ACLU wants broader investigation in Cranston Police Dept.


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RI ACLU Union LogoCalling the findings of the Rhode Island State Police (RISP) investigation into the Cranston Police Department likely the “tip of an iceberg,” the ACLU of Rhode Island urged the Cranston City Council to call for further investigations into police practices and possible abuses of power against individuals outside the department.

In a letter sent to city councilors Tuesday, ACLU of Rhode Island executive director Steven Brown noted that while the RISP report was thorough, it focused on a handful of discrete, and largely internal, matters. Further investigation is warranted, the letter argued, because “the public deserves to know whether the improper actions so thoroughly documented in this report were, somewhat incredibly, the only such abuses to take place, or whether there were other unknown victims of these violations of the public trust.”

Steve Brown
Steve Brown

According to the RISP report, former police chief Marco Palombo not only hired private investigators to conduct surveillance of two police officers, but also briefly spied on a contract civilian computer technician. That spying also entailed police improperly accessing a DMV database to obtain information about the technician. The ACLU letter notes that “if police misused their access to state databases for one political purpose, the reasonable question naturally arises whether this was the only time such databases were misused.” As for surveillance of civilians in addition to the technician, another city employee alleged she too had been the subject of police surveillance. Though the RISP report was unable to substantiate her suspicions, Brown noted that under the circumstances, her concerns “cannot be dismissed out of hand either.”

The ACLU’s letter also pointed to RISP findings that police officials “improperly sought” search warrants for phone records of two targeted employees, and that the affidavits “appeared to be misleading to the Court.” At about the same time, Brown noted, a Rhode Island judge, ruling in a completely unrelated criminal case, sharply criticized Cranston police for, among other things, submitting warrant affidavits that contained “false statements that were deliberate or made in reckless disregard for the truth.”  Many of the “dubious practices” cited by the Court, states the letter, “seem eerily similar to some contained in the State Police report.”

These examples lend credence to the possibility that the documented “questionable activities used against fellow officers may have seeped into police activities against non-officers.” As a result, the ACLU letter called it “essential that further investigations be conducted to see if any of these troubling, and potentially unlawful, practices were utilized against others in instances unrelated to Ticketgate and the internal power struggles examined by the report.

The ACLU noted, as the State Police did, that the vast majority of police officers in the Cranston Police Department should not be judged by the bad actions of a few. At the same time, the RISP findings “may represent part of a broader pattern of police misconduct that cannot and should not be ignored lest it unintentionally promote a culture of indifference to basic civil rights that may continue to sprout in other contexts.”

As a result, Brown urged the City Council to “demand answers as to whether the police department, with or without the knowledge of the Mayor, may have engaged in other questionable activities against city residents since 2009, whether it was through improper surveillance, misuse of state databases, or other questionable undertakings such as those that have now been documented.”

This piece is based on a RI ACLU press release.

RI ACLU files complaint against DMV


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acluThe ACLU of RI has filed a federal civil rights complaint against the Rhode Island Division of Motor Vehicles (DMV) on behalf of a recent Italian immigrant whom the DMV has barred from taking the written driver’s license exam in any language other than English, Spanish or Portuguese. The complaint, filed with the Civil Rights Division of the U.S. Department of Justice (DOJ), charges the DMV with violating a law that requires agencies receiving federal funding to provide meaningful access to programs and services for individuals with limited English proficiency (LEP).

Danilo Saccoccio, an Italian national who received his green card in November, is married to an American citizen and has two children who are also American citizens. When he sought to turn in his Italian driver’s license for a Rhode Island one, he was advised he was entitled to no language accommodations to take the test even though it is offered in two languages other than English. Although he has attended ESL classes for a short period of time since he has been here, and plans to attend more such classes when work and family duties allow it, Mr. Saccoccio speaks very limited English. Mr. Saccoccio avoids driving as much as possible, including to ESL classes, because he fears being stopped with only his Italian license.

Title VI of the Civil Rights Act of 1964 requires agencies receiving federal funding to provide individuals with limited English proficiency meaningful access to agency programs and services. Federal regulations implementing Title VI specifically cite driver’s license exams as a critical service subject to the law. However, the DMV has claimed it has no obligation to accommodate the LEP population beyond what it has already done for the Spanish and Portuguese population, and has refused to offer any sort of accommodation through oral interpretation or translation services for Italian-speaking LEP persons.

In the 15-page complaint filed with the DOJ, ACLU volunteer attorney Jennifer Doucleff notes that, according to Census data, the current Italian-speaking LEP population ranks as the fourth most populous in the state, amounting to 2,470 persons, and that there are more than 20,000 other LEP persons who would not be able to obtain a driver’s license under the DMV’s policy.  The ACLU complaint concludes:

“[The DMV’s] insistence that the DOJ Guidance does not apply to the situation of an LEP resident seeking to attain meaningful access to this vital service or to other aspects of the drivers’ license program, raises serious doubts as to compliance with its Title VI obligations with regard to its other programs and services, as well as its obligations to members of other language LEP populations in Rhode Island.”

The complaint calls on DOJ to step in and order the DMV comply with federal law and provide Mr. Saccoccio and others like him meaningful access to the agency’s services. Over the years, the ACLU has filed similar language access complaints against the Department of Human Services and the state Judiciary, leading to improved LEP access at those agencies.

Steven Brown
Steven Brown

ACLU of RI volunteer attorney Doucleff said today: “The DMV’s blatant disregard for the federal guidelines established precisely to prevent it from discriminating against LEP individual raises red flags as to whether the agency can possibly be providing Rhode Island’s growing LEP population with meaningful access to any of its programs and activities.  Moreover, the DMV’s refusal to provide any level of accommodation to Mr. Saccoccio so that he may access the driver’s licensing process is particularly alarming given that there are currently more than 20,000 LEP Rhode Islanders who, like Mr. Saccoccio, do not speak a language in which the driver’s license exam is offered.”

ACLU of RI executive director Steven Brown added: “DMV’s refusal to comply with this critical anti-discrimination law is inexcusable. By already accommodating Spanish and Portuguese speakers in the exam process, the agency has recognized that LEP individuals have the right to a driver’s license. It cannot shut the door on other residents just because they do not speak Spanish or Portuguese. We are hopeful that the Department of Justice will halt this inequity.”

The complaint is available online at http://riaclu.org/images/uploads/Saccoccio_DOJ_Complaint.pdf

This post is based on an ACLU press release.

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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Committee considers driver’s licenses for undocumented immigrants


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Representative Anastasia Williams testifying for H6174
Representative Anastasia Williams testifying for H6174

“We are not just nomads looking for benefits.”

That’s what Jose Chacon, an undocumented immigrant living in Rhode Island, said to the  House Judiciary Committee on Tuesday, in support of H6174, which proposes giving driver’s licenses to illegal immigrants.

“It’s just a human thing to do,” he said.

In its current state, the bill allows undocumented immigrants a valid Rhode Island driver’s license if they can provide documents that reliably establish their name, date of birth, place of birth, and Rhode Island residency, among other pieces of information. Those who are under 18 are still required to undergo driving education.

Representative Anastasia Williams (D-District 9), the primary sponsor of the bill, in her testimony, said the bill has been a long time coming.

“I do believe we are going to come to a crossroad where we address the issues before us,” she said. One of those issues, according to Williams, is safety. If illegal immigrants are granted driver’s licenses, then they will have further access to auto registration and insurance, should they get into a car accident.

“It’s about responsibility, accountability, and a duty,” Williams said, citing that it is state legislature’s duty to ensure that everyone is as safe as possible on the road. “It is time for us to do our due diligence to make sure that these individuals on the road have the proper documentation,” she said.

When asked who would pay for these licenses, Williams responded that the process would operate much like the processes for giving a license to a US citizen.

“Time and resources is something that this General Assembly puts forth for many other things,” she said. “We are not giving out free licenses. These individuals will have to pay for them just like you and I.”

Even with supporters like Chacon, many of which attended the hearing, H6174 still has its fair share of opposition. Terry Gorman, the president of Rhode Islanders for Immigration Law Enforcement, came to testify against the legislation. Gorman found many parts of the bill to be unclear, and even called H6174 an “illegal aliens benefit act.”

“Passing this bill would in effect hold all of you in violation of 8 USC 1324, which prohibits aiding and abetting illegal aliens,” he said. “People said they’re doing it anyway, they’re going to continue doing it. There are child molesters, wife beaters, and bank robbers, doing crimes. Should we just ‘Oh they’re doing it anyway, they’re going to continue doing it?’”

Gorman’s main objection to the bill was that many of the documents that undocumented immigrants would be asked to provide are not valid forms of government identification.

“That needs some sort of clarification as to who is going to verify that information, and what the cost will be to verify it,” he said.

Steven Brown from the RI chapter of the ACLU testifying in support of H6174
Steven Brown from the RI chapter of the ACLU testifying in support of H6174

Currently, H6174 is subject to amendment, but one that has caused some controversy is whether or not undocumented immigrants applying for a driver’s license would be required to submit to a national criminal background check. A major concern is whether or not such information would make its way to United States Immigration and Customs Enforcement (ICE).

“If you do have a national criminal record check, innocent people will be fearful, and understandably so,” said Steven Brown of the Rhode Island ACLU. Brown mentioned that the state Senate version of this bill has an explicit confidentiality provision that prevents the sharing of illegal immigrant’s information without issuing a subpoena.

“I don’t believe that particular provision is in this bill, and we would encourage that it be added,” he said. “We would encourage the committee, in considering this bill, to reject that option, because of its consequences.”

Rest in Peace Milt Stanzler, Founder of RI ACLU


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Milt Stanzler. (Photo courtesy of the RI ACLU)

Rhode Island mourns the death of Milton Stanzler, a lawyer who founded the local affiliate of the American Civil Liberties Union in 1959. He was 92 years old. Current RI ACLU Executive Director Steven Brown said of Stanzler’s passing:

“With courage, wisdom and foresight, Milton Stanzler founded the Rhode Island ACLU in 1959. It was a period when censorship of plays, books and movies in the state was rampant, and an epic battle was being fought over legislative efforts to ban housing discrimination on the basis of race.

Thanks to his leadership, the Affiliate became an important force in the community on these and hundreds of other issues during his decades of involvement with the organization. His work as a volunteer attorney in dozens of important cases and his authorship of a history of the Rhode Island ACLU also leave a lasting legacy. We mourn his loss, but he will be fondly remembered for both his generosity of spirit and his lifelong commitment to the indivisibility of freedom.”

Stanzler is said to have appeared before the state Supreme Court some 50 times and “the United States Supreme Court decided several of his cases,” according to the Rhode Island Heritage Hall of Fame. “He wrote most of the legislation that crowned the state’s first fair housing law.”

“Milton Stanzler stepped forward to confront the thorny issues of his day,” wrote the hall of fame of him when he was inducted. “We applaud his unstinting courage, integrity, and resolution to keep the land of Roger Williams free. He is part of an unbroken heritage of independent thinking and action that began with the colony’s establishment in 1636.”

He also helped to found the Trinity Repertory Company in 1962. According to Broadway World:

“In the spring of 1962, Milton Stanzler first proposed his vision of establishing a professional theater in Providence to friends Norman Tilles, Robert Kaplan and actress Barbara Orson. While the challenges facing the group were many, over the next year they pursued their common goal of making Milton’s dream a reality. They soon assembled of a core company of actors, hired then New York-based theater director Adrian Hall as their first artistic director, and in 1964, they opened the doors to the Trinity Square Playhouse’s first production, Brendan Behan’s The Hostage.”

A funeral will be held for him at will be held at Temple Beth-El on Friday, March 9, 2012, at 11:00am.

RI ACLU Supports Occupy Providence’s Right to Peaceably Assemble

RI ACLU executive director Steven Brown yesterday on the Occupy Providence protest:The ACLU fully supports the right of ‘Occupy Providence’ to engage in forms of peaceful protest at the park and elsewhere in the city in order to express their political views and promote their cause. We believe that some of the particular rules and ordinances that have been cited by the City in an October 27th letter to protesters – including an apparent ban on any protest activity in the park after 9 PM – may be constitutionally problematic if they were to be enforced against members of ‘Occupy Providence.’ Peaceful First Amendment activity should not be subject to a curfew.The Projo oddly(?) buried the lede with their headline, “ACLU: Federal ruling limits Occupy Providence’s right to remain”. Contrast that with GoLocal’s take, “ACLU Supports Occupy Providence.” The ACLU did note the federal ruling and also their opposition to it:Issues surrounding the group’s indefinite encampment are more complicated. Unfortunately, there is a U.S. Supreme Court decision, called Clark v. Community for Creative Non-Violence, which upheld, in the similar context of a political protest, the constitutionality of a federal rule against overnight camping in certain public parks. We disagree with that ruling, but under the circumstances, we believe it significantly limits the First Amendment arguments that are available in support of the group’s right to indefinitely encamp at Burnside Park without a permit.The ACLU statement also hints at the possibility of legal action “for challenging Providence’s camping ban,” as yet unexamined.

For their part, the Taveras administration issued a statement with plans to pursue eviction via the courts. The mayor selectively quotes the ACLU statement in support of this action. Hopefully the rest of the words of the ACLU will weigh heavily as well:

This historic protest has been extraordinarily peaceful, and the participants appear to have been cooperative with city officials and respectful of needs relating to public safety. We appreciate the comments that have been made by the Providence Commissioner of Public Safety that any eviction proceedings will be done through an orderly civil, not criminal, process, and that there will be no effort to use force to remove people from the park. It is essential that all appropriate due process is provided before any such proceedings take place.


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