community service for highway protester


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Molly Kitiyakara, bottom right

Saying that she didn’t agree with the state prosecutor’s request for a sentence of six months probation for a first time offense, on Tuesday Judge Christine Jabour issued Molly Kitiyakara, arrested for disorderly conduct during a #blacklivesmatter protests that blocked the highway on November 25th of last year, a filing and sentenced her to 50 hours of community service. Judge Jabour approved the filing and Kitiyakara’s nolo plea over the state’s objection after a lengthy and sometimes tense discussion between the prosecutor and defense lawyer Shannah Kurland at the bench.

The remaining four defendants, Tess Brown-Lavoie, Steven Roberts, Larry Miller and CBattle are due back in court on January 20 as prosecutors and defense counsel continue to negotiate.

You can read about their previous court date here.

Also appearing today, in another courtroom, was Servio Gomez, who is being tried separately from the other defendants, as he is being charged by the Providence Police, not the State Police. Gomez told me that his lawyer is still negotiating with prosecutors, and that he is due back in court on January 22.

Kitiyakara is the second of the PVD7, those arrested the night of the November 25 protest, to settle with the state. Charges against Tololupe Lawal were dismissed on December 17.

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Voices and video from Saturday’s forum on racism


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Saturday’s forum, Racism, State Oppression, and the Black Community Ferguson Beyond, held at the Southside Cultural Center on Broad Street here in Providence, was packed, with the crowd at its peak reaching nearly 200 people.

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(c)2014 Rachel Simon

City Councillor-elect Mary Kay Harris emceed the event, keeping the panelists and commenters from the audience mostly on point. The panelists were Globe (Jonathan Lewis) of the Positive Peace Warrior Network, Erroll Lomba of roots.media, Monay McNeil, a student at Rhode Island College, Prof. Matt Guteri of Brown University and Steve Roberts, a recent graduate of Rhode Island college and one of the PVD7, arrested November 25th for allegedly trespassing on the highway during a Ferguson protest here in Providence.

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Globe, Positive Peace Warrior Network (c)2014 Rachel Simon

The size of the crowd and the resurgent interest in civil and human rights is a welcome counter to what many perceive to be a rising tide of government overreach and police militarization. The links between social and economic inequality are becoming ever more clear, as both panelists and commenters pointed out. We are still in the early days of what seems to be a new civil rights movement poised to oppose the drug war, the prison industrial complex and the “New Jim Crow,” and we are starting to see signs of what this movement is and what it hopes to accomplish.

The event was hosted by the Mount Hope Neighborhood Association, Inc., the Providence Youth Student Movement (PrYSM), the Providence Africana Reading Collective (PARC) and OneVoice RI, in collaboration with Shanna Weinberg of the Center for the Study of Slavery and Justice at Brown University.

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Monay McNeil (c)2014 Rachel Simon

As usual I have a ton of video from the event, including the entire 2 hours and 20 minutes as one video (scroll down to the bottom of the page). Photographer Rachel Simon supplied the still pictures for this post.

Errol Lomba, of roots.media, was interested in the questions brought up by nationwide reactions to the incidents in Ferguson and New York, but he also wonders about the answers. “What does a solution look like?” he asks, “How do we win?”

Monay McNeil reflected on the media reports about the Mike Brown homicide. When the shooting was fist reported, news media were taking their cues from social media, and we learned that Mike Brown’s death as a tragic loss: he was young, he was a college student. Soon, the narrative changed, as the media moved to defend the police. Now, Mike Brown is a thief and a thug.

Globe is a student of Martin Luther King and nonviolence. He mused on the divide between the youth driving the recent protests and the older activists who seem to be out of touch with their methods and style. The youth are “not saying they don’t want to learn from you,” says Globe, “they’re asking, ‘What are you going to do for us?'”

Nobody talked longer than Steve Roberts, who is full of ideas on hip hop culture, the history of the civil rights movement and the philosophy that seems to be driving the current unrest. When examining history, says Roberts, “you get this sanitized, dry, boring version of civil rights… People tend to discredit the more radical elements of protest efforts.”

This one is well worth a watch for people interested in understanding what’s really going on.

Professor Matt Guteri of Brown University was quick to give up his academic privilege when joining the conversation. “Just call me Matt,” he said, but he made some important points. “Any crime is used as a justification for death,” said Guteri, explaining how the police and the media blame the victims for violence done to them. he also made some important points about the role of social media in recent events. In the build up to the Iraq War, says Guteri, the media ignored the peace protests, but because of social media, the media is having a more difficult time ignoring the protests that have come in the wake of Ferguson.

After the public commentary, the panelists were given some time to wrap up their thoughts.

“We live in a society where in Detroit, they shut down the water, and old people are walking around with buckets. And it’s not because there’s a drought, it’s because they want more money, because the rich want more money…”

This speaker talked about working within the system to effect change, and he surprised the audience with a big reveal…

“In order for this movement to successful it has to be lead by the most oppressed, and right now I believe it’s the black transgendered youth…”

“Until we have a conversation about racism in this country and the white supremacy that these officers are fighting/uplifting, we’ll never truly find a solution…”

“We have to see the way in which we get punished for speaking out and fighting back. So a modern day example would be how he (Steve Roberts) got punished and tried to be ‘put in his place’ and essentially a call to all the white supremacists to go find him was publishing his address in the Providence Journal. That seems very much like the fugitive slave act…”

Servio Gomez is one of the PVD7. “On the issue of the firefighter getting reprimanded, we need to understand that as a worker issue. We need to understand that a worker was showing solidarity, and they got reprimanded as a worker, using state mechanisms, because the state was their employer, and that’s just how it goes. Workers need to be able to determine how they express themselves on the job and how to best develop themselves…”

Maria Cimini is finishing up her second term as State Representative, after being essentially pushed out by a Democratic leadership that didn’t like her Democratic Party positions. She will be returning to the fight for social justice as an activist. At the forum, she defended the idea of working within the system, at least in terms of being active in state and local politics, in order to achieve social justice goals.

“I’m 21 years old and it took me 21 years to understand my own blackness and understand that I was black as an Afro-Latina…”

Carolyn Thomas-Davis of OneVoice RI wonders if everyone “really understands the reason we are here, today? Do you understand the issues over police brutality? And do you understand how we got to where we are?”

Shannah Kurland is an activist lawyer working as the defense for five of the PVD7. “I want to ask every one of us to show some love for the PVD7, those brave young people who put their lives on the line… they did that for all of us. In terms of older people looking to younger people for knowledge and inspiration, I know they’ve given me some and I know they’ve given a lot of us- by putting their bodies on the line, by putting their safety on the line…”

“Currently have the NBA and the NFL as one of the most lucrative businesses for black and brown people, yet it’s also being used as a [way to control us] by white owners…”

Randall Rose warned the audience not to get too comfortable with social media. It can become a tool with which to identify the troublemakers and oppress us.

Here’s the full video:



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